The commissioner shall grant a petition for waiver or suspension of a rule if the commissioner concludes:

1. (a) That the petitioner has established:

   1. (1) That he or she would suffer a hardship by application of the rule;
   2. (2) Waiver or suspension would not conflict with statutes and case law relative to programs administered by the department, or with the purposes of RSA 21-I;
   3. (3) Waiver or suspension would not impose a hardship on a third party; and
   4. (4) Waiver or suspension is necessary due to factors outside the control of the petitioner; or
2. (b) That the petitioner has established that waiver or suspension is necessary to comply with applicable statutory or case law, or to achieve the purposes of RSA 21-I.

Source. #8909, eff 9-22-07