N.H. Admin. Code § Gal 214.02

Current through Register No. 45, November 7, 2024
Section Gal 214.02 - Disposition of Petitions for Rulemaking
(a) The board shall request additional information or argument from the petitioner for rulemaking or from others if the board concludes that such additional information or argument is required to reach a decision.
(b) The board shall deny the petition for rulemaking if the board concludes that:
(1) The proposed adoption, amendment or repeal would potentially result in:
a. A rule that is not within the rulemaking authority of the board;
b. A rule that is contrary to law;
c. Duplication of a rule or of a statutory provision;
d. Inconsistency of administrative rules with one another;
e. A rule that is incapable of practical application or enforcement due to the absence of sufficient staff, funding or mechanisms of enforcement;
f. Excessive burden upon the board in terms of cost or a reduction in efficiency or effectiveness;
g. Excessive burden upon another agency or branch of government in terms of cost or a reduction in efficiency or effectiveness; or
h. A rule that would not effectively advance, or which would be contrary to, the purposes of RSA 490-C; or
(2) The petition does not meet the requirements of this part or RSA 541-A:4.
(c) Within 30 days of receipt of a sufficient petition the board shall dispose of it in the following manner:
(1) By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that the petition is denied and the reasons for its denial.
(d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

N.H. Admin. Code § Gal 214.02

#8940, eff 9-15-07