N.H. Code Admin. R. He-C 6918.10 – Waiver of Rules

(a) Providers who request a waiver of a requirement in He-C 6918 shall submit a written request to DHHS, which includes the following information:
1. (1) The program name, address, phone number, and NH Bridges resource ID number assigned by the department;
2. (2) The specific reference to the section of the rule for which a waiver is being requested;
3. (3) An explanation of why a waiver is necessary, the length of time for which the waiver is requested, not to exceed 92 days, and any effect the granting of the waiver will have on the health and safety of the children in the program;
4. (4) The number and age range of children who will be affected by the waiver;
5. (5) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;
6. (6) The signature of the enrolled child care provider; and
7. (7) The signature of the parent or copy of a notice which has been shown to, or mailed to each parent, explaining the waiver request and informing the parent that he or she may call the department if they have any concerns about the requested waiver.
(b) A waiver shall be granted to the child care provider if:
1. (1) The department concludes that authorizing deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and
2. (2) The alternative proposed ensures that the object or intent of the rule will be accomplished.
(c) When a waiver is approved, the program’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.
(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies, which are referred to in this rule.
(e) A waiver request shall be denied when any of the following occurs:
1. (1) The department finds that approval of the requested waiver will jeopardize the health or safety of children;
2. (2) The department finds that approval of the requested waiver will impair the program’s or provider’s ability to adequately care for children; or
3. (3) The department finds that approval of the requested waiver will impair the operations of the program.
(f) A waiver shall be granted in writing for the duration of time requested in (a)(3) above, from the date the waiver was granted.
Source. #13066, eff 7-1-20
He-C 6919 – RESERVED