TITLE LV
PROCEEDINGS IN SPECIAL CASES

CHAPTER 541-A
ADMINISTRATIVE PROCEDURE ACT

Section 541-A:21

    541-A:21 Exceptions. –
I. Authority granted under the provisions of the following statutes shall be exempt from RSA 541-A:
(a) RSA 230:53, relative to the use of limited access highway facilities.
(b) RSA 236:1, II, relative to regulating, permanently or seasonally, the use of certain class I, II and III highways by the posting of traffic control stop signs, devices, and signals thereon.
(c) RSA 265:22, relative to painted marking of highways.
(d) RSA 265:62, relative to the establishment of state speed zones.
(e) RSA 265:71, relative to stopping, standing, or parking and the placing of signs relative thereto on certain highways.
(f) RSA 236:9, relative to excavation permits.
(g) RSA 236:13, relative to driveway permits.
(h) RSA 231:161, relative to licensing utility poles and appurtenances within public highways.
(i) RSA 266:18-c, V, relative to bridge weight limits.
(j) RSA 651-A:22, II, relative to credit for good conduct of prisoners.
(k) RSA 111, relative to the state guard.
(l) RSA 284:12, IV, relative to the sale of pari-mutuel pools as authorized under RSA 284:22 and RSA 284:22-a.
(m) RSA 237:5, II; 237:9; 237:17; 237:24, I; 237:34; and 237:40, relative to the establishment of toll rates for turnpikes.
(n) Except for rules adopted by the authority acting through the division of ports and harbors under RSA 12-G:42, X, which shall be subject to the provisions of RSA 541-A:3 through RSA 541-A:15, RSA 12-G, relative to the Pease development authority.
(o) [Repealed.]
(p) [Repealed.]
(q) RSA 374:8, relative to a uniform system of accounts for regulated utilities.
(r) RSA 21-P:27, II(a) and (b), relative to educational, training and evidentiary standards for fire service personnel and curriculum requirements for schools training fire service personnel.
(s) RSA 106-L:5, VI, relative to educational, training, and evidentiary standards and curriculum requirements for police and corrections personnel and courses and tuition students at such courses.
(t) RSA 260:65-b, relative to the multi-jurisdictional fuel tax agreement.
(u) RSA 162-A, relative to the business finance authority.
(v) Rules adopted under RSA 195-D, relative to the New Hampshire health and education facilities authority.
(w) RSA 485:16-b, II relative to limits on the concentration of methyl tertiary butyl ether in gasoline.
(x) RSA 204-C:53, relative to the housing finance authority.
(y) RSA 237:16-d, relative to the E-Z Pass Interagency Agreement for Operations.
(z) RSA 21-L:12-b, relative to bridge and highway construction requirements in AASHTO design standards and manuals.
(aa) RSA 21-H:8, III, relative to internal practices and procedures in the department of corrections.
(bb) RSA 170-B:18, VII, relative to background checks conducted as part of an adoption assessment, and RSA 170-E:29, II-a relative to background checks of prospective foster parents.
(cc) RSA 106-B:14, I-a, relative to the fee for criminal record checks of department of health and human services employees, service providers, and licensed and license-exempt child day care providers.
(dd) RSA 270:12, relative to boat operating restrictions.
(ee) RSA 155-A:10, V, relative to the amendments to the state building code and state fire code for the codes described in RSA 155-A:1, IV and IV-a.
(ff) RSA 153:5, I, relative to the adoption of the state fire code.
(gg) RSA 21-R:4, XX, relative to the telephony services manual developed by the department of information technology.

[Paragraph I(hh) effective as provided in 2014, 290:4.]


(hh) Rules relative to the state infrastructure bank established in RSA 21-L:19 through RSA 21-L:23 for transportation purposes.
(ii) [Repealed.]
(jj) RSA 162-S, relative to the extraterritorial financing powers of the business finance authority.
(kk) RSA 162-L, relative to the community development finance authority.
II. Rules adopted under RSA 394-A:7 prior to the effective date of the repeal of that chapter shall be exempt from committee review under RSA 541-A:13.
III. Rules adopted under RSA 161:4, VI, relative to rates of reimbursement to providers of medical services under the medical assistance program, shall be exempt from the requirements of RSA 541-A:5 through RSA 541-A:14.
III-a. Rules adopted relative to the budget adjustment factor contained within the Medicaid rate of reimbursement methodology for nursing facilities shall be exempt from the provisions of 541-A:5 through RSA 541-A:14 provided that the budget adjustment factor applied to the reimbursement methodology is equal to or less than 28.76 percent. If the budget adjustment factor to be applied to the reimbursement methodology is greater than 28.76 percent, the provisions of 541-A shall apply.
III-b. Rules adopted relative to the cost of living adjustment in social security benefits contained within the Social Services Block Grant program shall be exempt from the provisions of RSA 541-A:5 through RSA 541-A:14, provided that recipients receive proper notice that the income level has been adjusted.
IV. Rules adopted under RSA 125-F:5, IV and V, RSA 125-F:7, RSA 125-F:8, RSA 125-F:8-a, III, and RSA 125-F:22, III, to conform to 10 CFR and 21 CFR shall be exempt from the uniform system of numbering and drafting rules required by 1994, 412:52 and the drafting and numbering requirements of RSA 541-A:8. These rules shall be in compliance with RSA 541-A:7 if the wording is consistent with the language of the corresponding federal regulations.
V. Requirements on forms as specified in RSA 21-J:13-a shall be exempt from RSA 541-A.
VI. (a) Rules adopted under title XXXVII, relative to insurance regulation, shall be exempt from RSA 541-A:7 and RSA 541-A:8 and shall permit the use of terminology allowing for discretionary authority by the commissioner when:
(1) The wording is consistent with the language of corresponding National Association of Insurance Commissioners guidelines or models.
(2) The rule relates to technical instructions concerning the implementation of electronic or computerized programs or systems.
(3) The rule implements a federal benefit or program that requires the adoption of uniform language.
(b) As specified in RSA 400-A:15-d, forms adopted by the commissioner shall be exempt from RSA 541-A:7 and RSA 541-A:8.
VII. RSA 170-G:4, XVII, relative to the publication of rates for services, placements, and programs which are paid for by the department of health and human services pursuant to RSA 169-B:40, RSA 169-C:27, and RSA 169-D:29 shall be exempt from RSA 541-A.
VIII. Rules relative to the department of health and human services medical assistance program coverage criteria for medical services and items, adopted under either RSA 161:4-a, IX or other rulemaking authority of the commissioner of the department relative to the medical assistance program, shall be exempt from RSA 541-A:12, V and may incorporate by reference these criteria as Internet content without specifying a date or edition for the content incorporated. Amendments to these criteria shall be exempt from the requirements of RSA 541-A:5 through RSA 541-A:14.
IX. Rules of the department of transportation relating to the state bridge aid program or the state highway aid program, adopted under rulemaking authority of the commissioner of the department, shall be exempt from RSA 541-A:12, III and may incorporate by reference the department of transportation's Standard Specifications for Road and Bridge Construction, Highway Design Manual, and Bridge Design Manual without specifying a date or edition for the content incorporated, as provided in RSA 234:5, II and RSA 235:14, II.

Source. 1994, 412:1. 1995, 155:16; 179:2. 1996, 164:5; 292:39. 1997, 329:16. 1998, 207:9, IV. 1999, 253:17; 313:3. 2000, 166:5; 251:3. 2001, 247:4; 290:16. 2003, 242:19. 2005, 248:15, eff. Sept. 12, 2005. 2007, 60:2, eff. July 31, 2007; 240:1, eff. June 25, 2007; 263:175, II, eff. July 1, 2007; 325:6, eff. July 1, 2007. 2009, 144:130, eff. July 1, 2009. 2010, 93:1, eff. July 24, 2010; Sp. Sess., 1:73, 81, eff. June 10, 2010. 2011, 8:2, eff. June 24, 2011. 2012, 62:3, eff. July 13, 2012; 93:2, eff. July 28, 2012; 242:20, eff. June 18, 2012. 2013, 30:2, eff. May 16, 2013. 2014, 290:2, eff. as provided in 2014, 290:4. 2015, 176:2, eff. June 26, 2015; 272:51, eff. Oct. 1, 2015. 2016, 63:3, eff. July 4, 2016; 147:11, eff. July 1, 2016; 277:4, eff. June 17, 2016; 277:5, eff. July 1, 2017. 2017, 206:21, eff. Sept. 8, 2017. 2018, 331:15, eff. June 25, 2018. 2019, 299:2, eff. July 29, 2019; 346:217, eff. July 1, 2019. 2021, 91:405, eff. July 1, 2021.