26 NCAC 05 .0112 WAIVER

  1. The Commission in open session may waive any rule for which no specific waiver provision is set out.

  2. Any person or agency requesting a waiver shall do so in writing and shall set out the specific rule for which a waiver is requested and the reasons justifying such a waiver.

  3. Any person desiring a waiver of the Commission's rules shall submit a copy of the request to the rulemaking coordinator for the agency proposing a rule at the same time and in the same manner as the submission to the RRC.

  4. The factors to be used in deciding whether to waive a rule are:

    1. the necessity for a waiver;

    2. the amount of notice given to the Commission and its staff, the agency proposing the rule, and interested parties;

    3. the applicant's responsibility for the conditions creating the need for a waiver;

    4. the applicant's previous requests for a waiver;

    5. the applicant's knowledge of or experience with the rulemaking process;

    6. the precedential value of such a waiver;

    7. the harm to the applicant if a waiver is not granted;

    8. the harm to the agency if a waiver is granted when the agency is not the applicant.


History Note: Authority G.S. 143B-30.1;

Eff. August 1, 2008.