New Hampshire Revised Statutes 541-A:6 – Notice of Rulemaking Proceedings
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I. The agency shall give at least 20 days’ notice of its intent to hold a public hearing and shall also give notice of the cut-off date for the submission of written testimony pursuant to N.H. Rev. Stat. § 541-A:11, I, on any proposed adoption, readoption, readoption with amendment, or repeal of a rule. The notice periods shall begin on the day after the date of publication in the rulemaking register. The notice shall be in such form as the director of legislative services shall prescribe and 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, repeal, readoption, or readoption with amendment.
(d) The rule number and title.
(e) The date, time, and physical location, if applicable, of the first agency public hearing, the cut-off date for the submission of written materials to the agency and, if practicable for the agency, the format for submitting materials electronically.
(f) If existing rules are being readopted, or readopted with amendment, a concise summary of the existing rules and any proposed amendments, and if the proposed rules are being adopted, a concise summary of the proposed rules.
(g) A listing of people, enterprises, and government agencies affected by the rule.
(h) The name, mailing address, telephone number, and e-mail address of an individual in the agency able to answer questions on the proposed rule.
(i) The fiscal impact statement completed by the legislative budget assistant.
(j) A statement, with adequate details and supporting data, that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a.
(k) If the agency provides for a virtual or hybrid hearing consistent with N.H. Rev. Stat. Chapter 91-A and N.H. Rev. Stat. § 541-A:11, I(d), the necessary information for accessing the meeting electronically, and a mechanism for the public to alert the agency during the hearing if there are problems with access.
II. The director of legislative services may refuse to publish a notice if the director determines that the notice does not conform to the requirements of the drafting and procedure manual under N.H. Rev. Stat. § 541-A:8.
III. The agency shall send notice to the director of legislative services, to all persons regulated by the proposed rules who hold occupational licenses issued by the agency, and to all persons who have made timely request for advance notice of rulemaking proceedings. Upon request the agency shall send notice to the president of the senate, to the speaker of the house of representatives, and to the chairpersons of the legislative committees having jurisdiction over the subject matter. Notice shall be made not less than 20 days before the first agency public hearing required by N.H. Rev. Stat. § 541-A:11, I. Notice to occupational licensees shall be by U.S. Mail, electronically, agency bulletin or newsletter, public notice advertisement in a publication of daily statewide circulation, or in such other manner that is reasonably calculated to inform such licensees of the proposed rulemaking. The committee may identify additional methods of notifying occupational licensees that are deemed sufficient.
(a) The name and address of the agency.
Terms Used In New Hampshire Revised Statutes 541-A:6
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The statutory authority for the rule.
(c) Whether the intended action is an adoption, repeal, readoption, or readoption with amendment.
(d) The rule number and title.
(e) The date, time, and physical location, if applicable, of the first agency public hearing, the cut-off date for the submission of written materials to the agency and, if practicable for the agency, the format for submitting materials electronically.
(f) If existing rules are being readopted, or readopted with amendment, a concise summary of the existing rules and any proposed amendments, and if the proposed rules are being adopted, a concise summary of the proposed rules.
(g) A listing of people, enterprises, and government agencies affected by the rule.
(h) The name, mailing address, telephone number, and e-mail address of an individual in the agency able to answer questions on the proposed rule.
(i) The fiscal impact statement completed by the legislative budget assistant.
(j) A statement, with adequate details and supporting data, that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a.
(k) If the agency provides for a virtual or hybrid hearing consistent with N.H. Rev. Stat. Chapter 91-A and N.H. Rev. Stat. § 541-A:11, I(d), the necessary information for accessing the meeting electronically, and a mechanism for the public to alert the agency during the hearing if there are problems with access.
II. The director of legislative services may refuse to publish a notice if the director determines that the notice does not conform to the requirements of the drafting and procedure manual under N.H. Rev. Stat. § 541-A:8.
III. The agency shall send notice to the director of legislative services, to all persons regulated by the proposed rules who hold occupational licenses issued by the agency, and to all persons who have made timely request for advance notice of rulemaking proceedings. Upon request the agency shall send notice to the president of the senate, to the speaker of the house of representatives, and to the chairpersons of the legislative committees having jurisdiction over the subject matter. Notice shall be made not less than 20 days before the first agency public hearing required by N.H. Rev. Stat. § 541-A:11, I. Notice to occupational licensees shall be by U.S. Mail, electronically, agency bulletin or newsletter, public notice advertisement in a publication of daily statewide circulation, or in such other manner that is reasonably calculated to inform such licensees of the proposed rulemaking. The committee may identify additional methods of notifying occupational licensees that are deemed sufficient.