N.H. Admin. Code § He-C 4003.42

Current through Register No. 45, November 7, 2024

Section He-C 4003.42 - Waivers

(a) The unit shall grant a waiver to accommodate situations and circumstances at YRCs where strict compliance with all requirements established herein may not be necessary for the protection of the safety and health of the individuals who attend or provide services at such camps.

(b) A request for a waiver shall be filed with the application for a YRC license or as soon thereafter as the need for the waiver is identified.

(c) The person requesting the waiver shall include the following information with each such request:

(1) A specific reference to the section of the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary;

(3) A full explanation of the alternative(s) proposed to be implemented if a waiver is granted, if any;

(4) Whether the waiver is needed for a limited time and, if so, what that time period is; and

(5) A full explanation of why granting the waiver will not jeopardize the health and safety of the individuals who attend or provide services to the YRC, as applicable.

(d) Subject to (e), below, the unit shall grant a waiver if it determines that granting a waiver will not jeopardize the health and safety of the individuals who attend or provide services to the YRC, as applicable. In granting a waiver, the unit shall impose such conditions, including time limitations, as the unit deems necessary to ensure that the health and safety of the individuals who attend or provide services to the YRC, as applicable, are protected.

(e) No waiver shall be granted if the effect of the waiver would be to waive or modify a statutory requirement, unless the statute expressly provides that the requirement may be waived or modified.

(f) If a waiver is granted, the waiver shall be made part of the license.

(g) If the waiver request is denied, the unit shall notify the person requesting the waiver in writing of the decision and the reason(s) for the decision.

N.H. Admin. Code § He-C 4003.42

Derived from Volume XL Number 7, Filed February 13, 2020, Proposed by #12981, Effective 1/24/2020, Expires 7/22/2020

Amended by Volume XL Number 33, Filed August 13, 2020, Proposed by #13073, Effective 7/23/2020, Expires 7/23/2030