541-A:1 Definitions. – In this chapter: I. "Adjudicative proceeding" means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36. II. "Agency" means each state board, commission, department, institution, officer, or any other state official or group, other than the legislature or the courts, authorized by law […]
541-A:10 Filing of Proposed Rule Text; Establishing and Revising Text. – I. At the same time the notice required by RSA 541-A:6, I is filed, the agency shall file the text of the proposed rule with the director of legislative services. The text of each proposed rule filed shall encompass at least a full […]
541-A:11 Public Hearing and Comment. – I. (a) Each agency shall hold at least one public hearing on all proposed rules filed pursuant to RSA 541-A:3 and shall afford all interested persons reasonable opportunity to testify and to submit data, views, or arguments in writing or, if practicable for the agency, in electronic format, […]
541-A:12 Filing Final Proposal. – I. After fully considering public comment and any committee comments or comments by the office of the legislative services received pursuant to RSA 541-A:11, and any other relevant information, a quorum of the members of the agency or the agency official having rulemaking authority shall establish the text of […]
541-A:13 Review by the Joint Legislative Committee on Administrative Rules. – I. The committee shall either approve the rule or enter a conditional approval or objection under paragraph V within 60 days of the filing of a final proposal under RSA 541-A:12, I, unless the deadline is waived for good cause pursuant to RSA […]
541-A:14 Final Adoption. – I. An agency may adopt a properly filed final proposed rule after: (a) The passage of 45 days from filing of a final proposal under RSA 541-A:12, I, or 60 days from filing under RSA 541-A:12, I-a, without receiving notice of objection from the committee; (b) Receiving approval from the […]
541-A:14-a Extension of Currently Effective Rules Pending Readoption. – 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 completion of the readoption of the rules by the agency shall continue […]
541-A:15 Publication of Rules. – I. The director of legislative services shall compile, index, and publish, or require agencies to publish, all effective rules adopted by each agency. The text of an adopted rule as filed with the director and which is effective shall be the official version of the rule, unless or until […]
541-A:16 Rules; Filing Required. – 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 requests. (b) Adopt […]
541-A:17 Time Limit. – 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. II. Notwithstanding the […]
541-A:18 Emergency Rules. – 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 541-A:6 or that substantial fiscal harm to the state or its citizens could […]
541-A:19 Interim Rules. – 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, […]
541-A:19-a Expedited Repeal of Rules. – 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 proposed repeal has been approved by the official or the group of individuals with rulemaking authority. (b) The rule proposed […]
541-A:19-b Adoption of Forms. – An agency may adopt a form as defined in RSA 541-A:1, VII-a by incorporating the actual form by reference or by setting forth the requirements of the form in rules adopted according to the procedures in this chapter. Source. 2009, 232:4, eff. Jan. 1, 2010. 2011, 89:2, eff. July […]
541-A:19-c Revisions to Forms; Expedited Procedure. – 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. II. An agency may revise a form as defined in RSA 541-A:1, VII-a without meeting the requirements of RSA 541-A:5-7 […]
541-A:19-d Expedited Amendment to Incorporation by Reference. – 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 RSA 541-A:14 […]
541-A:2 Joint Legislative Committee on Administrative Rules. – 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 […]
541-A:20 Initiating Rulemaking Prior to Effective Date of Statutory Authority. – 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:20-a Initiating Rulemaking Prior to Expiration Date of Existing Rule; Expired Rule. – 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 […]
541-A:21 Exceptions. – 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 III highways by the posting […]
