New Hampshire Revised Statutes 541-A:18 – Emergency Rules
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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 N.H. Rev. Stat. § 541-A:6 or that substantial fiscal harm to the state or its citizens could occur if rules are not adopted with less notice than is required under N.H. Rev. Stat. § 541-A:6. The rule may be adopted without having been filed in proposed or final proposed form and may be adopted after whatever notice and hearing the agency finds to be practicable under the circumstances. The agency shall make reasonable efforts to ensure that emergency rules are made known to persons who may be affected by them.
II. Notwithstanding N.H. Rev. Stat. § 541-A:16, III, emergency rules adopted under this section shall not remain in effect for more than 180 days from the date and time of filing with the director of legislative services. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule, but it shall not adopt the same emergency rule when the emergency rule expires.
III. Emergency rules adopted under this section shall include:
(a) The name and address of the agency.
(b) The statutory authority for the rule.
(c) Whether the intended action is an adoption, amendment, or repeal.
(d) The rule number and title.
(e) A signed and dated statement by the adopting authority explaining the nature of the basis for the emergency rule, including an explanation of the effect upon the state if the emergency rule were not adopted.
(f) A listing of people, enterprises, and government agencies affected by the rule.
(g) The name, address, and telephone number of an individual in the agency able to answer questions on the emergency rule.
IV. Emergency rules adopted under this section shall not be adopted solely to avoid the time requirements of this chapter. The committee may petition the adopting agency to repeal the rule if it determines that the statement of emergency required by N.H. Rev. Stat. § 541-A:18, III(e) is inadequate and does not demonstrate that the rule is necessary to prevent an imminent peril to the public health or safety.
V. Effective rules which are amended or repealed by adoption of an emergency rule shall again be effective in their original form upon expiration of the emergency rule.
VI. An agency may repeal an emergency rule by filing a statement with the director of legislative services which includes:
(a) The name and address of the agency.
(b) The rule number and title.
(c) The effective date of the repeal.
(d) The name, address, and telephone number of an individual within the agency able to answer questions about the repeal.
(e) An explanation of why the rule is being repealed.
II. Notwithstanding N.H. Rev. Stat. § 541-A:16, III, emergency rules adopted under this section shall not remain in effect for more than 180 days from the date and time of filing with the director of legislative services. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule, but it shall not adopt the same emergency rule when the emergency rule expires.
Terms Used In New Hampshire Revised Statutes 541-A:18
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Emergency rules adopted under this section shall include:
(a) The name and address of the agency.
(b) The statutory authority for the rule.
(c) Whether the intended action is an adoption, amendment, or repeal.
(d) The rule number and title.
(e) A signed and dated statement by the adopting authority explaining the nature of the basis for the emergency rule, including an explanation of the effect upon the state if the emergency rule were not adopted.
(f) A listing of people, enterprises, and government agencies affected by the rule.
(g) The name, address, and telephone number of an individual in the agency able to answer questions on the emergency rule.
IV. Emergency rules adopted under this section shall not be adopted solely to avoid the time requirements of this chapter. The committee may petition the adopting agency to repeal the rule if it determines that the statement of emergency required by N.H. Rev. Stat. § 541-A:18, III(e) is inadequate and does not demonstrate that the rule is necessary to prevent an imminent peril to the public health or safety.
V. Effective rules which are amended or repealed by adoption of an emergency rule shall again be effective in their original form upon expiration of the emergency rule.
VI. An agency may repeal an emergency rule by filing a statement with the director of legislative services which includes:
(a) The name and address of the agency.
(b) The rule number and title.
(c) The effective date of the repeal.
(d) The name, address, and telephone number of an individual within the agency able to answer questions about the repeal.
(e) An explanation of why the rule is being repealed.