En. 201.05 Waiver of Rules.

1. (a) The department shall waive the requirements or provisions of any department rule, except where precluded by statute, upon request by an interested party, or on its own motion, if the department finds that:

   1. (1) Applying the rule provision would cause confusion or would be misleading;
   2. (2) The rule provision is in whole or in part inapplicable to the given circumstances;
   3. (3) There are specific circumstances applicable to the situation such that strict compliance with the rule would be onerous and would not promote the objective or intent of the rule provision; or
   4. (4) Any other extenuating circumstances exist such that application of an alternative standard or procedure better promotes the objective or intent of the rule provision.
2. (b) No requirement prescribed by statute shall be waived unless expressly authorized by law.
3. (c) Any person or entity seeking a waiver shall make a request in writing to the Commissioner.
4. (d) A request for a waiver shall specify the basis for the waiver and proposed alternative, if any.

5. (e) The duration of the waiver shall be only for the duration of time requested, if any, and in no instance for longer than one year.

   Source. #14179, eff 1-22-25

   APPENDIX

   Rule

   Specific State Statute the Rule Implements

   En 201.01 - En 201.04 (RESERVED)

   RSA 12-P:5, IV

   En 201.05

   RSA 12-P:5, IV; RSA 541-A:22, IV