541-A:22 Validity of Rules. – I. No agency rule 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. II. Rules shall be valid and binding on persons they affect, […]
541-A:23 Remedies for Procedural Failures. – I. The following shall prevent a rule from taking effect: (a) Failure to file with the director of legislative services; (b) Failure to file with the committee; (c) Failure to respond to an objection of the committee as required by RSA 541-A:13, V; or (d) Failure to receive […]
541-A:24 Declaratory Judgment on Validity or Applicability of Rules. – The validity or applicability of a rule 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 impairs, or threatens to interfere with or impair, […]
541-A:25 Unfunded State Mandates. – 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 such a way as to […]
541-A:26 Administration of Federal Mandates. – 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 political subdivision unless such programs or responsibilities […]
541-A:27 Notification of Federal Statute and Regulation. – 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 responsibilities. Source. 1994, 412:1, eff. Aug. 9, 1994.
541-A:28 Opinions of the Attorney General. – 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 rulemaking register. Source. 1994, 412:1. […]
541-A:29 Agency Action on Applications, Petitions and Requests. – 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, petition, or request, […]
541-A:29-a Failure of Agency to Act. – 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 requested […]
541-A:3 Procedure for Adoption of Rules. – 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; […]
541-A:3-a Specificity of Rules; Identification of State or Federal Law. – I. If an agency proposes a rule pursuant to RSA 541-A:3 or 541-A:19, the agency shall identify the specific section or sections of state or federal statutes or regulations which the rule is intended to implement in the notice required pursuant to RSA […]
541-A:3-b Restriction on Rules Incorporating Documents by Reference. – 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. Source. 2003, 137:1, […]
541-A:30 Agency Action Against Licensees. – 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 […]
541-A:30-a Rules for Adjudicative Proceedings. – 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 proceedings, and with the approval of the […]
541-A:31 Availability of Adjudicative Proceeding; Contested Cases; Notice, Hearing and Record. – 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 […]
541-A:32 Intervention. – 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 petition states facts […]
541-A:33 Evidence; Official Notice in Contested Cases. – 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 irrelevant, immaterial […]
541-A:34 Examination of Evidence by Agency. – 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 […]
541-A:35 Decisions and Orders. – 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 […]
541-A:36 Ex Parte Communications. – 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 any issue before […]
