CHAPTER Saf-Mec 200 PROCEDURAL RULES

CHAPTER Mec 200 RULES OF PRACTICE AND PROCEDURE

REVISION NOTE:

Chapter Saf-Mec 200 titled “Procedural Rules” was originally adopted by Document #10798, effective 3-18-15.

Pursuant to 2021, 91:82, effective 7-1-21, which amended RSA 153:27-a, the Mechanical Licensing Board was transferred from being a unit within the Division of Fire Safety of the Department of Safety to a unit within the Office of Professional Licensure and Certification (OPLC). The Board still had its own rulemaking authority under RSA 153:28, RSA 153:29, and RSA 153:29-a to adopt rules, but with the approval of the Commissioner of the Department of Safety. Pursuant to 2022, 314:21-23 and 25, effective 7-1-22, the Board still has its own rulemaking authority under RSA 153:28, RSA 153:29, and RSA 153:29-a to adopt rules but with the approval of the Executive Director of the OPLC. The existing rules of the Board were numbered with the rule prefix subtitle “Saf-Mec”, but all rules will eventually be renumbered with the rule prefix title “Mec.”

Document #13658, effective 6-15-23, repealed the existing Saf-Mec 200 and adopted Mec 200, now named “Rules of Practice and Procedure”, which replaces the former Saf-Mec 200 filed in Document #10798. As practice and procedure rules, the rules in Document #13658 will not expire except pursuant to RSA 541-A:17, II.

PART Mec 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Mec 201.01 Applicability of Plc 200. The Plc 200 rules shall govern the mechanical licensing board with regards to all procedures for:

(a) Adjudicatory proceedings;

(b) Rulemaking submissions, considerations, and disposition of rulemaking petitions;

(f) Declaratory rulings;

(g) All statements of policy and interpretation;

(h) Explanation of adopted rules;

(i) Voluntary surrender of licenses; and

(j) Petitions for waiver of rule.

Source. (See Revision Note at chapter heading for Mec 200) #13658, eff 6-15-23

Mec 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 RSA 310-A.

(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.

(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) Whether enforcement of the rule would injure a third person(s); and

(4) Whether 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 153:26-38;

(2) The petitioner shown good cause exists pursuant to (c) above 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) The board, after receiving and reviewing a request for a waiver requires further information or documents to determine granting or denying the waiver shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or document the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date that the request is received, and the board has all additional information it requires to make a decision on approval or denial.

Source. (See Revision Note at chapter heading for Mec 200) #13658, eff 6-15-23

APPENDIX

Rule	Statute Implemented

Mec 200	RSA 541-A:16, I (b)