New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 208 - RULEMAKING PETITIONS
Section Plc 208.05 - Disposition of Petition for Rulemaking

Universal Citation: NH Admin Rules Plc 208.05

Current through Register No. 12, March 21, 2024

(a) Within 30 days of the submission of a petition to the executive director, the executive director shall:

(1) Determine whether to grant or deny the petition; and

(2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.

(b) If the petition is submitted to a regulatory authority that is a supported board, commission, or council, then within 30 days after the first meeting of the regulatory authority held after receipt of the petition, the regulatory authority shall:

(1) Determine whether to grant or deny the petition; and

(2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.

(c) As required by RSA 541-A:4, I, if the petition is denied, the notice sent pursuant to (a)(2) or (b)(2), above, shall specify the reason(s) for the denial.

(d) If the petition is granted, the regulatory authority shall commence a rulemaking as required by RSA 541-A:4, I, reprinted in Appendix C.

(e) A denial shall be based upon a finding by the executive director or other regulatory authority, as applicable, that:

(1) The proposed action is not consistent with established standards of practice of the profession being regulated or the purpose and intent of the statute being implemented;

(2) The regulatory authority lacks rulemaking authority over the issue(s) in the petition; or

(3) The proposed action is not in the best interests of affected persons or is contrary to legislative intent.

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