TABLE OF CONTENTS

CHAPTER 100 ORGANIZATIONAL RULES
PART 101 DEFINITIONS
Section 101.01 Committee
Section 101.02 Committee Legal Counsel
Section 101.03 Committee Staff
Section 101.04 Proposed Rule
PART 102 DESCRIPTION OF COMMITTEE
Section 102.01 Membership
Section 102.02 Role of Committee
Section 102.03 Powers and Duties
Section 102.04 Committee Meetings
Section 102.05 Notification of Attendance or Absence
Section 102.06 Designation of Alternates
Section 102.07 Committee Voting
Section 102.08 Committee Rules
Section 102.09 Committee Records
PART 103 DESCRIPTION OF COMMITTEE STAFF
Section 103.01 Committee Staff
Section 103.02 Head of Committee Staff
Section 103.03 Committee Legal Counsel
Section 103.04 Clerical Staff
CHAPTER 200 COMMITTEE STAFF PRACTICE AND PROCEDURES
PART 201 PROPOSED RULES AND EMERGENCY RULES
Section 201.01 Examining an Initial Proposal
Section 201.02 Examining a Final Proposal, , Proposed Interim Rule, Conditional Approval Request, Proposed Expedited Repeal, Proposed Expedited Revision to Agency Form, or Proposed Expedited Amendment to Incorporation by Reference
Section 201.03 Examining Conditionally-Approved Texts
Section 201.04 Examining a Response to Objection or Amended Response to Objection
Section 201.05 Examining an Emergency Rule
PART 202 COMMITTEE AGENDAS
Section 202.01 Preparation of a Tentative Agenda
Section 202.02 Consent Agenda-Final Proposals, Proposed Interim Rules, Objection Responses, Conditional Approval Requests, Proposed Expedited Repeals, Proposed Expedited Revisions to Agency Forms, or Proposed Expedited Amendments to Incorporation by Reference
Section 202.03 Consent Agenda-Consent Objections
PART 203 COMMITTEE STAFF CONTACT WITH AGENCIES, LEGISLATORS, AND THE PUBLIC
Section 203.01 Agency Staff
Section 203.02 Legislators and the Public
Section 203.03 Committee Staff Ethics
CHAPTER 300 COMMITTEE REVIEW OF PROPOSED RULES
PART 301 COMMITTEE MEETINGS
Section 301.01 Order of Items
Section 301.02 Testimony on Proposed Rules and Adopted Rules
Section 301.03 Acceptance of Agency Requests for Conditional Approval of a Final Proposal or Proposed Interim Rule
Section 301.04 Committee Staff
PART 302 APPROVALS AND CONDITIONAL APPROVALS
Section 302.01 Motions
Section 302.02 Vote on Motions
Section 302.03 Reconsideration of Approval or Conditional Approval
Section 302.04 Written Notice to Agency
Section 302.05 Access to Staff Memoranda and Other Documents
PART 303 OBJECTIONS
Section 303.01 Motion for Preliminary Objection
Section 303.02 Motion for Revised Objection
Section 303.03 Vote on Motions for Preliminary, Revised, or Final Objections
Section 303.04 Reconsideration of Preliminary, Revised, or Final Objections
Section 303.05 Written Notice to Agency
Section 303.06 Agency Action
Section 303.07 Committee Action on Objection Responses
PART 304 JOINT RESOLUTION
Section 304.01 Motion on Joint Resolution
Section 304.02 Effect of a Vote to Support the Introduction of a Joint Resolution
Section 304.03 Reconsideration of Vote to Support the Introduction of a Joint Resolution
Section 304.04 Written Notice to Agency
Section 304.05 Introduction of a Joint Resolution
PART 305 REQUEST FOR WAIVER OF COMMITTEE DEADLINES
Section 305.01 Who May Make Requests
Section 305.02 Good Cause for a Waiver Request
Section 305.03 Vote on Motions
Section 305.04 Agency Notification
CHAPTER 400 CRITERIA FOR REVIEW OF PROPOSED RULES
PART 401 RULES BEYOND AGENCY AUTHORITY
Section 401.01 Specific Delegation
Section 401.02 Broad Delegation
Section 401.03 Incorrect Citation
Section 401.04 No Authority for Constitutional Violations
Section 401.05 Specific Authority Needed
PART 402 RULES CONTRARY TO LEGISLATIVE INTENT
Section 402.01 Violation of Statutory Purpose
Section 402.02 Violation of a Specific Statute or Regulation
Section 402.03 Matters Requiring Statutory Authority
Section 402.04 Violation of a Constitutional Provision
PART 403 RULES CONTRARY TO PUBLIC INTEREST
Section 403.01 Responsiveness
Section 403.02 Uniform Application
Section 403.03 Matter More Properly Addressed by Statute
PART 404 ECONOMIC IMPACT OF RULES
Section 404.01 Economic Impact Not Recognized in Fiscal Impact Statement

RULES FOR THE JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
CHAPTER 100 ORGANIZATIONAL RULES
PART 101 DEFINITIONS
101.01 "Committee" means the Joint Legislative Committee on Administrative Rules established by RSA 541-A:2, I.
Source. Committee meeting, 11-15-83; 7-15-94; 11-13-98
101.02 "Committee legal counsel" means the Committee attorneys in the Division of Administrative Rules who have been specially designated by the Director of Legislative Services pursuant to RSA 541-A:2, II, to assist the Committee in the review of state agency administrative rules and other tasks as necessary to carry out the role of the Division of Administrative Rules in the rulemaking process.
Source. Committee meeting, 11-13-98; 11-17-00
101.03 "Committee staff" means the Division of Administrative Rules in the Office of Legislative Services.
Source. Committee meeting, 11-15-83; 11-13-98
101.04 "Proposed rule" means a rulemaking proposal filed by an agency pursuant to RSA 541-A:5-13, RSA 541-A:19, RSA 541-A:19-a, RSA 541-A:19-c, or RSA 541-A:19-d, at any step of the rulemaking process prior to final adoption. The term includes an initial proposal, final proposal, , proposed interim rule, , conditional approval request, proposed expedited repeal, proposed expedited revision to agency form, proposed expedited amendment to incorporation by reference, conditional approval explanation, and responses to Committee objections.
Source. Committee meeting, 9-21-01; 11-19-20
PART 102 DESCRIPTION OF COMMITTEE
102.01 Membership. The Committee is composed of 10 members, and 4 alternate members, as appointed under RSA 541-A:2, I. The members are appointed for 2-year terms ending on the first Wednesday in December of even-numbered years. The Committee shall elect a Chairperson and Vice Chairperson at the first organizational meeting, which shall be held as soon as possible after the new members are appointed.
Source. Committee meeting, 11-15-83; 3-20-92; 7-15-94;
11-17-00
102.02 Role of Committee. The Committee shall conduct an ongoing review of administrative rulemaking. The Committee's primary concern shall be to ensure agency rules are consistent with the specific criteria in RSA 541-A:13, IV, RSA 541-A:19, IV, RSA 541-A:19-a, VII, RSA 541-A:19-c. VI, or RSA 541-A:19-d, VII, as appropriate.
Source. Committee meeting, 11-15-83; 3-20-92; 7-15-94; 11-13-98; 11-19-20
102.03 Powers and Duties.
(a) The Committee's primary statutory duty is to review both the proposed and the previously adopted rules of state agencies.
(b) Review of proposed rules is carried out as follows:
(1) The Committee may review proposed rules beginning from the date the notice of the initial proposal is published in the New Hampshire Rulemaking Register (Register) or, in the case of proposed interim rules, the date the proposed rule is filed. The Committee staff shall, upon request, distribute copies of the Register to the Committee and copies of the initial proposals or proposed interim rules to a Committee member.
(2) Committee members or Committee staff may attend agency hearings on the proposed rule.
(3) After the agency has considered all public oral, written, and electronic comment and Committee legal counsel comment submitted pursuant to RSA 541-A:11 regarding the initial proposal and filed a final proposal, the Committee has 60 days under RSA 541-A:12, I, to approve, conditionally approve, or object to the final proposal under RSA 541-A:13.
(4) The Committee shall review agency requests for conditional approval, including those received to respond to Committee legal counsel comments as specified in RSA 541-A:13, II (b) for final proposals and RSA 541-A:19, VIII(a) for proposed interim rules.
(5) During the 60-day Committee review period for a final proposal, unless the period is waived, the Committee shall hold at least one Committee meeting, and the Committee and Committee staff may consult with representatives of the adopting agency or with any other interested parties.
(6) The Committee shall review responses to objections to final proposals, amended responses to objections, and requests for revised objections pursuant to RSA 541-A:13, V through VII.
(7) The Committee shall review proposed interim rules pursuant to RSA 541-A:19.
(8) The committee shall review proposed expedited repeals, proposed expedited revisions to forms, and proposed expedited amendments to incorporation by reference pursuant to RSA 541-A:19-a, RSA 541-A:19-c, and RSA 541-A:19-d.
(9) Committee staff shall assist the Committee under this paragraph as described in Part 103, Chapter 200, and rule 301.03 of the Committee's rules.
(c) Review of previously adopted rules is carried out as follows:
(1) The Committee may vote to hold a public hearing on any previously adopted rule, but has no authority to object to the rule under RSA 541-A:13, which applies only to a proposed rule.
(2) The Committee may also petition any agency for action on a rule under RSA 541-A:4, which grants the agency 30 days after receipt of the petition, or 30 days after the next scheduled meeting of the board, commission, or group receiving the petition, in which to respond to the petition in writing. If the agency denies the Committee petition, the Committee may vote to hold a further public hearing or hearings on the reasons for the agency's denial.
(3) The Committee shall review emergency rules to determine if a genuine emergency exists. The Committee shall also examine each emergency rule to determine if a permanent rule is necessary once the emergency rule expires.
(4) Committee staff shall assist the Committee under this paragraph as described in Part 103, Chapter 200, and rule 301.03 of the Committee's rules.
(d) The Committee shall respond to a written request from any person concerning any proposed or adopted rule. Such request shall be addressed to the Chairperson or any member of the Committee.
(e) In addition to reviewing proposed and adopted rules, the Committee pursuant to RSA 541-A:2, IV may petition an agency to adopt a rule if the agency has not exercised its rulemaking authority in a specific area.
(f) The Committee may make recommendations pursuant to RSA 541-A:2, IV to the full Legislature or to standing committees for legislation to clarify or repeal any statutory passage delegating rulemaking authority. It may also recommend legislation to supersede a part or whole of any rule, including, but not limited to, rules adopted over the Committee's objection. Pursuant to RSA 541-A:4, II, the Committee itself may file legislation to repeal or amend an agency's rulemaking authority.
Source. Committee meeting, 11-15-83; 6-21-85; 9-3-87; 3-20-92; 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
102.04 Committee Meetings.
(a) The Committee is required pursuant to RSA 541-A:2, II to meet at least once a month, and more often as necessary. The regular monthly meeting shall be on the third Friday of every month unless the date is changed by prior approval of the Committee. Other meetings shall be called by the Chairperson, or in the Chairperson's absence, by the Vice-Chairperson. A schedule of meetings and agendas shall be available for public inspection during regular working hours or posted online on the website of the Office of Legislative Services, Administrative Rules, at:
Office of Legislative Services
Administrative Rules
State House Annex, Room 219
25 Capitol Street
Concord, NH 03301-6312
www.gencourt.state.nh.us/rules
(b) Committee meetings shall be held in-person in the Legislative Office Building, unless otherwise announced. Meetings shall be held remotely, with opportunity for remote participation by members, agencies, and the public, at the direction of the Chairperson or, in the Chairperson's absence, the Vice-Chairperson, if in compliance with RSA 91-A. Notice of meetings and remote access instructions shall be given in the Register, the House and Senate Calendars, and on the website of the Office of Legislative Services, Administrative Rules.
(c) The Committee shall give at least 7 days' notice of any public hearing in the Register and on the website of the Office of Legislative Services, Administrative Rules. Under RSA 541-A:2, IV, the Committee may schedule a hearing on any proposed or adopted rule.
(d) Under RSA 541-A:2, II, 6 members constitute a quorum of the Committee.
(e) All meetings of the Committee shall be transcribed verbatim by the staff of the Legislative Budget Assistant's Office or by persons with whom the Legislative Budget Assistant has contracted to provide transcription services.
(f) All meetings shall be open to the public, unless the Committee votes to meet in non-public session under RSA 91-A:3, I.
(g) Committee staff shall prepare an agenda for each meeting in consultation with the Chairperson or Vice-Chairperson as described in Committee rule 202.
(h) The agenda for each regularly scheduled monthly meeting shall include:
(1) All final proposals and proposed interim rules filed at least 21 days prior to the meeting pursuant to RSA 541-A:12, I and RSA 541-A:19, V, unless the deadline is waived pursuant to RSA 541-A:40, IV
(2) All conditional approval requests filed by agencies for final proposals or proposed interim rules pursuant to RSA 541-A:13, II(b) and RSA 541-A:19, VIII(a), respectively;
(3) All responses to preliminary objections, amended responses to preliminary objections filed in accordance with RSA 541-A:13, V(d), revised objections, and petitions made in prior meetings and awaiting Committee action; and
(4) All other correspondence to the Committee.
Source. Committee meeting, 11-15-83; 2-15-85; 6-21-85; 7-17-87; 3-20-92; 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
102.05 Notification of Attendance or Absence. Committee staff shall send an attendance sheet for an upcoming Committee meeting in writing or electronically by fax or e-mail to each Committee member. Committee members shall notify the Committee staff at least 7 days prior to a Committee meeting of attendance at the meeting or any absence from all or a portion of the Committee meeting. However, if such absence is due to illness or other reason beyond the control of the Committee member, the member shall notify the Committee staff as soon as is practicable. Such notification of attendance or absence by Committee members shall be made directly to the Committee staff orally in person or by telephone, in writing, or electronically by fax or e-mail. Upon receiving notification of an absence, the Committee staff shall inform the Chairperson of such absence.
Source. Committee meeting, 11-15-91; 3-20-92; 11-13-98; 9-21-01
102.06 Designation of Alternates.
(a) Following notification to the Chairperson regarding the Committee member's absence, the Chairperson shall designate an alternate member to serve in the place of the absent member, pursuant to RSA 541-A:2, I, regardless of the number of other senators or representatives who attend the meeting.
(b) When the Chairperson designates an alternate member pursuant to (a), above, the designation of the alternate shall be in the order of priority set forth below:
(1) An alternate from the same chamber and political party as the absent member shall be designated, if available;
(2) An alternate from the same chamber but from a different political party as the absent member shall be designated, if available;
(3) An alternate from a different chamber but from the same political party as the absent member shall be designated, if available; or
(4) If no alternate from the same chamber or from the same party is available, then any available alternate shall be designated.
(c) Upon the designation of the alternate member to serve in the place of an absent member, the Chairperson shall notify the alternate member and Committee staff of such designation.
Source. Committee meeting, 11-15-91; 7-15-94; 11-13-98
102.07 Committee Voting. Unless otherwise specified, a majority of the votes cast, a quorum being present, shall be required to decide the question or to take official action on any matter.
Source. Committee meeting, 11-15-83; 9-21-01
102.08 Committee Rules. The Committee is required to adopt rules under RSA 541-A:2, II. The Committee rules may be amended or suspended by a minimum of 6 affirmative votes.
Source. Committee meeting, 11-15-83; 7-15-94; 9-21-01
102.09 Committee Records. All Committee records, including transcripts of meetings, shall be available for public inspection during regular working hours or online on the website of the Office of Legislative Services, Administrative Rules, at
Office of Legislative Services
Administrative Rules
State House Annex, Room 219
25 Capitol Street
Concord, NH 03301-6312
www.gencourt.state.nh.us/rules
Source. Committee meeting, 11-15-83; 11-13-98; 11-17-00; 11-19-20
PART 103 DESCRIPTION OF COMMITTEE STAFF
103.01 Committee Staff. The Committee staff which the Committee may use pursuant to RSA 541-A:2, II consists of the Administrative Rules Director, Committee legal counsel, and clerical support staff in the Division of Administrative Rules in the Office of Legislative Services. The Committee staff's functions and responsibilities shall be as described in this part.
Source. Committee meeting, 11-13-98; 11-17-00
103.02 Administrative Rules Director.
(a) The Administrative Rules Director of the Office of Legislative Services functions as the head of Committee staff.
(b) The responsibilities as head of Committee staff include:
(1) Providing legal advice to the Committee on rulemaking issues if the Administrative Rules Director is an attorney licensed in New Hampshire;
(2) Managing, supervising, and coordinating all Committee staff functions for the Committee, including clerical staff and the Committee legal counsel;
(3) Consulting with the Chairperson and Vice-Chairperson on matters relative to the Division's role as Committee staff;
(4) Providing oral and written information and assistance to legislators, agencies, and the public on Committee legal counsel review of proposed rules and other matters within the Committee's jurisdiction;
(5) Reviewing all proposed written comments, memoranda, and letters prepared by the Committee legal counsel relative to proposed or adopted rules;
(6) Receiving and reviewing correspondence from agencies, legislators, and the public relative to matters within the Committee's jurisdiction;
(7) Submitting notice to the Register of all regular and special Committee meetings and of all final proposals and proposed interim rules to be reviewed at those meetings;
(8) Preparing the tentative agenda and summary minutes of Committee meetings;
(9) Attending Committee meetings to assist the Chairperson and Committee members as needed;
(10) Assisting the Committee legal counsel as necessary in review of proposed rules and emergency rules;
(11) Reviewing rulemaking related legislation as requested by the Committee;
(12) Assisting the Committee in reviewing adopted rules as requested, including rules for which a special Committee hearing is held pursuant to RSA 541-A:2, III;
(13) Assisting the Committee in its duties pursuant to RSA 541-A:2, IV, including, but not limited to, review of rulemaking authority which has not been used, making improvements to rulemaking statutes and the rulemaking process, and drafting and review of amendments to the New Hampshire Drafting and Procedure Manual for Administrative Rules (Drafting and Procedure Manual) ; and
(14) Assisting Committee members on any other matters within the Committee's jurisdiction.
Source. Committee meeting, 11-13-98; 11-17-00; 9-21-01
103.03 Committee Legal Counsel.
(a) Pursuant to RSA 541-A:2, II, the Committee attorneys in the Division of Administrative Rules function as the Committee's legal counsel.
(b) The responsibilities of Committee legal counsel include:
(1) Reviewing proposed rules, conditional approval requests, and emergency rules on behalf of the Committee to determine if there are any potential bases for Committee objections, petitions, and other actions pursuant to RSA 541-A and Chapter 200 of the Committee's rules;
(2) Distributing comments and memoranda to agencies at the Committee's discretion pursuant to Chapter 200 of the Committee's rules;
(3) Attending Committee meetings to present testimony and legal advice to the Committee relative to proposed or existing rules;
(4) Preparing letters to agencies on behalf of the Committee relative to Committee actions, including objections, joint resolutions, petitions, and recommendations;
(5) Assisting the Committee in reviewing adopted rules as requested, including rules for which a special Committee hearing is held pursuant to RSA 541-A:2, III;
(6) Assisting the Committee in its duties pursuant to RSA 541-A:2, IV, including, but not limited to, review of rulemaking authority which has not been used, improvements to rulemaking statutes and the rulemaking process, and amendments to the Drafting and Procedure Manual;
(7) Responding to questions on rulemaking issues and the rulemaking process from legislators, agencies, and the public; and
(8) Assisting Committee members on any other matters within the Committee's jurisdiction.
Source. Committee meeting, 11-13-98; 11-17-00; 9-21-01; 11-19-20
103.04 Clerical Staff.
(a) The support staff in the Division of Administrative Rules functions as clerical staff to the Committee.
(b) The responsibilities of clerical staff include:
(1) Receiving, copying, and mailing all correspondence to and from the Committee;
(2) Maintaining files of all Committee correspondence and Committee legal counsel comments on proposed rules and emergency rules;
(3) Responding to questions from legislators, agencies, and the public on Committee actions and Committee meetings;
(4) Maintaining an electronic record of all Committee actions on proposed rules;
(5) Notifying Committee members of regular and special Committee meetings;
(6) Preparing and mailing electronically copies to agencies of Committee staff work pursuant to Chapter 200 of the Committee's rules;
(7) Preparing individual packets of materials, including Committee legal counsel work and all related correspondence to be reviewed by the Committee, and posting online for Committee members attending a Committee meeting;
(8) Maintaining Committee meeting files, including material reviewed and transcripts of Committee meetings made by the Office of Legislative Budget Assistant; and;
(9) Other clerical duties relative to Committee staff work.
Source. Committee meeting, 11-13-98; 11-17-00; 9-21-01; 11-19-20
CHAPTER 200 COMMITTEE STAFF PRACTICE AND PROCEDURES
PART 201 PROPOSED RULES, RESPONSES TO OBJECTIONS, AND EMERGENCY RULES
201.01 Examining an Initial Proposal.
(a) As soon as possible after the rulemaking notice is published, the Committee legal counsel shall examine the initial proposal, including the rulemaking notice, and notify the agency if there are any potential problems which might serve as grounds for an objection by the Committee pursuant to RSA 541-A:13, IV as further explained by Chapter 400 Criteria for Review of Proposed Rules.
(b) As time allows, the Committee legal counsel shall annotate the rule text, noting potential problems, and shall send a copy to the agency and to the Department of Justice. The Committee staff shall also notify the agency if it finds no potential problems.
(c) The Committee legal counsel shall note cases of noncompliance with the Drafting and Procedure Manual required by RSA 541-A:8 and approved by the Committee.
(d) The Committee legal counsel shall provide all annotations and other comment on initial proposals to the Committee upon request.
Source. Committee meeting, 11-13-98; 11-17-00; 9-21-01
201.02 Examining a Final Proposal, , Proposed Interim Rule, , Conditional Approval Request, Proposed Expedited Repeal, Proposed Expedited Revision to Agency Form, or Proposed Expedited Amendment to Incorporation by Reference .
(a) "Editorial change" means a change to a proposed or adopted rule that does not change the meaning of the rule or select one available interpretation over another. These changes include, but are not limited to, issues of spelling, grammar, punctuation, and numbering.
(b) After the Director of Legislative Services has accepted a final proposal for filing as apparently complete, and Committee staff has placed it on the agenda for a Committee meeting pursuant to RSA
541-A:12, I,), the Committee legal counsel shall examine the final proposal to see if there are any potential problems which might serve as grounds for an objection pursuant to RSA 541-A:13, IV.
(c) The Committee legal counsel shall rely on the fixed text of the final proposal pursuant to RSA 541-A:12, II(b) as the intended text of the final proposed rule.
(d) If there is any amendment to the date or edition of a document or Internet content incorporated by reference in the proposed rule in comparison with the existing rule, the Committee legal counsel shall request the agency to provide an authorized explanation of the differences between the existing document or Internet content and the document or Internet content in the proposed rule. The authorized explanation may be a narrative or a side-by-side comparison but shall identify any substantive changes in the document or Internet content incorporated by reference. The Committee staff shall distribute this explanation to the Committee upon receipt from the agency.
(e) After the Director of Legislative Services has accepted a proposed interim rule for filing as apparently complete, and placed it on the agenda for a Committee meeting pursuant to RSA 541-A:19, V, or RSA 541-A:19, VIII(a), the Committee legal counsel shall examine the proposed interim rule to see if there are any potential problems which might serve as grounds for an objection pursuant to RSA 541-A:19, VII.
(f) The Committee legal counsel shall examine a conditional approval request for a final proposal or proposed interim rule, if submitted by deadline pursuant to RSA 541-A:13, II(b) or RSA 541-A:19, VIII(a), respectively, in the same manner as for a final proposal or proposed interim rule. If the deadline is waived, the request shall be examined as time allows.
(g) The Committee legal counsel shall prepare an annotated copy of the final proposal, proposed interim rule, or, as time allows,conditional approval request, for the Committee outlining any potential problems. A copy of the fiscal impact statement shall be included for all final proposals. Committee staff shall send a copy of the annotated final proposal, proposed interim rule, or, if time allows conditional approval request, to the agency. The Committee staff shall also notify the agency if there are no potential problems with the final proposal , proposed interim rule, or conditional approval request and shall present a copy of the final proposal, , proposed interim rule, or conditional approval request to the Committee.
(h) If all of the issues addressed in the annotated copy of the final proposal, proposed interim rule or conditional approval request would involve only editorial changes and therefore can be made without a Committee objection to the final proposal or proposed interim rule, or a new rulemaking proceeding pursuant to RSA 541-A, then the Committee legal counsel shall not present the potential problems and the related annotations to the Committee as grounds for objection but shall still provide the annotated copy to the Committee.
(i) The Committee legal counsel shall examine and annotate a proposed expedited repeal, a proposed expedited revision to agency form, and a proposed expedited amendment to incorporation by reference in the same manner as for a final proposal under paragraphs (b), (g), and (h), to see if there are any potential problems which might serve as grounds for an objection pursuant to, respectively, RSA 541-A:19-a, VII, RSA 541-A:19-c, VI, and RSA 541-A:19-d, VII.
(j) Except as provided under paragraph(g), all cases of noncompliance with the Drafting and Procedure Manual mandated by RSA 541-A:8 shall be brought to the attention of the Committee as potential bases for objection.
201.03 Examining Conditionally-Approved Texts.
(a) After an agency has received conditional approval of its final proposal or proposed expedited revision to agency form pursuant to RSA 541-A:13, V(a) or RSA 541-A:19-d, VII, or conditional approval of a proposed interim rule pursuant to RSA 541-A:19, VIII(b), the agency shall file its explanation within the time specified by RSA 541-A:13, V(a) or RSA 541-A:19, VIII(b).
(b) Once the explanation has been received by Committee staff, Committee legal counsel shall examine the explanation to determine whether the agency has amended the rule in accordance with the Committee's conditional approval.
(c) If the Committee legal counsel determines that the rule has been amended in accordance with the Committee's conditional approval, Committee legal counsel shall promptly send written confirmation of such compliance, and then the agency may adopt the rule as amended.
(d) If the Committee legal counsel determines that the rule has not been amended in accordance with the Committee's conditional approval or that the explanation was not filed with the Committee as required by RSA 541-A:13, V(a) or RSA 541-A:19, VIII(b), Committee legal counsel shall promptly send written notice to the agency that the conditional approval has been deemed to be a preliminary objection of the Committee as of the date the Committee voted for conditional approval.
Source. Committee meeting, 11-17-00; 11-19-20
201.04 Examining a Response to Objection or Amended Response to Objection .
(a) After an agency has filed a complete preliminary objection response pursuant to RSA 541-A:13, V(c), or revised objection response pursuant to RSA 541-A:13, V(f), the Committee legal counsel shall examine the rules to see if there are any potential problems which might serve as grounds for a final objection pursuant to RSA 541-A:13, V(f), sponsorship of a joint resolution pursuant to RSA 541-A:13, VII, or, if available, a revised objection response pursuant to RSA 541-A:13,V(e).
(b) After an agency has filed an amended response to preliminary objection pursuant to RSA 541-A:13, V(d), the Committee legal counsel shall examine the rules to see if there are any potential problems which might serve as grounds for further objection. If the Committee determines that there are such problems with the rules, the Committee shall not accept the amended response to preliminary objection but shall inquire of the agency as to whether the agency will request that a revised objection be made or whether the agency will request that the Committee take some other action on the response to preliminary objection.
(c) After an agency has filed a complete response to an objection to a proposed interim rule pursuant to RSA 541-A:19, VIII(b), the Committee legal counsel shall examine the rules to see if there are any problems which might serve as grounds to continue the objection pursuant to RSA 541-A:19, VIII(c).
(d) The Committee legal counsel shall prepare an annotated copy of the rules in the amended proposal or response if necessary and present it to the Committee in the same manner as for final proposals and proposed interim rules under rules 201.02(e), (g), and(h). Committee staff shall send a copy of any annotated response to the agency and to the Department of Justice. The Committee staff shall also notify the agency if there are no potential problems remaining, and a copy of the objection response in that case shall be provided to the Committee only upon request.
Source. Committee meeting, 11-13-98; 11-17-00; 11-19-20
201.05 Examining an Emergency Rule.
(a) After an agency has filed a complete emergency rule with the Director of Legislative Services pursuant to RSA 541-A:18, II, the Committee legal counsel or Administrative Rules Director shall examine the rule to see if the statement of emergency included with the rule pursuant to RSA 541-A:18, III adequately explains the imminent peril to the public health or safety, or whether there is substantial fiscal harm to the state or its citizens, that could occur if the rule were not adopted with less notice than required for regular rulemaking.
(b) If the statement of emergency does not demonstrate that the rule is necessary to prevent an imminent peril to the public health or safety, or substantial fiscal harm to the state or its citizens, in the judgment of the Committee legal counsel or Administrative Rules Director, then they shall bring the matter to the attention of the Committee. The agency shall be informed by Committee staff of the potential problem.
(c) The Committee shall apply its own judgment and may petition the agency during any regularly scheduled or special meeting to repeal the emergency rule pursuant to RSA 541-A:18, IV.
Source. Committee meeting, 11-13-98; 11-17-00; 11-19-20
PART 202 COMMITTEE AGENDAS
202.01 Preparation of a Tentative Agenda.
(a) Committee staff shall prepare in consultation with the Chairperson or Vice-Chairperson a tentative agenda as described in Committee rule 102.04(h) for each regularly scheduled or special Committee meeting. The agenda shall assign approximate times for commencement and duration of Committee review of the items.
(b) The times and order specified for the items listed shall be tentative and subject to change by the Chairperson or Vice-Chairperson prior to the Committee meeting or by the Committee during the meeting.
(c) Committee staff shall inform each agency prior to the meeting of the assigned time on the tentative agenda for the items involving rules of that agency.
(d) Notwithstanding any provision in these rules to the contrary, Committee staff shall place as a discussion item on the agenda any final proposal that would otherwise receive automatic approval pursuant to RSA 541-A:13, II(e). Following such discussion at the meeting, the Committee may vote to suspend rule 302.01(a)(2) to approve the final proposal or rule 303.01(b)(2) to enter a preliminary objection.
Source. Committee meeting, 11-13-98; 11-17-00; 9-21-01
202.02 Consent Agenda for Final Proposals, Proposed Interim Rules, Objection Responses, Conditional Approval Requests, Proposed Expedited Repeals, Proposed Expedited Revisions to Agency Forms, or Proposed Expedited Amendments to Incorporation by Reference .
(a) Committee staff shall place final proposals, proposed interim rules, proposed expedited repeals, proposed expedited revisions to agency forms, or proposed expedited amendments to incorporation by reference on a consent agenda for approval by the Committee if the Committee legal counsel:
(1) Determines that there are no potential bases for objection or other issues to put before the Committee; and
(2) Has no information that a Committee member, agency, other legislator, or member of the public wishes to testify about the proposed rule before the Committee takes any action.
(b) Committee staff shall place responses to preliminary or revised objections on a consent agenda for acceptance and approval by the Committee if the Committee legal counsel:
(1) Determines that there are no further potential bases for objection or petition, or issues to discuss, either remaining from the objection or newly created by the agency in the response; and
(2) Has no information that a Committee member, the agency, other legislator, or member of the public wishes to testify about the objection response before the Committee takes final action.
(c) Committee staff shall place final proposals, proposed interim rules, or proposed expedited amendments to incorporation by reference, for which a conditional approval request has been filed, on a consent agenda for conditional approval by the Committee if the Committee legal counsel:
(1) Determines that the request affecting a final proposal or proposed interim rule has been filed by the deadline pursuant to RSA 541-A:13, V(b) or RSA 541-A:19, VIII(a) or the deadline has been waived pursuant to RSA 541-A:40, IV;
(2) Determines that the request removes all potential bases for objection or petition, or issues to discuss, in the proposal; and
(3) Has no information that a Committee member, the agency, other legislator, or member of the public wishes to testify about the proposal or request before the Committee takes final action
Source. Committee meeting, 11-13-98; 11-17-00; 11-19-20
202.03 Consent Agenda for Consent Objections.
(a) The Committee staff shall place a final proposal, proposed interim rule, proposed expedited revision to agency form, or proposed expedited amendment to incorporation by reference on a consent list for preliminary objection by the Committee without further testimony if:
(1) The agency informs Committee staff prior to a Committee meeting that the agency could address the issues outlined by the Committee legal counsel to the item if the Committee were to object based solely on those grounds; and
(2) No Committee member or member of the public has questions or wishes to testify on the item before the Committee takes any action.
Source. Committee meeting, 11-13-98; 11-17-00; 11-19-20
PART 203 COMMITTEE STAFF CONTACT WITH AGENCIES, LEGISLATORS, AND THE PUBLIC
203.01 Agency Staff.
(a) The Committee legal counsel and the Administrative Rules Director shall be available to discuss with the relevant agency any comments by them regarding the agency's proposed rules or emergency rules as necessary to clarify the comments, understand how to resolve a potential problem, or to point out any misunderstanding of a rule or statute.
(b) The Committee legal counsel and the Administrative Rules Director shall be available to discuss issues to which the agency requests an objection.
(c) The comments by Committee legal counsel shall not be considered by the agency as Committee objections unless the Committee votes to make them so during the Committee meeting.
(d) Committee legal counsel, the Administrative Rules Director, or both, shall be available as time permits to discuss with an agency the agency's concerns on any matter within the Committee's jurisdiction under RSA 541-A:2, RSA 541-A:13, RSA 541-A:18, RSA 541-A:19, RSA 541-A:19-a, RSA 541-A:19-c, and RSA 541-A:19-d, and advise the agency of Committee procedures and agendas of meetings. Committee staff shall not provide legal advice to the agency.
(e) Committee staff shall not distribute to any non-Committee member any staff documents except as allowed by Committee rule 302.05.
(f) The Committee legal counsel or Administrative Rules Director shall not make decisions properly belonging to the Committee, such as whether to object to a proposed rule. Committee legal counsel shall not negotiate a Committee objection with the agency but shall bring to the Committee's attention all potential bases for objection. Only the Committee shall decide whether it should object after considering the comments by Committee staff and testimony from the agency and the public.
(g) The agency shall always have an opportunity to state its views and explain its position directly to the Committee when the agency's proposed rule is reviewed.
Source. Committee meeting, 11-13-98; 11-17-00; 9-21-01; 11-19-20
203.02 Legislators and the Public.
(a) Committee staff shall provide oral or written information and assistance to the public or other legislators on Committee procedures, agendas of meetings, and other matters within the Committee's jurisdiction under RSA 541-A:2, RSA 541-A:13, RSA 541-A:18, RSA 541-A:19, RSA 541-A:19-a, RSA 541-A:19-c, and RSA 541-A:19-d.
(b) Committee legal counsel or the Administrative Rules Director shall bring to the attention of the Committee Chairperson or Vice-Chairperson all matters within the Committee's jurisdiction that are referred to the Committee legal counsel or Administrative Rules Director on behalf of the Committee from a member of the public or a legislator.
(c) Committee staff shall not provide legal advice to any person who is not a legislator. A staff member shall not provide legal advice to legislators unless the member is a licensed attorney in New Hampshire.
(d) Committee staff shall not distribute to any non-Committee member any staff documents except as allowed by Committee rule 302.05.
Source. Committee meeting, 11-13-98; 11-17-00; 11-19-20
203.03 Committee Staff Ethical Obligations.
(a) Committee staff shall comply with the latest edition of the "Ethics Guidelines and Procedural Rules" of the NH General Court's Legislative Ethics Committee as approved by the General Court in accordance with RSA 14-B:3.
(b) The Committee shall be the client of the Committee legal counsel, who shall comply with the latest edition of the "NH Rules of Professional Conduct" in their capacity as legal counsel to the Committee.
Source. Committee meeting, 11-13-98; 11-17-00
CHAPTER 300 COMMITTEE REVIEW OF PROPOSED RULES
PART 301 COMMITTEE MEETINGS
301.01 Order of Items. The Committee meeting shall follow the order of items to be reviewed as stated in the tentative agenda unless the Committee changes the order to accommodate Committee members or testimony from agencies, Committee legal counsel, the Administrative Rules Director, the public, or other legislators.
Source. Committee meeting, 11-13-98; 11-17-00
301.02 Testimony on Proposed Rules and Adopted Rules.
(a) Agency representatives, members of the public, or other legislators who wish to testify about a proposed rule or adopted rule shall, if the meeting is in-person, complete a testimony card and provide it to the Chairperson or Acting Chairperson. Persons who wish only to register their support for, or opposition to, a rule shall note that on the card and provide it to the Chairperson or Acting Chairperson. If the meeting is held remotely, testimony may be given pursuant to the instructions in the Register, the House and Senate Calendars, and on the website of the Office of Legislative Services, Administrative Rules, and in accord with any further direction provided by the Chairperson or Acting Chairperson and the Committee staff person facilitating the remote meeting.
(b) Since the Committee is not a policy committee, testimony shall not be considered relevant that does not focus upon issues in the rules and instead argues only that a statute should be changed.
(c) All persons with relevant testimony shall be heard, but the Chairperson or Acting Chairperson shall limit the time if necessary in order to hear all relevant testimony and to accommodate Committee review of other items in the meeting.
(d) Public testimony and testimony from other legislators shall focus on the following to the degree relevant to the item being discussed:
(1) Which proposed rules or adopted rules the witness supports and why;
(2) Which proposed rules or adopted rules the witness opposes and the potential bases that exist for Committee petition pursuant to RSA 541-A:4, or Committee objection or sponsorship of a joint resolution pursuant to RSA 541-A:13, IV through VII, RSA 541-A:19, VII, and Chapter 400 of the Committee's rules; or
(3) How the emergency rule does not meet the criteria for an emergency rule pursuant to RSA 541-A:18, IV.
(e) Witnesses shall identify in their testimony the action that they want the Committee to take relative to the rules, such as approval, conditional approval, objection, petition for rulemaking, sponsorship of a joint resolution, or recommendation to the agency.
(f) An agency requesting a preliminary or revised objection shall identify the particular rule or rules to which it wants the Committee to object and the grounds for the objection consistent with RSA 541-A and the Committee's rules.
Source. Committee meeting, 11-13-98; 11-17-00; 9-21-01; 11-19-20
301.03 Acceptance of Agency Requests for Conditional Approval of a Final Proposal or Proposed Interim Rule. If an agency files a request for conditional approval of a final proposal or proposed interim rule with a rule amendment pursuant to RSA 541-A:13, II(b) or RSA 541-A:19, VIII(a), the Committee shall accept the request and consider a conditional approval under Committee rule 302.01 if:
(a) The request is filed before the deadline pursuant to RSA 541-A:13, II(b) or RSA 541-A:19, VIII(a) or the deadline has been waived pursuant to RSA 541-A:40, IV; or
(b) The request is filed in the meeting, either orally or in writing, and a motion to accept is made, seconded, and adopted by the Committee based on one or more compelling reasons as follows:
(1) The Committee determines that the rule amendment will remove all potential bases for preliminary objection identified by Committee staff, the agency, or the public;
(2) Although the request does not remove all potential bases for preliminary objection, the agency agrees to accept further amendments in the meeting as identified by the Committee in the meeting; or
(3) The agency has worked out with stakeholders or the public during the meeting an amendment which is submitted as a request to resolve an issue which would otherwise serve as a potential basis for preliminary objection.
Source. Committee meeting, 11-17-00; 11-19-20
301.04 Committee Staff.
(a) The Committee legal counsel and the Administrative Rules Director shall attend Committee meetings to assist the Committee as needed.
(b) The Committee legal counsel, and the Administrative Rules Director as necessary and if licensed to practice law in New Hampshire, shall provide legal advice in their review for the Committee of proposed rules, objection responses, and emergency rules.
(c) The Committee legal counsel and the Administrative Rules Director shall bring to the Committee's attention any other issues of fact or law relevant to an agenda item being discussed before the Committee takes action. The Committee legal counsel and the Administrative Rules Director may ask questions of a witness with the permission of the Chairperson or Acting Chairperson.
Source. Committee meeting, 11-13-98; 11-17-00
PART 302 APPROVALS AND CONDITIONAL APPROVALS
302.01 Motions.
(a) A motion is in order to approve or conditionally approve a final proposal, , proposed interim rule, or proposed expedited amendment to incorporation by reference, or approve a proposed expedited repeal or proposed expedited revision to agency form, at any meeting, provided:
(1) The Director of Legislative Services has received the proposal filed by the agency;
(2) Committee staff has placed it on the agenda;
(3) In the case of an applicable conditional approval request from an agency, the Committee accepted the request pursuant to Committee rule 301.03; and
(4) In the case of a motion to conditionally approve in lieu of an objection, the motion specifies the conditional approval request if one was filed, or the language of the amendment to be used by the agency in its explanation to address each basis for objection identified by the Committee.
(b) A motion to approve a final proposal, , proposed interim rule, , proposed expedited repeal, proposed expedited revision to agency form, or proposed expedited amendment to incorporation by reference shall not contain any instructions to an agency to make any substantive change in the rule, unless such instruction is made in the context of a conditional approval of a final proposal pursuant to RSA 541-A:13, V(a), a proposed interim rule pursuant to RSA 541-A:19, VIII(b), or a proposed expedited amendment to incorporation by reference pursuant to RSA 541-A:19-d, VII. The Committee may instruct an agency to make a change in the final proposal only if the procedures under rule 303.01 and 303.02 are followed.
(c) A motion to approve may include a petition under RSA 541-A:4 or a recommendation for further rulemaking or legislation.
Source. Committee meeting, 11-15-83; 7-17-87; 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
302.02 Vote on Motions.
(a) To pass, a vote on a motion to approve or conditionally approve a proposal under rule 302.01, including petitions or recommendations, shall require a majority of the votes cast, a quorum being present, as specified in rule 102.07.
(b) Once the Committee votes to approve a proposal, the agency may adopt the rule only as approved. The agency has no authority to amend the rule further, unless the changes are made in conformance with a conditional approval pursuant to RSA 541-A:13, V(a), RSA 541-A:19, VIII(b), or RSA 541-A:19-d, VII.
Source. Committee meeting, 11-15-83; 7-17-87; 3-20-92; 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
302.03 Reconsideration of Approval or Conditional Approval.
(a) A motion to reconsider a vote to approve or conditionally approve a proposal under rule 302.02 shall be in order if made by any Committee member during the same meeting and calendar day in which the vote to approve or conditionally approve was taken. To pass, a vote on a motion to reconsider a vote to approve or conditionally approve shall require the affirmative vote of a majority of the votes cast, a quorum being present.
(b) For the purpose of making subsequent motions only, the effect of adopting a motion to reconsider a vote to approve or conditionally approve shall be to cancel the vote to approve or conditionally approve as if it had never been taken. All motions that were available prior to the vote to approve or conditionally approve shall be available after the motion to reconsider has been adopted.
(c) If a preliminary or final objection is made pursuant to Committee rules 301.01 or 303.02 after reconsideration of an approval or conditional approval, the written notice to the agency pursuant to Committee rule 303.05 shall include the fact of reconsideration and an offer by Committee legal counsel to discuss with agency representatives, at the agency's request, the grounds for the objection.
Source. Committee meeting, 9-21-01; amd 7-17-08; 11-19-20
302.04 Written Notice to Agency.
(a) The Committee staff shall inform the agency in writing of the Committee vote to approve a final proposal, , proposed interim rule, , proposed expedited repeal, proposed expedited revision to agency form, or proposed expedited amendment to incorporation by reference or to grant conditional approval of the final proposal, , proposed interim rule, or proposed expedited amendment to incorporation by reference.
(b) The letter informing the agency of the Committee's conditional approval shall specify the conditional approval request or the language of the amendment to be included by the agency in its explanation to address each basis for the objection identified by the Committee.
(c) Once the Committee legal counsel has reviewed the agency's explanation submitted after receiving conditional approval, the Committee legal counsel shall, pursuant to RSA 541-A:13, V(a), RSA 541-A:19, VIII(a), or RSA 541-A:19-d, VIII send a letter either confirming that the explanation was made in accordance with the conditional approval or indicating that the explanation was not in accordance with the conditional approval. If the Committee legal counsel determines that the explanation was not in accordance with the conditional approval, the conditional approval shall, pursuant to RSA 541-A:13, V(a), RSA 541-A:19, VIII(a), or RSA 541-A:19-d, VIII be deemed to be a preliminary objection as of the date of the conditional approval.
(d) If the Committee takes no action within 60 days of the filing of the final proposal pursuant to RSA 541-A:12, I, the Committee staff shall notify the agency that the rule has been approved under RSA 541-A:13.
Source. Committee meeting, 11-15-83; 6-21-85; 9-3-87; 7-15-94; 11-17-00; 11-19-20
302.05 Access to Staff Memoranda and Other Documents.
(a) Legal memoranda prepared by the Committee legal counsel or Administrative Rules Director for the Committee which only outline potential bases for Committee objection, petition, or other Committee action relative to proposed or adopted rules shall be available to any person for inspection and copying after the memoranda are actually received by the Committee. Notwithstanding the foregoing, these memoranda shall be available to the Director and Deputy Director of Legislative Services when the memoranda are prepared, but with the understanding that they will not be further distributed prior to receipt by the Committee.
(b) Documents prepared by Committee staff for the Committee or individual Committee members that are confidential pursuant to RSA 91-A or are privileged under New Hampshire law shall be available for inspection and copying only:
(1) Upon permission or disclosure by a majority of the Committee, a quorum being present, for documents prepared for the entire Committee;
(2) Upon permission or disclosure by the individual Committee member or members for whom the documents were prepared; or
(3) If disclosure is otherwise required by other Committee rules.
Source. Committee meeting, 9-3-87; 11-13-98; 2-19-99; 11-17-00; 11-19-20
PART 303 OBJECTIONS
303.01 Motion for Preliminary Objection.
(a) For purposes of Part 303, a "preliminary objection" means the objection to a proposed expedited repeal or the first written objection to a final proposal, , proposed interim rule, proposed expedited revision to agency form, or proposed expedited amendment to incorporation by reference for which the Committee is awaiting a response from the adopting agency before taking further action. The Committee may modify its objection or approve the rule in accordance with rule 303.07.
(b) A motion to make a preliminary objection to a final proposal, , proposed interim rule, proposed expedited repeal, proposed expedited revision to agency form, or proposed expedited amendment to incorporation by reference is in order if:
(1) The Committee staff has received the proposal filed by the agency;
(2) The proposed rule has been placed on the agenda by Committee staff, pursuant to RSA 541-A:12, I, RSA 541-A:19, V, RSA 541-A:19-a, VII, RSA 541-A:19-c, VI, and RSA 541-A:19-d, VII or the Committee's rules; and
(3) The Committee determines that the final proposal falls into any of the 4 categories listed in RSA 541-A:13, IV, the proposed interim rule meets any of the criteria in RSA 541-A:19, VII, or the proposed expedited repeal, the proposed expedited revision to agency form, or the proposed expedited amendment to incorporation by reference meets any of the criteria, respectively, under RSA 541-A:19-a, VII, RSA 541-A:19-c, VI, and RSA 541-A:19-d, VII as interpreted by Chapter 400 of these rules;
(c) Pursuant to RSA 541-A:13, IV, the Committee may make a preliminary objection to a final proposal if the rule is:
(1) Beyond the authority of the agency;
(2) Contrary to the intent of the legislature;
(3) Determined not to be in the public interest; or
(4) Deemed by the Committee to have a substantial economic impact not recognized in the fiscal impact statement.
(d) Pursuant to RSA 541-A:19, VII, the Committee may object to a proposed interim rule if the rule is:
(1) Beyond the authority of the agency;
(2) Contrary to the intent of the legislature;
(3) Determined not to be in the public interest; or
(4) Not designed solely to allow the agency to:
a. Conform with a new or amended statute effective no more than 90 days prior to the publication of the notice of the proposed interim rule;
b. Conform with a controlling judicial decision;
c. Conform with a federal requirement which must be met sooner than the time periods allowed under the formal procedure in RSA 541-A:3;
d. Continue rules which would otherwise expire prior to the completion of the rules' readoption; or
e. Minimize the time between the expiration of rules and their subsequent readoption.
(e) Pursuant to RSA 541-A:19-a, VII, the Committee may make an objection to a proposed expedited repeal if the repeal is:
(1) Beyond the authority of the agency;
(2) Contrary to the intent of the legislature;
(3) Deemed by the Committee not to meet the requirements of RSA 541-A:19-a, I.
(f) Pursuant to RSA 541-A:19-c, VI, the Committee may make a preliminary objection to a proposed expedited revision to agency form if the adoption of the form is:
(1) Beyond the authority of the agency;
(2) Contrary to the intent of the legislature; or
(3) Deemed by the Committee not to meet the requirements of RSA 541-A:19-c.
(g) Pursuant to RSA 541-A:19-d, VII, the Committee may make a preliminary objection to a proposed expedited amendment to incorporation by reference the amended rule is:
(1) Beyond the authority of the agency;
(2) Contrary to the intent of the legislature;
(3) Deemed not be to in the public interest; or
(4) Deemed by the Committee not to meet the requirements of RSA 541-A:19-d, I.
(h) Such a motion shall identify the rule or rules that are objectionable and the grounds for the objection as explained in Chapter 400 of the Committee's rules. If the rules and the grounds are sufficiently detailed in Committee legal counsel memoranda or annotations to the proposed rules or in written public testimony, the motion shall only have to identify the number of the final proposal, proposed interim rule, , proposed expedited repeal, proposed expedited revision to agency form, and proposed expedited amendment to incorporation by reference and state that the motion to object is based upon Committee legal counsel annotations or memoranda or public testimony.
(i) A motion to make any objection to a final proposal shall not be in order if it is made after 60 days from the filing of the final proposal pursuant to RSA 541-A:12, I with the Director of Legislative Services.
(j) A motion to make any objection to a proposed interim rule shall not be in order if it is made after 90 days from publication of the notice for the interim rule.
Source. Committee meeting, 11-15-83; 9-3-87; 3-20-92; 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
303.02 Motion for Revised Objection.
(a) For purposes of Part 303, a "revised objection" shall be a written objection requested by an agency pursuant to RSA 541-A:13, V(d) to a final proposal , RSA 541-A:19-c, VII to a expedited revision to agency form, or RSA 541-A:19-d, VIII to an expedited amendment to incorporation by reference after the agency has submitted its response to a preliminary objection and prior to a final committee vote on the proposed rule or form.
(b) A motion to make a revised objection to a proposed rule is in order if:
(1) The Committee has issued a preliminary objection;
(2) The agency has responded to the preliminary objection in accordance with RSA 541-A:13, V(c);
(3) The Committee has not yet taken a final vote on the proposed rule;
(4) The agency requests a revised objection; and
(5) The Committee determines that the proposed rule after the response to the preliminary objection falls into any of the 4 categories described in rule 303.01(c) as interpreted by Chapter 400 of these rules.
(c) Such a motion shall state the reasons for the objection and shall specify which section or sections of the rule are objectionable under which category.
Source. Committee meeting, 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
303.03 Vote on Motions for Preliminary, Revised, or Final Objections.
(a) To pass, a vote on a motion to make a preliminary or revised objection under rule 303.01 or 303.02, as appropriate, shall require a majority of the votes cast, a quorum being present. A minimum of 4 affirmative votes is needed if only a quorum is present.
(b) To pass, a vote on a motion to make a final objection under rule 303.07(b) shall require a minimum of 6 affirmative votes.
Source. Committee meeting, 11-15-83; 8-16-85; 7-15-94; 11-13-98
303.04 Reconsideration of Preliminary, Revised, or Final Objections.
(a) A motion to reconsider a vote to make a preliminary or revised objection made pursuant to Committee rule 303.03(a) shall be in order if made by any Committee member during the same meeting and calendar day in which the respective vote to make the preliminary or revised objection was taken. To pass, a vote on a motion to reconsider a vote to make a preliminary or revised objection shall require the affirmative vote of a majority of the votes cast, a quorum being present. For the purpose of making subsequent motions only, the effect of adopting a motion to reconsider a vote to make a preliminary or revised objection shall be to cancel the respective vote to make the preliminary or revised objection as if it had never been taken. All motions that were available prior to the respective vote to make a preliminary or revised objection shall be available after the motion to reconsider has been adopted.
(b) A motion to reconsider a vote to make a final objection made pursuant to Committee rule 303.03(b) shall be in order if made by any Committee member during the same meeting and calendar day in which the vote to make the final objection was taken. To pass, a vote on a motion to reconsider a vote to make a final objection shall require a minimum of 6 affirmative votes. For the purpose of making subsequent motions only, the effect of adopting a motion to reconsider a vote to make a final objection shall be to cancel the vote to make a final objection as if it had never been taken. All motions that were available prior to the vote to make a final objection shall be available after the motion to reconsider has been adopted.
(c) If a preliminary or final objection is made pursuant to Committee rules 301.01 or 303.02 after reconsideration of an objection, the written notice to the agency pursuant to Committee rule 303.05 shall include the fact of reconsideration and an offer by Committee legal counsel to discuss with agency representatives, at the agency's request, the grounds for the objection.
Source. Committee meeting, 9-21-01; amd 7-17-08
303.05 Written Notice to Agency.
(a) The Committee legal counsel or Administrative Rules Director shall prepare a written preliminary objection which shall be sent to the appropriate agency in accordance with RSA 541-A:13, V(b), Section 2.15 of Chapter 3 of the Drafting and Procedure Manual, RSA 541-A:19, VIII(b), RSA 541-A:19-c, VII, and RSA 541-A:19-d, VIII.
(b) If the Committee legal counsel has reviewed an agency's explanation submitted after receiving conditional approval and determines that the explanation was not in accordance with the conditional approval, the Committee legal counsel shall so inform the agency, and the conditional approval shall, pursuant to RSA 541-A:13, V(b), RSA 541-A:19, VIII(b), or RSA 541-A:19-d, VIII be deemed to be a preliminary objection as of the date of the conditional approval.
(c) The Committee legal counsel or Administrative Rules Director shall prepare a written revised objection which shall be sent to the agency in accordance with Section 2.18 of Chapter 3 of the Drafting and Procedure Manual.
(d) The Committee legal counsel or Administrative Rules Director shall prepare a written final objection as it will appear in the Register pursuant to RSA 541-A:13, V(f) and send a copy to the agency in accordance with Section 2.18 of Chapter 3 of the Drafting and Procedure Manual.
Source. Committee meeting, 11-15-83; 6-21-85; 3-20-92; 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
303.06 Agency Action.
(a) The agency shall respond in writing to the preliminary or revised objection within 45 days of the respective Committee vote in accordance with RSA 541-A:13, V for a final proposal, RSA 541-A:19-c, VII for a proposed expedited revision to agency form, or RSA 541-A:19-d for a proposed expedited amendment to incorporation by reference or by the next regularly scheduled monthly Committee meeting in accordance with RSA 541-A:19, VIII(b) for a proposed interim rule
(b) The agency shall respond to the objection by:
(1) Amending the rule;
(2) Withdrawing the rule; or
(3) By making no change.
(c) The agency may adopt the rule after responding to a preliminary or revised objection only if the Committee thereafter:
(1) Approves the preliminary objection response, amended preliminary objection response, or revised objection response;
(2) Takes no further action within 50 days of the deadline for submitting the response to the objection; or
(3) Takes any action other than a joint resolution under rule 304 and RSA 541-A:13, VII, although the agency may adopt any portion of the proposal to which a joint resolution does not attach.
(d) The agency shall not, pursuant to RSA 541-A:19, X, adopt a rule as an interim rule unless it has been approved by the Committee or the explanation has been confirmed to Committee legal counsel to comply with the Committee's conditional approval.
Source. Committee meeting, 11-15-83; 6-21-85; 9-3-87; 3-20-92; 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
303.07 Committee Action on Objection Responses.
(a) If the agency responds to a preliminary or revised objection by removing the basis for objection to the Committee's satisfaction, the Committee may vote to approve the rule. The Committee may also in the same motion petition the agency under RSA 541-A:4 or recommend further rulemaking or legislation to address any remaining issues.
(b) If the agency responds to a preliminary or revised objection to a final proposal, proposed expedited revision to agency form, or proposed expedited amendment to incorporation by reference but the basis for the Committee's preliminary or revised objection, as appropriate, has not been removed or the preliminary objection response or revised objection response creates a new basis for objection, the Committee may, with a minimum of 6 affirmative votes, make a final objection. The Committee staff shall proceed as specified in RSA 541-A:13, V(f).
(c) The Committee may, in addition or as an alternative to a final objection, vote to support the introduction of a joint resolution pursuant to rule 304 and RSA 541-A:13, VII.
(d) The Committee may vote, in addition to a final objection but in a separate motion by a majority of the votes cast, a quorum being present, to petition the agency under RSA 541-A:4 or recommend further rulemaking or legislation to address any remaining issues.
(e) If the agency responds to an objection to a proposed interim rule but the basis for the objection has not been removed, or the response creates a new basis for objection, the Committee shall either continue the objection or approve the rule. The continued objection shall prevent the agency from adopting the rule. Pursuant to RSA 541-A:19, IX, no rule shall be adopted as an interim rule unless within 90 days of publication of the notice the Committee votes to approve the rule.
(f) Reconsideration of a vote to approve the rule in an objection response under paragraph (a) shall be made pursuant to Committee rule 302.03. Reconsideration of a vote to continue the objection to a proposed interim rule or amended proposed interim rule under paragraph (e) shall be made pursuant to Committee rule 303.04(a).
Source. Committee meeting, 11-15-83; 6-21-85; 9-3-87; 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
PART 304 JOINT RESOLUTION
304.01 Motion on Joint Resolution.
(a) A vote to support the introduction of a joint resolution may be used as an alternative to a final objection or in addition to a final objection and only on the same grounds as available for a final objection to a final proposal, proposed expedited revision to agency form, or proposed expedited amendment to incorporation by reference.
(b) A motion to support the introduction of a joint resolution is in order if:
(1) The agency has responded to the preliminary objection in accordance with RSA
541-A:13, V(c), or, if applicable, to a revised objection pursuant to RSA 541-A:13, V(e);
(2) The Committee determines that the basis for the preliminary or revised objection has not been removed or the response to the objections creates a new basis for objection; and
(3) The motion is made no later than 50 days from the date by which the response was due to the preliminary objection or, if applicable, the revised objection.
(c) Such a motion shall:
(1) State the reason or reasons for introduction of the joint resolution in the same terms as for a final objection;
(2) Identify which provisions of the proposed rule are subject to the vote to support the introduction of the joint resolution; and
(3) Recommend in terms suitable for a resolution specific legislative and/or agency action concerning the proposed rule and relevant statutes.
(d) To pass, a vote on a motion to support the introduction of a joint resolution shall require a majority of the Committee, that is, a minimum of 6 votes.
(e) The wording of the resolution shall be specified by its sponsors.
Source. Committee meeting, 7-15-94; 11-13-98; 11-17-00; 9-21-01; 11-19-20
304.02 Effect of a Vote to Support the Introduction of a Joint Resolution.
(a) A vote to support the introduction of a joint resolution shall prevent the rule or rules identified in the motion from being adopted and filed by the agency until whichever of the following occurs first:
(1) The joint resolution is not introduced within 20 business days of such vote when the General Court is in session or 20 business days of the start of the following legislative session if such vote occurs when the General Court is not in session;
(2) Final legislative action is taken, that is, the joint resolution is defeated or the General Court fails to override the Governor's veto;
(3) The passage of 90 consecutive calendar days during which the General Court shall have been in session, with the 90-day period commencing on the date such joint resolution is introduced;
(4) The passage of 90 calendar days in the next session of the General Court if it adjourns prior to the 60th calendar day after the joint resolution has been introduced; or
(5) The resolution becomes law and the wording allows adoption.
(b) Such a vote shall not prevent the Committee from also voting to enter a final objection.
(c) The vote to support the introduction of a joint resolution shall apply to only the portions of the final proposal identified in the joint resolution. The agency may proceed to adopt and file the remainder of the rules in the final proposal under RSA 541-A.
Source. Committee meeting, 7-15-94; 11-19-20
304.03 Reconsideration of Vote to Support the Introduction of a Joint Resolution
(a) A motion to reconsider a vote to support the introduction of a joint resolution made pursuant to Committee rule 304.01 shall be in order if made by any Committee member at any time before the actual introduction of such joint resolution in either the House or the Senate. To pass, a vote on a motion to reconsider support for the introduction of a joint resolution shall require a minimum of 6 affirmative votes.
(b) For the purpose of making subsequent motions only, the effect of adopting a motion to reconsider a vote to support the introduction of a joint resolution shall be to cancel the vote to support the introduction of a joint resolution as if it had never been taken. Only motions that would have otherwise been in order on the date of the Committee vote to reconsider support for the introduction of a joint resolution shall be in order. A motion to vote to support the introduction of a new or amended joint resolution shall not be in order if the time pursuant to RSA 541-A:13, VII(c) to introduce a joint resolution has passed.
Source. Committee meeting, 9-21-01; 7-17-08
304.04 Written Notice to Agency.
(a) The Committee legal counsel or Administrative Rules Director shall prepare a letter concerning the vote to sponsor the joint resolution which shall be sent to the agency in accordance with Section 2.18 of Chapter 3 of the Drafting and Procedure Manual.
(b) If a vote to support the introduction of a joint resolution is made pursuant to Committee rule 304.01 after reconsideration of a prior action, the written notice to the agency shall include the fact of reconsideration and an offer by Committee legal counsel to discuss with agency representatives, at the agency's request, the vote to support the introduction of a joint resolution.
Source. Committee meeting, 9-21-01
304.05 Introduction of a Joint Resolution.
(a) Pursuant to RSA 541-A:13, VII(e), the joint resolution shall not prevent the introduction of legislation which addresses any matter included in the joint resolution.
(b) Pursuant to RSA 541-A:13, VII(f), the joint resolution may be introduced at any time during the legislative session and be subject to the same rules as any other bill introduced at the beginning of the legislative session.
Source. Committee meeting, 7-15-94; 11-13-98
PART 305 REQUESTS FOR WAIVER OF COMMITTEE DEADLINES
305.01 Who May Make Requests.
(a) When any proposed rule which is placed on the agenda is subject pursuant to RSA 541-A to a deadline for Committee action, a request to the Director of the Office of Legislative Services to waive the deadline pursuant to RSA 541-A:40, IV may be made as follows:
(1) By the Chairperson or Vice-Chairperson for good cause pursuant to Committee rule 305.02 if the agency has not already adopted and filed the proposed rule; or
(2) By the Committee by vote on a motion by any Committee member pursuant to Committee rules 305.02 and 305.03 if the motion is made before the deadline is exceeded.
Source. Committee meeting, 7-17-08
305.02 Good Cause for a Waiver Request. Good cause for a waiver request by the Chairperson, Vice-Chairperson, or the Committee shall include the following:
(a) The proposed rule is a final proposal which would otherwise be automatically approved pursuant to RSA 541-A:13, II(e) because of the placement of the final proposal on the agenda under RSA 541-A:12, I in a regularly scheduled monthly meeting more than 60 days after filing;
(b) There is, or is expected to be, the absence of a Committee quorum to address and act on the proposed rule by the deadline;
(c) Agency staff who are knowledgeable in the subject area are, or are expected to be, unavailable to testify on the agency's proposed rule until after the deadline;
(d) A request has been filed by the agency for conditional approval of a proposed rule under RSA 541-A:13, II(b)or RSA 541-A:19, VIII(a) or for postponement of Committee action on a proposed rule, but the next scheduled Committee meeting for Committee action is after the deadline; or
(e) Any other factor exists where postponement of action on the item to a meeting after the deadline would facilitate greater input and participation by the public, legislators, or the agency or otherwise allow provision of necessary information for the Committee to consider before taking action.
Source. Committee meeting, 7-17-08; 11-19-20
305.03 Vote on Motions.
(a) A motion is in order for the Committee as a whole to request a waiver of a Committee deadline under RSA 541-A if the motion is made before the deadline is exceeded, and the motion states the good cause from Committee rule 305.02.
(b) To pass, a vote on a motion to request a waiver shall require a majority of the votes cast, a quorum being present, as specified in Committee rule 102.07.
(c) A motion to request a waiver may include a recommendation to the agency that the agency not adopt and file the rule if the request is still pending with the Director after the deadline has passed.
Source. Committee meeting, 7-17-08
305.04 Agency Notification. The Committee staff shall notify the agency orally or in writing of a waiver request by the Chairperson, Vice-Chairperson, or the Committee.
Source. Committee meeting, 7-17-08
CHAPTER 400 CRITERIA FOR REVIEW OF PROPOSED RULES
PART 401 RULES BEYOND AGENCY AUTHORITY
401.01 Specific Delegation.
(a) In order to decide whether to object under paragraph (c), the Committee shall review each statutory passage delegating rulemaking authority to determine if the agency is authorized to adopt the proposed rule.
(b) The Committee shall consider the rule to be within an agency's authority, and shall not object pursuant to paragraph (c) below, if:
(1) The delegation of authority is specifically worded;
(2) The delegation is directly relevant to the subject matter of the rule; and
(3) The delegation is correctly cited by the agency in the notice.
(c) The Committee may object to a proposed rule as being beyond the agency's authority if the agency has relied upon a specific statutory delegation of authority to require those regulated to supply information or to take an action, but the Committee determines that the statute does not authorize the agency to set such a requirement.
Source. Committee meeting, 11-15-83; 9-21-01
401.02 Broad Delegation. If the passage delegating rulemaking authority is worded broadly and contains phrases such as "the agency may adopt rules for the proper administration of this chapter," the Committee may require an agency to clarify the agency's interpretation of broad phrases such as "proper administration." The Committee may object to a proposed rule as being beyond an agency's authority if the Committee determines that the rule goes beyond the duties of the agency because the rule addresses an agency duty not specifically identified in the statute.
Source. Committee meeting, 11-15-83; 9-21-01
401.03 Incorrect Citation. The Committee may object to a proposed rule as being beyond an agency's authority if the agency has cited a delegation of rulemaking authority which the Committee determines is not applicable to the subject matter of the rule.
Source. Committee meeting, 11-15-83; 9-21-01
401.04 No Authority for Constitutional Violations. The Committee may object to a proposed rule as being beyond an agency's authority if the Committee determines that the rule violates a provision of the New Hampshire Constitution or the Constitution of the United States.
Source. Committee meeting, 11-15-91; 9-21-01
401.05 Specific Authority Needed.
(a) The Committee may object to a proposed rule as being beyond the agency's authority if it is prohibited under RSA 541-A:22, III because there is no specific statutory authority for the rules.
(b) The Committee may also object to a proposed rule under paragraph (a) if the proposed rule creates categories or levels of a license as defined in RSA 541-A:1, VIII or a system of fees to engage in a profession, business, or other activity but the statute does not specifically authorize categories or levels of a license or a system of fees. For purposes of this paragraph, statutory authority to set fees for services provided by the agency may be considered by the Committee to be adequate to charge different fees for different services.
(c) The Committee may object to a proposed rule as being beyond an agency's authority if the proposed rule without specific statutory authority:
(1) Grants subpoena power;
(2) Delegates subpoena power to anyone other than the agency or individual named in the statute;
(3) Requires continuing education for professional licensees, except that authority to set license renewal qualifications may be considered by the Committee as adequate to require continuing education;
(4) Requires liability insurance for licensees; or
(5) Requires providing social security numbers by a regulated community unless provision is required by state statute or federal statute or regulation, or the number is necessary to identify an individual to prevent criminal acts such as fraud or to identify tax or criminal records.
Source. Committee meeting, 9-21-01
PART 402 RULES CONTRARY TO LEGISLATIVE INTENT
402.01 Violation of Statutory Purpose. A proposed rule shall be considered contrary to legislative intent if the Committee determines that:
(a) The rule attempts to implement a bill which the Legislature defeated, unless there is evidence that the bill was defeated at least in part because its content could be implemented with existing rulemaking authority.
(b) The rule violates a statutory purpose clause.
(c) The rule violates the overall purpose of the statute, provided that any objection shall be based first on the plain meaning of the statute as a whole and secondly on the written legislative history if the meaning cannot be agreed upon. The objection shall not be based on the statute as interpreted solely by a sponsor, a representative of a standing committee, or any other single member of the Legislature.
Source. Committee meeting, 11-15-83; 9-21-01
402.02 Violation of a Specific Statute or Regulation.
(a) The Committee may object to a proposed rule as contrary to legislative intent if the Committee determines that the rule violates or otherwise conflicts with a specific state or federal statutory provision or federal regulation.
(b) The Committee may object to a proposed rule filed pursuant to RSA 541-A:12 or RSA 541-A:13 as contrary to legislative intent if the Committee determines:
(1) That the agency has violated a provision of RSA 541-A during the rulemaking process for the final proposal, including failure to consider fully all public comment received under RSA
541-A:11 when establishing the final proposal pursuant to the criteria in rule 403.01; or
(2) That the rule as written leads to requirements, limitations, or prohibitions being set outside the process mandated by RSA 541-A:3.
(c) The Committee may object to a proposed rule filed pursuant to RSA 541-A:19 as contrary to legislative intent if the Committee determines:
(1) That the agency has violated a provision of RSA 541-A:19 during the rulemaking process for the proposed interim rule, including failure to meet the requirements for an interim rule under RSA 541-A:19, I; or
(2) That the rule as written leads to requirements, limitations, or prohibitions being set outside the process mandated by RSA 541-A:19.
Source. Committee meeting, 11-15-91; 9-21-01
402.03 Matters Requiring Statutory Authority.
(a) The Committee may object to a proposed rule as contrary to legislative intent if the Committee determines that the subject matter of the proposed rule is a matter that requires specific statutory authority.
(b) The Committee may object to a proposed rule as contrary to legislative intent under paragraph (a) if the Committee determines that the proposed rule is prohibited under RSA 541-A:22, III because there is no specific statutory authority for the matter in the proposed rule.
(c) The Committee may also object to a proposed rule as contrary to legislative intent if the proposed rule creates categories or levels of a license as defined in RSA 541-A:1, VIII or a system of fees to engage in a profession, business, or other activity but the statute does not specifically authorize categories or levels of a license or a system of fees. For purposes of this paragraph, statutory authority to set fees for services provided by the agency may be considered by the Committee to be adequate to charge different fees for different services.
(d) The Committee may object to a proposed rule as contrary to legislative intent under paragraph (a) if the proposed rule without specific statutory authority:
(1) Grants subpoena power;
(2) Delegates subpoena power to anyone other than the agency or individual named in the statute;
(3) Requires continuing education for professional licensees, except that authority to set license renewal qualifications may be considered by the Committee as adequate to require continuing education ;
(4) Requires liability insurance for licensees; or
(5) Requires providing social security numbers by a regulated community unless provision is required by state statute or federal statute or regulation, or the number is necessary to identify an individual to prevent criminal acts such as fraud or to identify tax or criminal records.
Source. Committee meeting, 1-18-85; 9-21-01
402.04 Violation of a Constitutional Provision. The Committee may object to a proposed rule as being contrary to legislative intent if the Committee determines that a statute being implemented by the rule is consistent with the New Hampshire Constitution and the Constitution of the United States, but the rule implementing the statute violates one or both constitutions.
Source. Committee meeting, 11-15-91; 9-21-01
PART 403 RULES CONTRARY TO PUBLIC INTEREST
403.01 Responsiveness. The Committee may object to a proposed rule as contrary to the public interest if the Committee determines that the rule is not responsive to a public need. A proposed rule shall be considered not responsive to a public need if the Committee determines that:
(a) The agency has failed to consider fully all public comment pursuant to RSA 541-A:11 for an initial proposal either at an oral hearing or in written or electronic form, because:
(1) The agency allotted insufficient time to consider public comment before the final proposal or amended final proposal was established, based upon the complexity or extent of the comment or both;
(2) The agency did not provide the Committee with evidence, in response to a claim to the contrary, that the public comment was overruled on the merits; or
(3) The Committee received evidence that the agency restricted or prevented submission of testimony that was otherwise relevant under the terms of the notice, and the agency failed to refute the evidence.
(b) The agency claims the rule is necessary to respond to a federal requirement when in fact no federal requirement exists, or the federal requirement is other than the agency claims.
(c) The agency has used broad language when a more specific requirement is needed, as may be indicated by such phrases in the proposed rules as "to be determined by the agency," when the rule itself is the proper place to make such a determination.
(d) The rule is not drafted in clear and understandable language.
(e) The agency has incorporated rules by reference which are overbroad or too general, when the delegation calls for the agency to adopt rules specifically suited to state needs.
(f) The agency has incorporated by reference a document or Internet content with an amended date or edition but did not provide the Committee, in response to a request by legal counsel under Committee rule 201.02(d), with an adequate explanation of the differences between the existing document or Internet content in the existing rule and the document or Internet content in the proposed rule.
(g) The rule is designed to benefit the administrative convenience of the agency to the detriment of the public.
Source. Committee meeting, 11-15-83; 9-18-84; 11-17-00; 9-21-01; 2-17-12
403.02 Uniform Application.
(a) The Committee may object to a proposed rule as contrary to the public interest if the Committee determines that the proposed rule cannot be uniformly applied once it is adopted.
(b) A proposed rule shall be considered incapable of uniform application if the Committee determines that:
(1) Instead of simply prohibiting an activity directly, the rule indirectly prohibits an activity by setting requirements that are:
a. Technically infeasible given the present state of the art of scientific and technical knowledge;
b. Impossible to meet financially by the regulated community as a whole and not simply by selective members of that community; or
c. In any other way so unlikely to be met as to become effectively a prohibition;
(2) The rule conflicts with an existing rule;
(3) The rule cannot be uniformly enforced by the agency; or
(4) The rule does not treat like entities in a similar manner.
Source. Committee meeting, 11-15-83; 9-21-01
PART 404 ECONOMIC IMPACT OF RULES
404.01 Substantial Economic Impact Not Recognized in Fiscal Impact Statement.
(a) The Committee may object to a proposed rule filed pursuant to RSA 541-A:12 or RSA 541-A:13 as having a substantial economic impact not recognized in the fiscal impact statement if any of the following are true:
(1) The fiscal impact statement does not completely and correctly state the costs and benefits to the citizens of the state and to political subdivisions of the intended action;
(2) The conclusions in the fiscal impact statement as to the cost or benefit to the state general fund or any state special fund of taking the intended action are incomplete or incorrect;
(3) An explanation of, or citation to, any federal mandate for the proposed rule, or how that mandate affects state funds, is incomplete or incorrect;
(4) The comparison of the cost of the proposed rule with the cost of any existing rule is incomplete or incorrect; or
(5) The analysis of the general impact of the proposed rule upon any independently owned business is incomplete or incorrect.
(b) The Committee may object to a proposed rule filed pursuant to RSA 541-A:12 or RSA 541-A:13 as having a substantial economic impact not recognized in the fiscal impact statement if the agency did not allow or take into account criticism of the content of the fiscal impact statement in oral or written testimony when requesting an amended fiscal impact statement.
Source. Committee meeting, 11-15-83; 6-21-85; 11-15-91; 9-21-01