Standard

Adm 216.03 Standard. The commissioner shall grant a petition for waiver or suspension of a rule if the commissioner concludes: (a) That the petitioner has established: (1) That he or she would suffer a hardship by application of the rule; (2) Waiver or suspension would not conflict with statutes and case law relative to programs administered by the department, or with the purposes of RSA 21-I; (3) Waiver or suspension would not impose a hardship on a third party; and (4) Waiver or suspension is necessary due to factors outside the control of the petitioner; or (b) That the petitioner has established that waiver or suspension is necessary to comply with applicable statutory or case law, or to achieve the purposes of RSA 21-I. Source. #8909, eff 9-22-07