New Hampshire Code of Administrative Rules
Adm - Commissioner, Department of Administrative Services
Chapter Adm 200 - PROCEDURAL RULES
Part Adm 212 - RULEMAKING
Section Adm 212.01 - Petitions for Rulemaking

Universal Citation: NH Admin Rules Adm 212.01

Current through Register No. 12, March 21, 2024

(a) Pursuant to RSA 541-A:4, any person may petition the commissioner to adopt, amend, or repeal a rule.

(b) The petition shall:

(1) Be in legible written form;

(2) Be addressed to the commissioner;

(3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301;

(4) Be signed and dated by the petitioner; and

(5) State at a minimum:
a. The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;

b. The purpose of the petition, whether the adoption, amendment or repeal of a rule;

c. If amendment or repeal of a rule is sought, the specific section numbers and the precise text of the existing rule or rules that the petitioner seeks to amend or delete;

d. If amendment or adoption of a rule is sought, the specific section number or numbers at issue, or the new section number or numbers proposed, and the precise new language proposed;

e. Reference to the statutory provision that authorizes or supports the rulemaking;

f. The reason or reasons that the petitioner believes that the amendment or repeal should be made or the proposed text adopted;

(c) Within 15 days of the receipt of a request for rulemaking, the commissioner shall notify the petitioner if the petition is incomplete or if additional information is required in order to reach a determination on the petition.

(d) If, within 15 days of the issuance of a notification under (c) above, the petitioner does not submit a completed petition or the information, if any, requested, the commissioner shall deny the petition.

(e) The commissioner shall respond to a completed petition within 30 days by either denying the petition in writing and stating the reasons for the denial or by initiating a rulemaking proceeding under RSA 541-A: 4.

(f) In accordance with the commissioner's duties and authority under RSA 21-I: 13, I; RSA 21-G: 9, II (b); RSA 541-A: 16, I (c) and RSA 21-G: 9, II (e), the petition shall be denied unless the commissioner concludes that:

(1) It is within the department's authority to take the action requested;

(2) The requested action is consistent with statutory and case law affecting the department; and

(3) The requested action would best implement the laws affecting the department or be desirable in order to fulfill the functions of the department in accordance with the law.

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

#8908, eff 9-22-07

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