26 nCAC 05 .0112             WAIVER

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

(b)  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.

(c)  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.

(d)  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.