N.H. Admin. Code § Csp 202.01

Current through Register No. 50, December 12, 2024

Section Csp 202.01 - Petition for Adoption, Amendment or Repeal of Rules

Any person, whose interests might be impacted by the commission's actions, policies, or rules, may petition the commission to adopt, amend, or repeal rules in accordance with the following procedures:

(a) The petitioner shall submit in writing a detailed request for rulemaking setting forth the proposed language of any rule to be adopted, amended, or repealed, stating which rule or rules, if any, are proposed to be amended or repealed, and describing the reasons for the proposed change;

(b) A petition for rulemaking shall be signed by the petitioner and shall contain the petitioner's address or an address to which correspondence may be sent;

(c) In the event the commission determines that a petition is incomplete, the commission shall return the petition to the petitioner within 7 days with a statement indicating the nature of the deficiencies;

(d) Petitions for rulemaking received at least 2 weeks prior to the next meeting of the commission shall be placed on the agenda for and considered at that meeting. Petitions received within 2 weeks of the next meeting of the commission shall be placed on the agenda if the commission will have adequate time to review the petition prior to the meeting. Notwithstanding the foregoing, any petition for rulemaking received by the commission shall be granted or denied within 30 days of its receipt;

(e) Petitions for rulemaking that are presented to the commission shall either be denied, if the commission shall determine that the petition for rulemaking does not propose rules that are necessary, desirable or both to achieve the purposes of the commission, or the commission shall initiate rulemaking proceedings in accordance with RSA 541-A:4;

(f) If a petition for rulemaking is denied, the commission shall state the reasons, and the commission shall provide the petitioner with a written statement of those reasons;

(g) If the commission decides to initiate rulemaking proceedings, the commission shall so inform the petitioner in writing; and

(h) In any rulemaking proceeding commenced by the filing of a petition, the commission shall amend, revise, delete or add to the proposal of the petitioner whenever the commission determines such amendment, deletion or addition is necessary or desirable to achieve the purposes of the commission.

N.H. Admin. Code § Csp 202.01

#7083, eff 8-26-99, EXPIRED: 8-26-07

New. #9584, eff 11-2-09