New Hampshire Code of Administrative Rules
Pes - Pesticide Control Board
Chapter Pes 200 - PROCEDURAL RULES
Part Pes 204 - RULEMAKING PETITIONS
Section Pes 204.03 - Action on Rulemaking Petition

Universal Citation: NH Admin Rules Pes 204.03

Current through Register No. 40, October 3, 2024

(a) Within 30 days after the submission of a rulemaking petition, the board shall either grant or deny the petition.

(b) The board shall:

(1) Notify the petitioner in writing of a decision to deny the petition with all the reasons for the denial clearly stated; or

(2) Notify the petitioner in writing of a decision to grant the petition, and commence rulemaking proceedings by requesting a fiscal impact statement pursuant to RSA 541-A:5 within 120 days of receipt of the petition and continuing the proceeding in accordance with the applicable provisions of RSA 541-A:3.

(c) Any denial shall be based upon a finding by the board that, among other things:

(1) The petition for rule or amendment or repeal of an existing rule would not be consistent with established standards for the control of pesticides by the board;

(2) The petition lacks rulemaking authority; or

(3) The petition is contrary to legislative intent.

#6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

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