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

1. (a) That the petitioner has established that:

   1. (1) The petitioner would suffer an unavoidable hardship by application of the rule;
   2. (2) Waiver or suspension would not conflict with statutes or case law, or with the purposes of RSA 91-A:7-b;
   3. (3) Waiver or suspension would not impose an unavoidable 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:

   1. (1) Comply with the law;
   2. (2) Advance the purposes of RSA 91-A:7-b; or
   3. (3) Lend effect to the provisions of RSA 91-A.

Source. #13921, eff 5-20-24