21 NCAC 06Y .0106         WAIVER

The Board may waive any rule in this Chapter that is not statutorily required if a licensee, or applicant for license or certification, submits a written request to the address in 21 NCAC 06A .0102. Factors the Board shall use in determining whether to grant the waiver are:

(1)           degree of disruption to the Board;

(2)           cost to the Board;

(3)           degree of benefit to the public;

(4)           whether the requesting party had control over the circumstances that required the requested waiver;

(5)           notice to and opposition by the public, provided that this notice does not conflict with laws that would prohibit disclosure of information, such as the Health Insurance Portability and Accountability Act or the North Carolina Identity Theft Protection Act;

(6)           need for the waiver; and

(7)           previous requests for waivers submitted from the requesting party.


History Note:        Authority G.S. 88A-6; 150B-19(6);

Eff. November 1, 2022;

Recodified from 21 NCAC 19 .0706 Eff. January 1, 2023.