New Hampshire Revised Statutes 541-A:4 – Petition for Adoption of Rules
Current as of: 2023 | Check for updates
|
Other versions
I. 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 receiving the petition, the agency shall determine whether to grant or deny the petition and notify the petitioner. If the agency decides to deny the petition, the agency shall notify the petitioner of its decision in writing and shall state its reasons for denial. If the agency grants the petition, it shall notify the petitioner and commence the rulemaking proceeding by requesting a fiscal impact statement pursuant to N.H. Rev. Stat. § 541-A:5 within 120 days of receipt of the petition and continuing the proceeding as specified in N.H. Rev. Stat. § 541-A:3.
II. Notwithstanding paragraph I, if the committee petitions an agency to adopt, amend, or repeal a rule, and the agency does not notify the committee that rulemaking has commenced within one year of receiving the petition, or does not file a final proposal under N.H. Rev. Stat. § 541-A:12 within 2 years of receiving the petition, the committee may file legislation to repeal the agency’s rulemaking authority or otherwise amend the agency authority.
II. Notwithstanding paragraph I, if the committee petitions an agency to adopt, amend, or repeal a rule, and the agency does not notify the committee that rulemaking has commenced within one year of receiving the petition, or does not file a final proposal under N.H. Rev. Stat. § 541-A:12 within 2 years of receiving the petition, the committee may file legislation to repeal the agency’s rulemaking authority or otherwise amend the agency authority.
Terms Used In New Hampshire Revised Statutes 541-A:4
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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
- 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