N.H. Admin. Code § Emp 208.01

Current through Register No. 50, December 12, 2024
Section Emp 208.01 - Petition for Adoption, Amendment or Repeal of Rules
(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.

N.H. Admin. Code § Emp 208.01

#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.