26 NCAC 02C .0111         WAIVER

OAH may waive any rule in this Subchapter that is not statutorily required if an agency submits a written request.  Factors OAH shall use in determining whether to grant the waiver are:

(1)           degree of disruption to OAH publication and work schedule;

(2)           cost to OAH;

(3)           degree of benefit to the public;

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

(5)           notice to and opposition by the public;

(6)           need for the waiver; and

(7)           previous requests for waivers submitted from the agency.


History Note:        Authority G.S. 150B-19(6); 150B-21.19;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.