PROCEEDINGS IN SPECIAL CASES
ADMINISTRATIVE PROCEDURE ACT
541-A:19-d Expedited Amendment to Incorporation by Reference.
I. An agency may amend any existing rules which incorporate by reference documents or Internet content pursuant to RSA 541-A:12, III-VII by using the expedited procedures of this section, and without meeting the requirements of RSA 541-A:5 and RSA 541-A:6 and RSA 541-A:9 through RSA 541-A:14 except as provided below, if:
(a) The proposed amendment has been approved by the official or the group of individuals with rulemaking authority.
(b) The proposed amendment only updates or changes the document or Internet content incorporated by reference, or amends related text, in the existing rule.
(c) The amended rule does not encompass more than a full rules section, as described in the drafting and procedure manual for administrative rules pursuant to RSA 541-A:8.
(d) The proposed amendment has no fiscal impact which would otherwise require a fiscal impact statement pursuant to RSA 541-A:5.
(e) The requirements of RSA 541-A:12, III-VII are met as they would be for final proposals as described in paragraph IV.
II. Notice of an agency's intent to amend a rule which incorporates by reference documents or Internet content shall include:
(a) The name and address of the agency.
(b) The statutory rulemaking authority for the rule.
(c) Whether the action is an amendment or readoption with amendment as described in the drafting and procedure manual for administrative rules pursuant to RSA 541-A:8.
(d) The rule number and title.
(e) A concise summary of the existing rule and the proposed amendment, and an explanation of the differences between the existing document or Internet content incorporated by reference and the document or Internet content in the amended rule.
(f) Identification of the state or federal statute or regulations which the rule is intended to implement pursuant to RSA 541-A:3-a.
(g) The deadline for receipt by the agency of written or electronic public comment, which shall be no sooner than the fourteenth calendar day after the date of publication of the notice in the rulemaking register.
(h) The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the amended rule.
III. The notice required by paragraph II shall be filed with the director of legislative services for publication in the rulemaking register.
IV. The agency shall file the amended rule with the notice filed pursuant to paragraph III, including an appendix pursuant to RSA 541-A:3-a, as described in the drafting and procedure manual for administrative rules pursuant to RSA 541-A:8. The agency shall also comply with RSA 541-A:12, III-VII as for filing final proposals, including filing of an incorporation by reference statement for each document or Internet content incorporated by reference.
V. Copies of the text of the amended rule shall be available to the public at the time the notice is filed, and a copy of the document or Internet content incorporated by reference shall also be available for inspection pursuant to RSA 541-A:12, VI.
VI. If on the basis of public comment the official or the group of individuals with rulemaking authority determines that the rule should not be amended by the expedited procedure, the agency shall so notify the director of legislative services and the rule shall not be amended under this section.
VII. The amended rule shall be placed on the agenda of the committee for review at the first regularly scheduled or special meeting at least 5 calendar days after the close of the period for written or electronic comment described in subparagraph II(g). The committee may approve, conditionally approve, or object to the amended rule pursuant to RSA 541-A:13, V-VII. The committee may object to the amended rule if the rule is:
(a) Beyond the authority of the agency;
(b) Contrary to the intent of the legislature;
(c) Deemed not to be in the public interest; or
(d) Deemed by the committee not to meet the requirements of paragraph I.
VIII. Subsequent review and adoption of the amended rule shall be as provided in RSA 541-A:13, V-VII and RSA 541-A:14 as for final proposed rules.
Source. 2015, 234:7, eff. Sept. 11, 2015.