18 NCAC 06A .2065          REQUEST FOR WAIVER

(a)  The Administrator may waive any rule in this Section other than Rule .2004(h) upon evaluation of a written request for a waiver and the factors set out in Rule .2066 of this Section.

(b)  A written request for a waiver shall include:

(1)           the identity of the person or entity filing the request ("the requestor");

(2)           contact information for the requestor;

(3)           the specific rule(s) for which a waiver is requested;

(4)           the reason(s) a waiver is being requested;

(5)           the applicability of the factors set out in Rule .2066 of this Section;

(6)           any other information the requestor thinks would help the Administrator make a decision on the waiver request; and

(7)           any other information addressing the factors the Administrator may consider in evaluating the waiver request pursuant to Rule .1504 of this Subchapter and Rule .2066 of this Section.

(c)  The Administrator may consider a request for waiver as a request for an interpretative opinion or no action letter, which would require a fee pursuant to G.S. 78A-50(e) and Rule .1504 of this Subchapter.


History Note:        Authority G.S. 78A-17.1(a)(5); 78A-17.1(f); 78A-49(a); 78A-49(d); 78A-64; S.L. 2016-103, s.4.(a);

Eff. April 1, 2017.