Section He-C 501.04 - Public Notice and Hearings(a) In accordance with RSA 318-B:1-a, III and V, a public hearing shall be held to obtain public comment from all interested parties when the commissioner wishes to: (1) Add, delete, or reschedule substances from the state schedule of controlled substances; or(2) Object to the inclusion, rescheduling, or deletion of a substance under federal law.(b) Notice of the public hearing shall be provided to the regulatory boards and professional organizations for all entities and professions as listed in RSA 318-B:1-a, III, for distribution to their registrants or members, including: (2) The board of medicine;(3) The board of veterinary medicine;(4) The board of podiatry;(5) The board of nursing;(6) The board of registration in optometry;(7) The board of dental examiners; and(8) Any other board or state agency, or professional entity or organization, as determined by the commissioner, that has an interest in the controlled substance schedule and would want to attend the public hearing.(c) Notice of the public hearing described in (b) above shall also be published in the rulemaking register.(d) The public hearing shall not be held earlier than 21 days after the publication of the notice in (b) above. (e) The notice described in (b) above shall include the following information for public hearings held pursuant to (a) (1) above: (1) The substance(s) to be scheduled, rescheduled, or deleted;(2) A brief explanation of the reasons(s) why the substance is to be scheduled, rescheduled, or deleted from the state schedule;(3) The time, place, and date of the hearing; and(4) The date of the deadline for submission of written comments.(f) The notice described in (b) above shall include the following information for public hearings held pursuant to (a) (2) above: (1) The substance(s) to be scheduled, or rescheduled, or deleted from the state schedule;(2) The current federal schedule of the substance or an indication that it is not currently scheduled on the federal controlled substance list;(3) A brief explanation of the reason(s) why the department is objecting to the federal scheduling of the substance or the inaction of the federal government to schedule a substance;(4) The time, place, and date of the hearing; and(5) The date of the deadline for submission of written comments.(g) Oral or written testimony regarding the proposed scheduling shall be taken at the public hearing by a department representative.(h) The public hearing shall be recorded.(i) All arguments for or against the proposed scheduling shall be taken into consideration by the commissioner during his/her review of the hearing recording and all written testimony prior to his/her final decision.(j) The commissioner shall publish his/her final decision as described in He-C 501.05.N.H. Admin. Code § He-C 501.04
#6743, eff 4-30-98; EXPIRED: 4-30-06
New. #8637, eff 5-26-06
Amended byVolume XXXIV Number 37, Filed September 11, 2014, Proposed by #10660, Effective 8/23/2014, Expires8/23/2024.