N.H. Admin. Code § Ec-Air 202.01

Current through Register No. 50, December 12, 2024

Section Ec-Air 202.01 - Rulemaking Petitions

(a) Any person may petition the council to adopt, amend, or repeal a council rule by submitting an original rulemaking petition and one copy in accordance with this section.

(b) Each rulemaking petition shall:

(1) Conform to the filing requirements of Ec-Air 201.01;

(2) Be clearly marked "Attention: Council Secretary" on the envelope;

(3) If the rulemaking petition is a petition to amend or repeal a rule, identify specifically the rule to be amended or repealed;

(4) If the rulemaking petition is a petition to adopt or amend a rule, contain a draft of the proposed rule or amendment;

(5) State generally the nature and effect of the proposed rule, amendment, or repeal; and

(6) State in detail the reason(s) why the proposed rule, amendment, or repeal will improve the accuracy, efficiency, or equity of the appeals process.

(c) A rulemaking petition may include exhibits, illustrations, sworn statements, and any other such information as the petitioner may deem relevant.

(d) At the council's first meeting held more than 30 days from the receipt by the council secretary of the rulemaking petition, the council shall either:

(1) Deny the rulemaking petition unless it concludes that:

a. The petition meets the requirements of paragraphs (a) and (b) above;

b. The requested action is within the jurisdiction of the council;

c. The requested action is consistent with statutory and case law;

d. The requested action would not result in a rule that is incapable of practical application or enforcement due to the absence of sufficient staff, funding, or mechanisms of enforcement; and

e. The requested action would likely improve the accuracy, efficiency, or equity of the appeals process; or

(2) Initiate rulemaking proceedings in accordance with RSA 541-A:4, I and notify the petitioner.

(e) If the council denies the rulemaking petition for failure to comply with the requirements of Ec-Air 202.01 (a) and (b) above, the council shall notify the petitioner of each such failure to comply. Denial of a rulemaking petition under this paragraph shall not prevent a petitioner from curing the identified defects and refiling the rulemaking petition.

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

N.H. Admin. Code § Ec-Air 202.01

Derived from Number 23, Filed June 8, 2023, Proposed by #13642, Effective 5/23/2023 (See Revision Note at chapter heading for Ec-Air 200).