Practice and Procedure

(a) A hearing on rules proposed by the executive director that is not a hybrid hearing or a virtual hearing shall be moved to another location only in accordance with RSA 541-A:11, V. (b) A hearing on rules proposed by a policy-autonomous board that is not a hybrid hearing shall …

(a) The electronic access information for a hybrid or virtual hearing to receive comments on rules proposed by the executive director shall not be changed except in accordance with RSA 541-A:11, V-a. (b) The electronic access information for a hybrid hearing to receive comments o…

(a) The presiding officer shall close the oral public hearing when he or she determines that no one has further questions or comments that are relevant to the subject of the hearing. (b) At an oral public hearing other than a rulemaking hearing, if additional time is requested to…

The rules in this part shall apply to any petition submitted to the executive director or a board pursuant to RSA 541-A:4. Notes N.H. Admin. Code § Plc 208.01 Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12863, Effective 9/4/2019. Amended by (See Re…

(a) Any person wishing to file a petition to adopt, readopt with amendments, or repeal a rule in title Plc shall file the original and one copy of the petition with the executive director, provided that only the original or other single copy shall be required if the petition is f…

A petition to adopt, readopt with amendments, or repeal a rule shall contain the following: (a) The name of each person requesting the adoption, readoption with amendments, or repeal of the rule, with an e-mail address for the person; (b) If the person making the request is other…

The petitioner shall have the burden of persuasion relative to demonstrating that the criteria for denying the petition specified in Plc 208.05(e) are not met. Notes N.H. Admin. Code § Plc 208.04 Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12863, E…

(a) Within 30 days of the submission of a petition to adopt, readopt with amendments, or repeal a rule in title Plc, the executive director shall: (1) Determine whether to grant or deny the petition; and (2) Notify the petitioner of the decision in writing sent to the email addre…

(a) Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the executive director, for any rule in title Plc, or to the board that adopted the rule, for rules in any title other than Plc…

(a) The executive director or the board that adopted the rule, as applicable, shall provide a written response within 90 days of receiving a request in accordance with Plc 209.01 if no board meeting is required or within 60 days of the board's first meeting after receiving the pe…

(a) The purpose of this part is to establish a mechanism whereby a person who is uncertain of the applicability of a particular statute implemented by the executive director or a board or a rule adopted by the executive director or a board may request a decision in advance of tak…

(a) Any person seeking a declaratory ruling from the executive director or for a profession for which the board is advisory or for which there is no board shall file a written petition for declaratory ruling that meets the requirements of Plc 210.03 with the executive director in…

(a) A petition for declaratory ruling shall contain: (1) The name and mailing address of the petitioner and, if the petitioner is filing electronically or is filing on paper but agrees to receive the notice under Plc 210.04(b) and a response by email, the email address to which t…

(a) Within 25 days of receipt by the executive director of a petition for declaratory ruling, the executive director shall review the petition to determine: (1) Whether additional information or explanation is needed from the petitioner; and (2) Whether the complexity of the peti…

(a) Subject to (c), below, the executive director shall make a decision on the petition and, if the petition is not denied, issue a declaratory ruling in writing within 60 days of:(1) Receipt of the petition, if no additional information or explanation from the petitioner or assi…

(a) Any participant in a non-adjudicative proceeding or otherwise affected by the rules in Plc 200, other rules in title Plc, or the rules of a policy-autonomous board who wishes to request a waiver of a rule shall proceed in accordance with this section. (b) Waiver requests made…

For purposes of this part, the following definitions shall apply: (a) "Decision maker" means the person who has the authority to rule on a petition for waiver, such as the executive director, presiding officer, or board. (b) "Petition for waiver" means the document, or the totali…

A petition for waiver of a rule filed under this part shall: (a) Be directed to the presiding officer if one has been designated, or to the executive director or board if no presiding officer has been designated; (b) Be in written form, unless made in response to a matter asserte…

A petition for waiver filed under this part shall include a clear and concise statement of the reason(s) why the waiver is being sought, including an explanation that addresses: (a) All of the relevant facts of the matter; (b) The economic and operational consequences to the peti…

(a) If the petition asserts that any other identifiable person(s) would be harmed or otherwise disadvantaged by the proposed relief, the petitioner shall: (1) Serve the petition on each such person; and (2) Advise such persons of their right to reply to the petition within 10 day…

(a) Any person who receives service of a petition pursuant to Plc 211.05 who wishes to respond to the petition shall file a written response within 10 days of receipt of the petition that includes:(1) The name and address of the person who is filing the response; (2) If the perso…

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as are ordered by the decision maker after reviewing the petition and any response(s) received. (b) If a request for waiver is made orally at an oral public hearing a…

(a) The decision maker shall rule upon a waiver request only after: (1) Fully considering all factors relevant to the request; and (2) Affirmatively finding that good cause, as described in (c) and (d), below, exists to grant a waiver. (b) If the decision maker does not find good…

A board shall waive a rule upon its own motion only if the board: (a) Provides affected persons with notice and an opportunity to be heard; and (b) Issues an order that finds that good cause exists for granting the waiver. Notes N.H. Admin. Code § Plc 211.09 Derived from (See Rev…

For any proceeding where the board is an advisory board, if the executive director determines that the technical expertise of the advisory board is needed to respond to a petition for a waiver, the executive director shall consult with the advisory board prior to making a decisio…

The purpose of this part is to establish the circumstances constituting an emergency or loss of funding for purposes of waiving the requirements of RSA 21-G:37, I - IV, as contemplated by RSA 21-G:37, V. Notes N.H. Admin. Code § Plc 212.01 Derived from Volume XXXIX Number 37, Fil…

Unless otherwise specified, Plc 212 shall apply to the procurement of goods and services by the OPLC using a request for bid (RFB), request for application (RFA), request for proposal (RFP), or similar invitation. Notes N.H. Admin. Code § Plc 212.02 Derived from (See Revision Not…

(a) "Emergency situation" means a natural, technological, or human made situation, condition, or set of circumstances that has caused, or is determined by the OPLC to be likely to threaten, harm to public health or safety and: (1) Impedes or diminishes the OPLC's or a board's abi…

(a) The OPLC shall waive any or all of RSA 21-G:37, II - IV for any RFA, RFB, RFP, or similar invitation if the waiver is necessary to: (1) Prevent the loss of federal or other funds subject to recapture; or (2) Prevent or mitigate an emergency situation as defined in Plc 212.03(…