2013 New Hampshire Revised Statutes
Title LV - PROCEEDINGS IN SPECIAL CASES
Chapter 541-A - ADMINISTRATIVE PROCEDURE ACT
Section 541-A:6 - Notice of Rulemaking Proceedings.

    541-A:6 Notice of Rulemaking Proceedings. –
    I. The agency shall give at least 20 days' notice of its intent to hold a public hearing and shall also give notice of the cut-off date for the submission of written testimony pursuant to RSA 541-A:11, I, on any proposed adoption, amendment, readoption, readoption with amendment, or repeal of a rule. The notice periods shall begin on the day after the date of publication in the rulemaking register. The notice shall be in such form as the director of legislative services shall prescribe and shall include:
       (a) The name and address of the agency.
       (b) The statutory authority for the rule.
       (c) Whether the intended action is an adoption, amendment, repeal, readoption, or readoption with amendment.
       (d) The rule number and title.
       (e) The date of the first agency public hearing and the cut-off date for the submission of written materials to the agency.
       (f) If existing rules are being amended, readopted, or readopted with amendment, a concise summary of the existing rules and any proposed amendments, and if the proposed rules are being adopted, a concise summary of the proposed rules.
       (g) A listing of people, enterprises, and government agencies affected by the rule.
       (h) The name, address, and telephone number of an individual in the agency able to answer questions on the proposed rule.
       (i) The fiscal impact statement completed by the legislative budget assistant.
       (j) A statement, with adequate details and supporting data, that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a.
    II. The director of legislative services may refuse to publish a notice if the director determines that there is significant noncompliance with the requirements of paragraph I. In this paragraph, "significant noncompliance'' means one or more errors of such magnitude that a reasonable person would not be able to discern what rules are the subject of the rulemaking proceeding and/or what the agency is proposing to do. The term includes the absence of elements required by paragraph I.
    III. The agency shall send notice to the director of legislative services, to all persons regulated by the proposed rules who hold occupational licenses issued by the agency, and to all persons who have made timely request for advance notice of rulemaking proceedings. Upon request the agency shall send notice to the president of the senate, to the speaker of the house of representatives, and to the chairpersons of the legislative committees having jurisdiction over the subject matter. Notice shall be made not less than 20 days before the first agency public hearing required by RSA 541-A:11, I. Notice to occupational licensees shall be by U.S. Mail, electronically, agency bulletin or newsletter, public notice advertisement in a publication of daily statewide circulation, or in such other manner that is reasonably calculated to inform such licensees of the proposed rulemaking. The committee may identify additional methods of notifying occupational licensees that are deemed sufficient.

Source. 1994, 412:1. 1998, 213:1. 2000, 288:7. 2006, 145:4, eff. July 21, 2006. 2011, 252:1, 2, eff. Sept. 11, 2011. 2012, 247:37, eff. Aug. 17, 2012.