CHAPTER Eng 200 PRACTICE AND PROCEDURE

CHAPTER Eng 200 RULES OF PRACTICE AND PROCEDURE

REVISION NOTE:

Document #13890, effective 2-24-24, repealed Part Eng 201 through Part Eng 217 in Chapter Eng 200, titled “Practice and Procedure”, and renamed the chapter as “Rules of Practice and Procedure”. Document #13890 also adopted a new Part Eng 201 titled “Applicability and Waiver of Substantive Rules”, containing Eng 201.01 titled “Applicability of Plc 200” and Eng 201.02 titled “Waiver of Administrative Rules.”

Document #13890 replaces all prior filings affecting the rules in the former Chapter Eng 200. The prior filings included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#5397, eff 5-20-92

#6752, INTERIM, eff 5-20-98, EXPIRED: 9-17-98

#7468-A, eff 3-24-01 (Eng 201-Eng 216 only)

#10044, eff 1-1-12 (Eng 217 only)

As practice and procedure rules, the rules in Document #13890 will not expire except pursuant to RSA 541-A:17, II.

PART Eng 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Eng 201.01 Applicability of Plc 200. The Plc 200 rules shall govern the board of professional engineers with regards to all procedures for:

(a) Adjudicatory proceedings;

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

(d) Declaratory rulings;

(e) All statements of policy and interpretation;

(f) Explanation of adopted rules; and

(g) Voluntary surrender of licenses.

Source. (See Revision Note at chapter heading for Eng 200) #13890, eff 2-24-24

Eng 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 the 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.

(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 310-A:2 through RSA 310-A:27;

(2) The petitioner shows or has 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) 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 Eng 200) #13890, eff 2-24-24

APPENDIX

Rule	Specific State Statute which the Rule Implements
Eng 201	RSA 310-A:6, I(g); RSA 541-A:16, I(b)
Eng 201.02	RSA 310-A:6, I(g); RSA 310-A:6, I(g)