New Hampshire Revised Statutes 541-A:14 – Final Adoption
Current as of: 2023 | Check for updates
|
Other versions
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 N.H. Rev. Stat. § 541-A:12, I, or 60 days from filing under N.H. Rev. Stat. § 541-A:12, I-a, without receiving notice of objection from the committee;
(b) Receiving approval from the committee;
(c) Written confirmation is sent to the agency by committee legal counsel relative to agency compliance with the committee’s conditional approval pursuant to N.H. Rev. Stat. § 541-A:13, V(a);
(d) Passage of the 50-day period for committee review of the preliminary objection response, or revised objection response, if applicable, provided that the committee has not voted to sponsor a joint resolution pursuant to N.H. Rev. Stat. § 541-A:13, VII; or
(e) Final legislative action, as defined in N.H. Rev. Stat. § 541-A:1, VI-a, is taken on the joint resolution sponsored pursuant to N.H. Rev. Stat. § 541-A:13, VII(b) or the passage of the 90 consecutive calendar days specified by N.H. Rev. Stat. § 541-A:13, VII(c), whichever occurs first.
II. The text of the adopted rule shall be the same as the text of the final proposed rule submitted under N.H. Rev. Stat. § 541-A:12, unless revised by the agency in direct response to the committee’s written objection or as otherwise provided in N.H. Rev. Stat. § 541-A:13. The director of legislative services may refuse to accept for filing any final rule which contains changes, other than minor editorial changes, that are not specifically made in accordance with the procedures provided in N.H. Rev. Stat. § 541-A:13, II(b) or N.H. Rev. Stat. § 541-A:13, V. The agency shall identify each minor editorial change in writing to the director of legislative services.
III. The agency shall file with the director of legislative services all adopted rules and any related new or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which the rules incorporate by reference or whose requirements are set forth in the rules pursuant to N.H. Rev. Stat. § 541-A:19-b.
IV. Adopted rules shall become effective under N.H. Rev. Stat. § 541-A:16, III on the day after filing by the agency, or at a later date, provided that the agency so specifies in a letter to the director of legislative services, and further provided that the agency does not establish different effective dates for different provisions within the same rule. If the agency has specified a later effective date, the agency may modify the date by providing a statement to the director of legislative services which shall indicate the new effective date and all reasons for modifying the date. The statement shall be published by the director of legislative services in the rulemaking register. No modified effective date shall occur earlier than the date of publication in the rulemaking register. The director shall maintain a file of all currently effective rules, and each agency shall maintain a file of its own currently effective rules, both of which shall be open to the public.
(a) The passage of 60 days from filing of a final proposal under N.H. Rev. Stat. § 541-A:12, I, or 60 days from filing under N.H. Rev. Stat. § 541-A:12, I-a, without receiving notice of objection from the committee;
Terms Used In New Hampshire Revised Statutes 541-A:14
- Joint resolution: A legislative measure which requires the approval of both chambers.
(b) Receiving approval from the committee;
(c) Written confirmation is sent to the agency by committee legal counsel relative to agency compliance with the committee’s conditional approval pursuant to N.H. Rev. Stat. § 541-A:13, V(a);
(d) Passage of the 50-day period for committee review of the preliminary objection response, or revised objection response, if applicable, provided that the committee has not voted to sponsor a joint resolution pursuant to N.H. Rev. Stat. § 541-A:13, VII; or
(e) Final legislative action, as defined in N.H. Rev. Stat. § 541-A:1, VI-a, is taken on the joint resolution sponsored pursuant to N.H. Rev. Stat. § 541-A:13, VII(b) or the passage of the 90 consecutive calendar days specified by N.H. Rev. Stat. § 541-A:13, VII(c), whichever occurs first.
II. The text of the adopted rule shall be the same as the text of the final proposed rule submitted under N.H. Rev. Stat. § 541-A:12, unless revised by the agency in direct response to the committee’s written objection or as otherwise provided in N.H. Rev. Stat. § 541-A:13. The director of legislative services may refuse to accept for filing any final rule which contains changes, other than minor editorial changes, that are not specifically made in accordance with the procedures provided in N.H. Rev. Stat. § 541-A:13, II(b) or N.H. Rev. Stat. § 541-A:13, V. The agency shall identify each minor editorial change in writing to the director of legislative services.
III. The agency shall file with the director of legislative services all adopted rules and any related new or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which the rules incorporate by reference or whose requirements are set forth in the rules pursuant to N.H. Rev. Stat. § 541-A:19-b.
IV. Adopted rules shall become effective under N.H. Rev. Stat. § 541-A:16, III on the day after filing by the agency, or at a later date, provided that the agency so specifies in a letter to the director of legislative services, and further provided that the agency does not establish different effective dates for different provisions within the same rule. If the agency has specified a later effective date, the agency may modify the date by providing a statement to the director of legislative services which shall indicate the new effective date and all reasons for modifying the date. The statement shall be published by the director of legislative services in the rulemaking register. No modified effective date shall occur earlier than the date of publication in the rulemaking register. The director shall maintain a file of all currently effective rules, and each agency shall maintain a file of its own currently effective rules, both of which shall be open to the public.