Unless specifically exempted by statute, all agency administrative rules must be adopted and filed with the Office of Legislative Services, Administrative Rules pursuant to RSA 541-A before they can become effective.

No rule shall take effect until filed. Regular and interim rules, expedited repeals, and expedited revisions to agency forms become effective at 12:01 a.m. on the day after filing, or at another date and time specified by the agency, provided that the filing occurs before such effective date and time. See RSA 541-A:16, III. Emergency rules become effective immediately upon filing. See RSA 541-A:18, II.

Rules adopted pursuant to RSA 541-A expire as follows FOR THE 6 TYPES OF RULEMAKING PROCESSES unless readopted, readopted with amendments, or repealed before expiration:

1. REGULAR RULES

(Adopted pursuant to RSA 541-A:5 through RSA 541-A:14. This is the vast majority of rules).

Expire in 8 years from their effective date if the rulemaking notice for the initial proposal was filed prior to September 11, 2011, that is, prior to Notice Number 2011-127, or expire in 10 years for those regular rules whose notice was filed on or after September 11, 2011, except as noted below.

The following regular rules will not expire except under the circumstances described. The relevant document numbers and effective dates in the (certified) online rules' source notes are italicized to indicate that the rules potentially will not expire.

  • (a) Organizational rules and rules of practice and procedure. The following regular rules, if JLCAR-approved, expire one year after adoption or amendment of a statute rendering the rules no longer accurate:

    • Organizational rules (Chapter 100 of each agency's rules)
    • Mandatory rules of practice and procedure (in Chapter 200 of an agency's rules) governing the following areas for which a rulemaking notice was filed on or after July 1, 2000:
      • Adjudicative proceedings
      • Rulemaking hearings
      • Rulemaking petitions
      • Petitions for declaratory rulings
    • Optional rules of practice and procedure (in Chapter 200 of an agency's rules) governing the following areas for rules adopted on or after February 20, 2012:
      • Rules governing complaints and investigations
      • Settlement procedures, alternative dispute resolution, or other resolution of contested cases without a hearing
      • Rules on uniform waiver procedures and criteria to waive any of the agency’s rules
      • Rules governing non-adjudicative hearings in general, not only rulemaking hearings
      • Rules governing uniform procedures for requests for confidential treatment of documents submitted to the agency and for release of such documents

  • (b) Extensions of effective rules pending readoption. Pursuant to RSA 541-A:14-a, I, if an agency files a regular rulemaking notice on or after September 11, 2011 (that is, under Notice Number 2011-127 or later) to readopt or readopt with amendment an existing regular rule, the existing regular rule in the proposal which would otherwise expire prior to the completion of the readoption of the rules will not expire but continue in effect until the proposed rules are adopted and effective. There are certain conditions, however, as stated in RSA 541-A:14-a.

  • (c) For regular rulemaking for which a rulemaking notice was filed on or after January 1, 2010 to adopt agency forms before July 26, 2011. The numbered rules adopted in this period which contain the requirements of a form or incorporate the form by reference expire like organizational rules and rules of practice and procedure.

2. INTERIM RULES

(Adopted pursuant to RSA 541-A:19).

Expire in 180 days from their effective date, for proposed interim rules filed on or after July 1, 2000, that is, effective 7-28-00 (Document #7330) or later.

3. EMERGENCY RULES

(Adopted pursuant to RSA 541-A:18).

Expire in 180 days from their effective date, if filed and effective on or after July 1, 2000. Prior emergency rules expire in 120 days from their effective date. Unlike other rules, when an emergency rule expires, the original rule it amended or repealed comes back into effect and stays in effect until the original rule's expiration date.

4. EXPEDITED REPEALS

(Adopted pursuant to RSA 541-A:19-a).

Do not expire.

5. EXPEDITED REVISIONS TO AGENCY FORMS

(Adopted pursuant to RSA 541-A:19-c, effective 1-1-10).

Expire like regular rules.

6. EXPEDITED AMENDMENT TO INCORPORATION BY REFERENCE

(Adopted pursuant to RSA 541-A:19-d, effective 9-11-15).

Expire like regular rules.