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2021 New Hampshire Revised Statutes
Title LV - Proceedings in Special Cases
Title 541-A - Administrative Procedure Act
Section 541-A:29 - Agency Action on Applications, Petitions and Requests.
Universal Citation: NH Rev Stat § 541-A:29 (2021)
541-A:29 Agency Action on Applications, Petitions and Requests. –
In processing an application, petition, or request, in any matter other than rulemaking or a declaratory ruling, in which a response is specifically addressed to the applicant, petitioner, or requester, the agency shall:
I. Within 30 days of receipt, examine the application, petition, or request, notify the applicant of any apparent errors or omissions, request any additional information that the agency is permitted by law to require, and notify the applicant of the name, official title, address, and telephone number of an agency official or employee who may be contacted regarding the application.
II. Within a reasonable time, not to exceed 60 days, after receipt of the application, petition or request, or of the response to a timely request made by the agency pursuant to paragraph I, the agency shall:
(a) Approve or deny the application, in whole or in part, on the basis of nonadjudicative processes, if disposition of the application by the use of these processes is not precluded by any provision of law; or
(b) Commence an adjudicative proceeding in accordance with this chapter.
III. If the time limits prescribed by this section conflict with specific time limits provided for by other provisions of law, the specific time limits provided for by such other provisions shall control.
IV. An agency may extend the time periods for review provided for in this section or in any other provision of law upon written agreement of the applicant.
In processing an application, petition, or request, in any matter other than rulemaking or a declaratory ruling, in which a response is specifically addressed to the applicant, petitioner, or requester, the agency shall:
I. Within 30 days of receipt, examine the application, petition, or request, notify the applicant of any apparent errors or omissions, request any additional information that the agency is permitted by law to require, and notify the applicant of the name, official title, address, and telephone number of an agency official or employee who may be contacted regarding the application.
II. Within a reasonable time, not to exceed 60 days, after receipt of the application, petition or request, or of the response to a timely request made by the agency pursuant to paragraph I, the agency shall:
(a) Approve or deny the application, in whole or in part, on the basis of nonadjudicative processes, if disposition of the application by the use of these processes is not precluded by any provision of law; or
(b) Commence an adjudicative proceeding in accordance with this chapter.
III. If the time limits prescribed by this section conflict with specific time limits provided for by other provisions of law, the specific time limits provided for by such other provisions shall control.
IV. An agency may extend the time periods for review provided for in this section or in any other provision of law upon written agreement of the applicant.
Source. 1994, 412:1, eff. Aug. 9, 1994. 2018, 279:6, eff. Jan. 1, 2019.
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