CHAPTER
Gen 200 PROCEDURAL RULES
REVISION NOTE:
Document #13554, effective 4-11-23, repealed
Part Gen 201 through Part Gen 218 containing all of
the former rules in Chapter Gen 200 and adopted a new rule Part Gen 201 titled “Rules
of the Practice and Procedure” containing Gen 201.01 titled “Applicability of Ahp 200” and Gen 201.02 titled “Waiver of Substantive
Rules.”
Document #13554 replaced all prior
filings for the former Chapter Gen 200. The prior filings affecting the former
rules in Chapter Gen 200 included only Document #10651, effective 8-6-14.
As practice
and procedure rules, the rules in Chapter Gen 200 in Document #13554 will not expire
except pursuant to RSA 541-A:17, II.
PART Gen 201 RULES OF THE PRACTICE AND PROCEDURE
Gen 201.01 Applicability of Ahp
200. The Ahp
200 rules shall govern with regards to all procedures for:
(a) Adjudicatory proceedings;
(b) Rulemaking submissions, considerations, and
disposition of rulemaking petitions;
(c) Public comment hearings;
(f) Declaratory rulings;
(g) All statements of policy and interpretation;
(h) Explanation of adopted rules; and
(i)
Voluntary surrender of licenses.
Source. (See
Revision Note at chapter heading for Gen 200) #13554, eff 4-11-23
Gen
201.02 Waiver of Administrative Rules.
(a) The board shall initiate a waiver of a
substantive rule upon its own motion by providing affected parties with notice
and opportunity to be heard, and issuing an order which finds that waiver would
be necessary to advance the purpose of the rules of this board.
(b) Individuals who wish to request a waiver of a
rule shall submit a written request to the board, which includes:
(1) The rule
for which a waiver is requested;
(2) The
anticipated length of time the requested waiver will be needed;
(3) The
reason for requesting the waiver;
(4) Evidence
of how the waiver will provide for the health and safety of the consumer or licensee;
(5) A
time-limited written compliance plan which sets forth plans to achieve
compliance including an estimated date of compliance; and
(6) The
signature of the applicant.
(c) The board shall consider the following when
determining whether to approve or deny a waiver:
(1) If
adherence to the rule would cause the petitioner unnecessary or undue hardship;
(2) If the
requested waiver is necessary because of any neglect or misfeasance on the part
of the practitioner;
(3) If enforcement
of the rule would injure a third person(s); and
(4) If waiver
of the rule would injure a third person(s).
(d) The board shall approve a waiver of an
administrative rule request only if:
(1) Granting
a waiver does not have the effect of waiving or modifying a provision of RSA
328-F or RSA 326-K;
(2) The petitioner
shows or has shown good cause exists to waive the rule; and
(3) The board
determines that the individual’s plans for compliance with the rule includes an
estimated date of compliance and eventual compliance.
(e) If the board, after receiving and reviewing a
request for a waiver, requires further information or documentation to grant or
deny the waiver, the board shall:
(1) Notify
the applicant in writing within 30 days; and
(2) Specify
the information or documentation the board requires.
(f) The board shall issue a written approval or
denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is
required. If additional information and
documentation is required, then the board shall issue a written approval or
denial within 60 days of receiving the requested information or documentation.
Source. (See
Revision Note at chapter heading for Gen 200) #13554, eff 4-11-23
APPENDIX
Rule |
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Gen 201 |
RSA 328-F:13 |