N.H. Admin. Code § Hum 319.03 - Disposition of Petitions for Rulemaking

(a) The commission 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 commission shall grant the petition for rulemaking unless the adoption, amendment or repeal sought would result in:

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

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

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

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

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

(c) Within 30 days of receipt of a sufficient petition the commission 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 § Hum 319.03

(See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07