N.H. Code Admin. R. Lot 8110.01 – Requesting a Waiver of Rules

(a) An applicant or ADW provider may request the commission to grant a waiver from the application of a rule provided the requirements of this section are met.
(b) A request for a waiver shall:
1. (1) Be in writing;
2. (2) Include the specific reference to the rule(s) by number for which a waiver is being sought; and
3. (3) Explain the facts relied upon to support the request for a waiver including:
  1. a. Why a waiver is necessary;
  2. b. The alternatives proposed by the requestor;
  3. c. Why the requestor believes that the waiver being requested meets the criteria in (c) below; and
  4. d. Specify the period of time for which the waiver is sought.
(c) The commission shall grant the waiver if:
1. (1) The purpose of the rule would be satisfied by the alternative method proposed;
2. (2) The waiver does not result in any material prejudices; and
3. (3) Granting the waiver does not conflict with any applicable statute.
(d) The commission shall render a decision to grant or deny the request for a waiver within 45 days of the filing of the request.
(e) The commission shall notify the requestor in writing within 10 days of the decision to grant or deny the request.
(f) The applicant or ADW provider’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.
(g) Waivers shall not be transferable.
(h) When an ADW provider wishes to renew the waiver authorized for a specific period of time, the licensee shall apply for a new waiver, and such request shall be subject to (b) through (e) above.
Source. #14448, eff 12-3-25, EXPIRES: 12-3-35
APPENDIX A
Rule
Specific State Statute the Rule Implements
Lot 8101
RSA 284:12, IV
Lot 8102
RSA 284:12, IV
Lot 8103
RSA 284:22-c, II-V, and VII
Lot 8104
RSA 284:22-c, IV
Lot 8105
RSA 284:22-c, III, and IV(h)
Lot 8106
RSA 284:22-c, VI
Lot 8107
RSA 284:22-c, IV(h)
Lot 8108
RSA 284:22-c, IV(f) and (g)
Lot 8109
RSA 284:22-c, IV(a) and (h)
Lot 8110
RSA 284:12, IV