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…

Upon the hearing the burden of proof shall be upon the party seeking to set aside any order or decision of the commission to show that the same is clearly unreasonable or unlawful, and all findings of the commission upon all questions of fact properly before it shall be deemed to…

I. All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed $475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 9:27, whiche…

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…

No new or additional evidence shall be introduced in the supreme court, but the case shall be determined upon the record and evidence transferred, except that in any case, if it shall be necessary in order that no party shall be deprived of any constitutional right, or if the cou…

[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 …

Upon receipt of such evidence, the commission shall consider the same and may alter, modify, amend, or rescind the order or decision appealed from, and shall report its action thereon to the court within said twenty days.

The adjudication by the board or the superior court on any claim before it shall not deprive the claimant of any other legal rights he may have against another party.

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…

Any payment made pursuant to this chapter shall be in full settlement of any liability on behalf of the agency which was subject to the claim and no further action may be instituted in any court of law for recovery of damages against that agency on any matter arising out of that …

If the commission shall rescind the order appealed from the appeal shall be dismissed; if it shall alter, modify, or amend the same such altered, modified, or amended order shall take the place of the original order complained of, and the court shall render judgment with referenc…

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. …

The board is authorized to establish reasonable fees not to exceed any comparable fees authorized for the superior court for the filing of claims, providing copies of the proceedings, transcripts or records or other documents which may be required by the board.

All evidence transferred by the commission shall be considered by the court regardless of any technical rule which might have rendered the same inadmissible if originally offered in the trial of an action at law.

No attorney representing a claimant shall charge or collect fees for legal services rendered to the claimant unless the fees have been approved by the board or the superior court, as the case may be. In determining the amount of allowable fees, the board or the superior court sha…

[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 …

No appeal or other proceedings taken from an order of the commission shall suspend the operation of such order; provided, that the supreme court may order a suspension of such order pending the determination of such appeal or other proceeding whenever, in the opinion of the court…

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…

Any order of the court suspending an order of the public utilities commission fixing rates, fares, charges, or prices shall, among other things, provide that the public utility affected by the order suspended shall keep such accounts as shall suffice to show the amount being coll…

I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, the provisions of this chapter shall not apply to: (a) Any claim which is based upon the exercise of a legislative or judicial function. (b) Any claim based upon an act or omission of …

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 …

There is hereby organized, constituted and established a 5 member board of claims for the state.

In this chapter: I. "Brand family" means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s" and includes any use of a …

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 …

In this chapter: I. "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. II. "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, o…

When so authorized by law, any order or decision of the commission may be the subject of a motion for rehearing or of an appeal in the manner prescribed by the following sections.

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 …

In any action in the superior court pursuant to this chapter there shall be a right to a jury trial and the action shall be tried to a justice of the superior court in the ordinary course.

Whenever there is occasion after final decision for the distribution of said excess, any violation on the part of any public utility, or of the officers or members thereof, of the order of the court providing for the repayment of said excess may be punished as a contempt of court…

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…

The provisions of this chapter shall not apply to appeals from the assessment of damages in eminent domain proceedings, but such appeals shall be taken and prosecuted as otherwise provided.

I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or…

I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or…

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…

No proceeding other than the appeal herein provided for shall be maintained in any court of this state to set aside, enjoin the enforcement of, or otherwise review or impeach any order of the commission, except as otherwise specifically provided.

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…