Title LV, Proceedings in Special Cases

I. Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after the effective date of this chapter shall do one of the following: (a) Become a participating…

I. Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a distributor, retailer or similar intermediary or intermediaries shall execute and deliver on a form prescribed by the attorney general a certification to the attorney gener…

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.…

Within 30 days after any order or decision has been made by the commission, any party to the action or proceeding before the commission, or any person directly affected thereby, may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered …

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…

I. Each board member except the legislative members shall serve a 6-year term. The 2 legislative members shall serve a term which is co-terminous with their terms as legislators; provided, however, that at the expiration of a term of 6 years, a legislative member may be reappoint…

I. Any non-resident or foreign non-participating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually …

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…

Such motion shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from any order or decision of the commission shall be taken unless the appellant shall have made application for rehearing as he…

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.

Upon the filing of such motion for rehearing, the commission shall within ten days either grant or deny the same, or suspend the order or decision complained of pending further consideration, and any order of suspension may be upon such terms and conditions as the commission may …

A board member may disqualify himself relative to any matter before the board or if the board votes that any member has or may have a conflict of interest in any matter before the board, that member shall be disqualified to sit as a board member on that particular matter. In the …

[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. Not later than 20 days after the end of each calendar quarter, and more frequently if so directed by the attorney general, each stamping agent shall submit such information as the attorney general requires to facilitate compliance with this section, including, but not limited …

The governor may at any time remove a board member for cause, including malfeasance, misfeasance, inefficiency in office or incapacity or unfitness to perform his duties. The attorney general or chief justice of the superior court may petition for such removal, setting forth the …

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…

I. In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that any person has violated RSA 541-D:3, III or any rule adopted pursuant thereto, the commissioner may revoke or suspend the license of any stamping agent in the manner prov…

Within thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the decision on such rehearing, the applicant may appeal by petition to the supreme court.

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.

Such petition shall state briefly the nature of the proceeding before the commission, and shall set forth the order or decision complained of, and the grounds upon which the same is claimed to be unlawful or unreasonable upon which the petitioner will rely in the supreme court.

A determination of the attorney general to not list or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by RSA 541.

Each non-legislative member shall not receive more than $65 and his reasonable expenses in each quarter; the legislative board members shall be entitled to legislative mileage only. Any interim board member appointed shall be compensated in like manner while serving on the board.

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…

Any person or corporation whose rights may be directly affected by said appeal may appear and become a party, or the court may order such persons and corporations to be joined as parties as justice may require.

In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney's fees.

A majority of the board shall constitute a quorum to conduct hearings and a vote of at least a majority of the quorum is required to adopt and approve any matter considered by it.

The attorney general shall adopt rules, pursuant to RSA 541-A, necessary to effect the purposes of this chapter.

I. Claims under this chapter shall be brought solely in accordance with the provisions of this chapter. II. The board shall have original and exclusive jurisdiction to investigate, conduct hearings and make decisions, and render or deny awards on all claims under this chapter not…

Upon the filing of an appeal, the clerk of court shall issue an order of notice requiring the commission to file with the court a certified copy of the record in the proceeding, together with such of the evidence introduced before or considered by the commission as may be specifi…

[Paragraph I effective until January 1, 2027; see also paragraph I set out below.] I. The director of legislative services shall publish directly online a weekly rulemaking register which shall contain: (a) Notice of intended rulemaking actions. (b) Notice of rules adopted under …

When a claim filed pursuant to this chapter is against both the state and an agent, official or employee of the state, the court shall determine whether the state is responsible for the actions of the agent, employee or official. If the court determines that the state is responsi…

A provision in any written contract to settle by arbitration a controversy thereafter arising out of such contract, or an agreement in writing to submit to arbitration any controversy existing at the time of the agreement to submit, shall be valid, irrevocable, and enforceable, s…

An appeal may be taken from an order confirming, modifying, correcting, or vacating an award, or from a judgment entered upon an award as in the case of appeals from the superior to the supreme court.