New Hampshire Code of Administrative Rules
Emp - Commissioner, Department of Employment Security
Chapter Emp 200 - COMPLAINTS AND HEARING PROCEDURES
Part Emp 208 - RULEMAKING PETITIONS
Section Emp 208.01 - Petition for Adoption, Amendment or Repeal of Rules

Universal Citation: NH Admin Rules Emp 208.01

Current through Register No. 12, March 21, 2024

(a) Under the provisions of RSA 541-A:4, submission of a petition to adopt a rule, or to amend or repeal an existing rule, shall be made in writing to the commissioner, and contain the following information:

(1) The full name and address of the petitioner;

(2) The purpose of the petition such as adoption, amendment or repeal of a rule together with a detailed statement outlining the petitioner's request;

(3) Reference to the statute or statutes upon which the petition for adoption, amendment or repeal of a rule is requested; and

(4) A statement whether, to the best of the petitioner's knowledge, the issue which is the subject of the petition is:
a. The subject of an administrative appeal or pending in litigation; or

b. The subject of a decision which has become final.

(b) The commissioner shall, within 30 days after receipt of a petition under this rule, either deny the petition in writing, stating therein his reason for denial, or shall initiate rulemaking proceedings.

(c) Reasons for denial shall include:

(1) The adoption, amendment or repeal of the rule would conflict with a statute;

(2) The adoption, amendment or repeal of the rule would conflict with public policy;

(3) The adoption, amendment or repeal of the rule would change a long-term effect on the regulated public more appropriately changed by the legislature; or

(4) The adoption, amendment or repeal of the rule is deemed inappropriate for similar reasons.

#6565-B, eff 9-2-97 (formerly Emp 102.01 ), EXPIRED: 9-2-05

New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06

New. #8626-A eff 5-6-06; ss by #10055, eff 12-20-11 (formerly Emp 205.01 )

The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

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