CHAPTER
En 200 PROCEDURAL RULES
Statutory Authority: RSA 12-P:5, IV and V
REVISION NOTE:
Document #14179, effective 1-22-25,
adopted chapter En 200 by essentially readopting with amendment Puc 201.05 from Document #10099, eff 3-20-12, as some the
authority for Puc 200 was transferred to the
Department of Energy pursuant to 2021, 91:187, which adopted RSA 12-P.
PART
En 201 GENERAL REQUIREMENTS
En 201.01 RESERVED.
En 201.02 RESERVED.
En 201.03 RESERVED.
En 201.04 RESERVED.
En. 201.05 Waiver of Rules.
(a)
The department shall waive the requirements or provisions of any
department rule, except where precluded by statute, upon request by an
interested party, or on its own motion, if the department finds that:
(1) Applying the rule provision would cause
confusion or would be misleading;
(2) The rule provision is in whole or in part
inapplicable to the given circumstances;
(3) There are specific circumstances applicable
to the situation such that strict compliance with the rule would be onerous and
would not promote the objective or intent of the rule provision; or
(4) Any other extenuating circumstances exist
such that application of an alternative standard or procedure better promotes
the objective or intent of the rule provision.
(b)
No requirement prescribed by statute shall be waived unless expressly
authorized by law.
(c)
Any person or entity seeking a waiver shall make a request in writing to
the Commissioner.
(d)
A request for a waiver shall specify the basis for the waiver and
proposed alternative, if any.
(e) The duration of the
waiver shall be only for the duration of time requested, if any, and in no
instance for longer than one year.
Source. #14179, eff 1-22-25
APPENDIX
|
Rule |
Specific State Statute the Rule
Implements |
|
En 201.01 - En 201.04
(RESERVED) |
RSA 12-P:5, IV |
|
En 201.05 |
RSA 12-P:5, IV; RSA 541-A:22, IV |