N.H. Admin. Code § Fam 215.02 - Disposition of Petitions for Rulemaking

(a) The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision.

(b) The board shall grant the petition for rulemaking if the adoption, amendment or repeal sought would not result in:

(1) A rule that is not within the rulemaking authority of the board;

(2) Duplication of a rule or of a statutory provision;

(3) Inconsistency between the existing rules and the statutory mandate of the board;

(4) Inconsistency of administrative rules one with another; or

(5) Excessive burden upon the board in terms of cost or a reduction in efficiency or effectiveness.

(c) Within 30 days of receipt of a sufficient petition the board shall dispose of it in the following manner:

(1) By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

(2) By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

(d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

Notes

N.H. Admin. Code § Fam 215.02

#5609, eff 4-6-93, EXPIRED: 4-6-99

New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02

New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 213.02, see Revision Note at chapter heading for Fam 200)

The amended version of this section by New Hampshire Register Volume 38, Number 41, eff. 10/2/2018 is not yet available.