N.H. Admin. Code § Plc 208.05

Current through Register No. 50, December 12, 2024
Section Plc 208.05 - Disposition of Petition for Rulemaking
(a) Within 30 days of the submission of a petition to adopt, readopt with amendments, or repeal a rule in title Plc, the executive director shall:
(1) Determine whether to grant or deny the petition; and
(2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.
(b) If the petition is submitted to a policy-autonomous board, then within 30 days after the first meeting of the board held after receipt of the petition, the board shall:
(1) Determine whether to grant or deny the petition; and
(2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.
(c) As required by RSA 541-A:4, I, if the petition is denied, the notice sent pursuant to (a)(2) or (b)(2), above, shall specify the reason(s) for the denial.
(d) If the petition is granted, the executive director or board shall commence a rulemaking as required by RSA 541-A:4, I.
(e) A denial shall be based upon a finding by the executive director or board that:
(1) The proposed action is not consistent with established standards of practice of the profession being regulated or the purpose and intent of the statute being implemented;
(2) The executive director or board lacks rulemaking authority over the issue(s) in the petition; or
(3) The proposed action is not in the best interests of affected persons or is contrary to legislative intent.

N.H. Admin. Code § Plc 208.05

Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12863, Effective 9/4/2019.
Amended by (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.
Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).