N.H. Code Admin. R. He-C 4002.04
Waivers of Rules
Effective Sep 22, 2025#2664, eff 3-30-84, EXPIRED 3-30-90 New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.05); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.03); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35Commissioner, Department of Health and Human Services
- (a) Applicants or licensees who wish to request a waiver of rules shall contact the unit to initiate the waiver request process.
- (b) Applicants or licensees with a “NHCIS” portal account shall request a waiver through their account or by providing a completed “Waiver Request Form” (August 2025).
(c) A waiver shall be granted to the applicant or licensee if the department determines that the alternative proposed by the applicant or licensee:
- (1) Meets the objective or intent of the rule; and
- (2) Does not negatively impact the health, safety, or well-being of the children.
- (d) When a waiver is approved, the applicant or licensee’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.
- (e) The department shall not approve any request for a waiver of any of the provisions of RSA 170-E or of any rules of other state agencies.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90 New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.05); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.03); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35