Title LV, Proceedings in Special Cases

I. Within 60 days of the filing of a final proposal pursuant to RSA 541-A:12, the committee shall either approve, conditionally approve, or object to the proposed rule. II. (a) The director of the division of administrative rules for the office of legislative services shall notif…

I. An agency may adopt a properly filed final proposed rule after: (a) The passage of 60 days from filing of a final proposal under RSA 541-A:12, I without receiving notice of action taken by the committee; (b) Receiving approval from the committee; (c) Written confirmation is se…

[Paragraph I effective until January 1, 2027; see also paragraph I set out below.] I. If an agency files a notice pursuant to RSA 541-A:6 to readopt existing rules, with or without amendments, the currently effective rules in the filing which would otherwise expire prior to the c…

I. The director of the division of administrative rules for the office of legislative services shall compile, index, and publish all effective rules adopted by each agency. The text of an effective adopted rule as filed with the director shall be the official version of the rule …

I. In addition to other rulemaking requirements imposed by law, each agency shall: (a) Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods by which the public may obtain information or make submissions or requ…

I. No rule shall be effective for a period of longer than 10 years except as extended pursuant to RSA 541-A:14-a, but the agency may adopt an identical rule under RSA 541-A:5 through RSA 541-A:14-a, in conformance with the drafting and procedure manual adopted under RSA 541-A:8. …

[Paragraph I effective until January 1, 2027; see also paragraph I set out below.] I. An agency may proceed to adopt an emergency rule if it finds either that an imminent peril to the public health or safety requires adoption of a rule with less notice than is required under RSA …

I. An agency may adopt as an interim rule any rule which amends an existing rule, repeals an existing rule, or creates a new rule, and which is designed solely to allow the agency to: (a) Conform with a new or amended codified state statute or chaptered session law, provided, how…

I. An agency may repeal any rules using the expedited procedures of this section and without meeting the requirements of RSA 541-A:5-7 and RSA 541-A:9-14 if: (a) The repeal is proposed by the official or the group of individuals with rulemaking authority; (b) The rule proposed fo…

An agency may adopt a form as defined in RSA 541-A:1, VII-a, either by incorporating the actual form by reference in a rule, or by setting forth the requirements of the form in rules, adopted according to the procedures in this chapter and in compliance with the drafting and proc…

I. An agency may make editorial changes to a previously adopted form without following the procedures required in RSA 541-A:19-b, in this section, or in RSA 541-A:3, but shall notify the division of administrative rules of any proposed editorial changes in accordance with the dra…

I. An agency may amend any existing rules which incorporate by reference documents or Internet content pursuant to RSA 541-A:12, III-VII by using the expedited procedures of this section, and without meeting the requirements of RSA 541-A:5 and RSA 541-A:6 and RSA 541-A:9 through …

I. There is hereby created a joint legislative committee to be known as the joint legislative committee on administrative rules. The committee shall be composed of 10 members of the general court and 10 alternates to be appointed for 2-year terms ending on the first Wednesday in …

After the enactment and before the effective date of any statute granting rulemaking authority, the agency to whom such authority is granted may initiate procedures to adopt such rules; provided that the effective date of the rule, under RSA 541-A:14, IV or RSA 541-A:19, X shall …

I. Provided that the relevant statute granting rulemaking authority for an existing rule is valid and in effect and requires the agency to adopt the rule, the agency to which such authority is granted shall act expeditiously to commence rulemaking pursuant to RSA 541-A to prevent…

I. Authority granted under the provisions of the following statutes shall be exempt from RSA 541-A: (a) RSA 230:53, relative to the use of limited access highway facilities. (b) RSA 236:1, II, relative to regulating, permanently or seasonally, the use of certain class I, II and I…

I. No agency rule, including a form, is valid or effective against any person or party, nor may it be enforced by the state for any purpose, until it has been filed as required in this chapter and has not expired. If an agency levied fines due to violation of an expired rule or a…

I. The following shall prevent a rule from taking effect: [Paragraph I(a) effective until January 1, 2027; see also paragraph I(a) set out below.] (a) Failure to file with the director of legislative services; [Paragraph I(a) effective January 1, 2027; see also paragraph I(a) set…

The validity or applicability of a rule, including the enforcement of an expired rule by an agency, may be determined in an action for declaratory judgment in the Merrimack county superior court if it is alleged that the rule, or its threatened application, interferes with or imp…

I. A state agency to which rulemaking authority has been granted, including those agencies, the rulemaking authority of which was granted prior to May 6, 1992, shall not mandate or assign any new, expanded, or modified programs or responsibilities to any political subdivision in …

Any state agency, when administering federal mandates, shall not mandate or assign to any political subdivision any new, expanded or modified programs or responsibilities additional to the federal mandate in such a way as to necessitate additional local expenditures by the politi…

Any new, expanded, or modified programs or responsibilities based upon a federal mandate and lawfully mandated or assigned to any political subdivision shall specifically state the federal statute and regulation requiring such new, expanded, or modified programs or responsibiliti…

The attorney general shall transmit a copy of every nonconfidential opinion relative to rulemaking or rulemaking authority issued by the attorney general or in the attorney general's name to the director of legislative services. The director shall publish such opinions in the rul…

In processing an application, petition, or request, in any matter other than rulemaking or a declaratory ruling, in which a response is specifically addressed to the applicant, petitioner, or requester, the agency shall: I. Within 30 days of receipt, examine the application, peti…

I. If an agency fails to take any required action on an application, petition, or request within the time limits prescribed by RSA 541-A:29 or any other provisions of law, the application, petition, or request shall be deemed approved and any permit, approval or other item reques…

Except for interim or emergency rules, an agency shall adopt a rule by: I. Filing a notice of the proposed rule under RSA 541-A:6, including a fiscal impact statement and a statement that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a; II.…

I. If an agency proposes a rule pursuant to RSA 541-A:3, 541-A:18, 541-A:19, 541-A:19-a, 541-A:19-c, or 541-A:19-d, the agency shall identify the specific section or sections of state statute or federal statutes or regulations which the rule is intended to implement in the notice…

No agency may propose or adopt a rule under RSA 541-A:3 or RSA 541-A:19 that incorporates by reference any code, rule, or document from another state government without specific authority in the authorizing legislation or specific legislative approval for such a rule.

I. If a timely and sufficient application has been made in accordance with agency rules for renewal of a license for any activity of a continuing nature that does not automatically expire by law, the existing license shall not expire until the agency has taken final action upon t…

I. Subject to paragraph V, each agency shall adopt rules pursuant to RSA 541-A governing the nature and requirement of all formal and informal procedures available in an adjudicative proceeding. II. The attorney general, in consultation with agencies that conduct adjudicative pro…

I. An agency shall commence an adjudicative proceeding if a matter has reached a stage at which it is considered a contested case or, if the matter is one for which a provision of law requires a hearing only upon the request of a party, upon the request of a party. II. (a) An age…

I. The presiding officer shall grant one or more petitions for intervention if: (a) The petition is submitted in writing to the presiding officer, with copies mailed to all parties named in the presiding officer's notice of the hearing, at least 3 days before the hearing; (b) The…

I. All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer. II. The rules of evidence shall not apply in adjudicative proceedings. Any oral or documentary evidence may be received; but the presiding officer may exclude …

If a majority of the officials of the agency who are to render the final decision in a contested case have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is…

A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a…

Unless required for the disposition of ex parte matters authorized by law, officials or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with an…

Except to the extent precluded by law, a person may waive any right conferred upon that person by this chapter.

Except to the extent precluded by law, informal settlement of matters by nonadjudicative processes is encouraged. This section does not require any party or other person to utilize informal procedures or to settle a matter pursuant to informal procedures.

I. In addition to any other requirements imposed by this chapter, each agency shall ensure written notice is provided to and afford all affected municipalities reasonable opportunity to submit data, views, or comments with respect to the issuance of a permit, license, or any acti…

Any interested person may petition an agency to adopt, amend, or repeal a rule. Within 30 days of receiving the petition, or 30 days after the next scheduled meeting of a board, commission, or group reviewing the petition, the agency shall determine whether to grant or deny the p…

I. To the extent necessary to avoid a denial of funds or services from the United States which would otherwise be available to the state, the governor may suspend, in whole or in part, one or more provisions of this chapter. When the governor determines that a suspension is no lo…

This chapter shall govern all agency rulemaking procedures, hearings, and appeals, except as specifically exempted by this chapter. Conflicts between this chapter and prior or existing statutes shall be resolved by following the stricter requirements.

[Paragraph I effective until January 1, 2027; see also paragraph I set out below.] I. The agency shall provide the legislative budget assistant with adequate details of the intended action and supporting data to enable the legislative budget assistant to prepare a fiscal impact s…

I. An agency shall provide notice of its intent to undertake rulemaking at least 20 days prior to holding the first public hearing, pursuant to RSA 541-A:11, I, on any proposed adoption, readoption, readoption with amendment, or repeal of a rule. The notice periods shall begin on…

Rules shall be written in a clear and coherent manner using words with common and everyday meanings for those persons who engage in the activities that are regulated by the rules, which may include technical language as necessary.

Each agency shall conform to the drafting and procedure manual for rules, including agency forms, developed by the director of the division of administrative rules for the office of legislative services, subject to amendment and final approval by the committee. The director may r…