CHAPTER Pes 200
PROCEDURAL RULES
Statutory
Authority: RSA 430:31
PART
Pes 201 DECLARATORY RULINGS
Pes 201.01 Petition For Declaratory Ruling.
(a) Any person may petition the board for a
declaratory ruling as to the applicability of RSA 430:28-50 or any rules
adopted by the board to any activity of the petitioner.
(b) The petitioner for a declaratory ruling shall
submit a typed or legibly written detailed petition signed by the petitioner
for a declaratory ruling to the board setting forth the following:
(1) The statute or rule the applicability of
which is questioned;
(2) The statutory and factual basis for the
ruling, including any supporting affidavits or memoranda of law;
(3) The interest of the petitioner and the
activity in question;
(4) A statement as to how and why the issuance of
a ruling on this subject would benefit the petitioner and public at large;
(5) Proposed findings of fact and conclusions of
law; and
(6) The name and address of the petitioner.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
Pes 201.02 Decision by Board.
(a) Within 30 days of receipt of a petition, the
board shall prepare a written declaratory ruling providing a response to the
petition; or
(b) If the petition raises legal questions that
causes the board to refer the matter to the department of justice for a legal
opinion, the board shall refer the matter to the department of justice for a
legal opinion within 30 days of receipt of the petition. Thereafter, the board shall provide a ruling
within 30 days of receipt of an opinion or other response of the department of
justice that is determinative of all legal questions.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
Pes
201.03 Return of Deficient Petitions. In the event the board determines that a
petition does not comply with Pes 201.01 or provides insufficient information upon
which to make the requested declaratory ruling, the board shall within 30 days
return the petition to the petitioner with a statement indicating the nature of
the deficiencies.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
PART Pes 202
PROCEDURES FOR APPEALS
Statutory
Authority: RSA 430:31, V.
Pes 202.01 Appeal Process.
(a) The procedures set forth in this section
shall apply to appeals to the board from a decision of the division:
(1) To deny an application for a permit or
certificate of registration;
(2) To revoke, suspend, or modify a permit or certificate
of registration;
(3) To impose an administrative fine;
(4) To issue an order; or
(5) To issue or deny a special permit.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.02 Filing the Petition for Appeal. Within 30 days of a decision of the division
granting, denying, revoking, suspending, or modifying a permit or certificate
of registration, or imposing an administrative fine, or issuing an order, any
person aggrieved by the decision of the division may file with the board a
petition for appeal. The petition for
appeal shall constitute a request for an adjudicative proceeding before the
board. A copy of the petition shall also
be filed with the division at the same time it is filed with the board. The petition for appeal shall be deemed to
have been filed on the date it is received.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes
202.03 Notice of Petition for Appeal.
(a) Appeals shall be commenced by filing a notice
of petition for appeal as specified by this section with the board.
(b) The notice of petition for appeal shall set
forth in plain language:
(1) A clear and concise statement of the relief
sought and the statutory provision under which the relief is sought;
(2) The exact legal name and address of each person
seeking the relief;
(3) The findings, conclusions, or conditions to
which the petitioner objects;
(4) The nature of the evidence or arguments to be
offered;
(5) A concise and explicit statement of the facts
upon which the board is expected to rely in granting relief; and
(6) A copy of the decision or order which is
being appealed.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes
202.04 Transmittal of Division Record.
(a) Within 20 working days of receiving a copy of
the petition for appeal, the division shall prepare and transmit to the board
and to the petitioner a certified copy of the record of the action or decision
under review.
(b) The record prepared pursuant to (a) above
shall contain, to the extent applicable:
(1) A tape recording of the oral hearing conducted
before the division, or stenographic notes or symbols prepared for the
presiding officer at the hearing;
(2) All documents, photographs, and other
evidence introduced at the oral hearing or received by the division;
(3) Any public notices issued by the division;
(4) Any motions, comments, written arguments, or
other pertinent documents received by the division; and
(5) Written responses issued by the division in
answer to specific objections and points of contention that had been raised in
the petition for appeal.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes
202.05 Notice of Appeal Hearings.
(a) The board shall issue a notice of appeal
hearing at least 30 days prior to the appeal hearing.
(b) The notice of appeal hearing shall contain:
(1) The information required by RSA 541-A:31,
III, namely:
a. A statement of the time, place and nature of
any hearing;
b. A statement of the legal authority under
which a hearing is to be held;
c. A reference to the particular statutes and
rules involved, including this chapter;
d. A short and plain statement of the issues
presented;
e. A statement that each party has the right to
have an attorney present to represent the party at the party’s expense; and
f. A statement that each party has the right to
have the agency provide a certified shorthand court reporter at the party’s
expense and that any such request be submitted in writing at least 10 days
prior to the proceeding; and
(2) A statement informing all persons of their
obligation to file a written appearance with the board as provided in Pes 202.09
in order to receive further notice of proceedings relating to the appeal and to
participate in the hearing.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #9712-A,
eff 5-11-10; ss by
#10198-A, eff 10-3-12
Pes
202.06 Place of Hearings. All hearings before the board shall be held
at the office of the division in
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes
202.07 Computation of Time. All time periods referenced in these rules
shall be calendar days. Computation of
any period of time referred to in these rules shall begin with the first day
following that on which the act which initiates such period of time
occurs. The last day of the period so
computed shall be included. If the last
day of the period so computed falls on a Saturday, Sunday, or state legal
holiday, then the time period shall be extended to include the first business
day following the Saturday, Sunday, or state legal holiday.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.08 Record of Appeal Hearing.
(a) A record of the hearing shall be kept by tape
recording. Copies of the recording shall
be provided to the public upon request and payment of the cost of the tape and
staff time to make the copy, or for staff time only if a blank tape is submitted
with the request. If any person desires
a transcript of the tape, a transcript shall be prepared provided the cost of
the transcription is paid by the person(s) requesting the transcript, who shall
be billed directly by the person preparing the transcript.
(b) The record of the appeal hearing shall
include:
(1) The petition for appeal;
(2) The record prepared by the division of the
action or decision under review;
(3) The transcript of the appeal hearing;
(4) All motions, memoranda, proposed orders, exhibits
and other written materials submitted by any party;
(5) All proposed findings of fact or conclusions
of law submitted by any party; and
(6) All rulings and decisions on the merits of
the appeal.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.09 Appearance Before the Board.
(a) Subject to (d) below, all interested persons
with standing who wish to participate in the appeal hearing or to receive
notice of the proceedings, filings or decisions shall file a written appearance
with the board.
(b) The appearance shall:
(1) Identify the name and address of the person
to whom further communication shall be sent;
(2) Specify the person’s interest in the matters
addressed by the appeal; and
(3) Specify whether the person intends to
participate in the appeal hearing or whether the person only wants to receive notice
of filings or decisions, and, if so, which filings and/or decisions.
(c) An appearance may be filed at any time before
or at the appeal hearing.
(d) The division and the appellant shall be
deemed to have filed an appearance.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.10 Intervention.
(a) Any nonparty may intervene in a matter
pending before the board by filing a motion stating facts demonstrating that
the nonparty’s rights or other substantial interests might be affected by the
appeal or that the nonparty qualifies as an intervenor under any provision of
law.
(b) If the presiding officer of the board, as
identified in Pes 202.13, determines that such intervention would be in the
interests of justice and would not impair the orderly and prompt conduct of the
appeal, he or she shall grant the motion for intervention.
(c) Participation by intervenors shall be limited
to that which is necessary to protect the interest identified in the motion for
intervention.
(d) Motions for intervention shall be filed any
time after the filing of the notice of petition for appeal, but prior to the
opening of the appeal hearing, and shall:
(1) State the movant’s interest in the subject
matter of the appeal;
(2) Identify whether the movant appears in
support of the appeal petition, or the respondent, as well as the movant’s own
interest;
(3) Identify why the interests of the parties and
the orderly and prompt conduct of the appeal hearing would not be impaired; and
(4) Identify any other reasons why the movant
should be permitted to intervene.
(e) If granted leave to intervene, the intervenor
shall take the proceeding as he or she finds it, and no portion of the appeal
hearing shall be repeated because of the fact of intervention.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.11 Representatives.
(a)
Any party to a hearing before the board may be represented by any
individual as the party may designate.
Any party who wishes to be represented shall submit to the board a
written authorization for the representation that is signed by the party and
the representative. The authorization
shall identify the name, address and telephone number of the individual who
will be representing the party, their relationship to the party and their
professional affiliation.
(b)
Nothing in this section shall be construed to permit the unauthorized
practice of law.
Source.
#5590, eff 2-25-93; ss by #6258, eff
5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.12 Failure to Appear at Appeal Hearing. If any party to whom notice has been given in
accordance with Pes 202.05 fails to appear at the appeal hearing, the board
shall declare the party to be in default and either:
(a) Dismiss the case, if the party with the
burden of proof fails to appear; or
(b) Hear the testimony and receive the evidence
offered by a party, if that party has the burden of proof in the case.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.13 Presiding Officer.
(a) The presiding officer at any appeal hearing
held by the board shall be the chairman or his designee.
(b) The presiding officer shall:
(1) Regulate the course of the hearing;
(2) Rule upon issues of evidence;
(3) Rule upon issue of procedure;
(4) Administer oaths and affirmations;
(5) Take official notice of facts in accordance
with RSA 541-A:33,V; and
(6) Question witnesses.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes
202.14 Opening of the Hearing. The presiding officer shall open the appeal
hearing by describing in general terms the purpose of the hearing and the
general procedures governing its conduct, and shall then proceed in
accordance with this part.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.15 Testimony.
(a) All testimony of parties and witnesses at an
appeal hearing shall be made under oath or affirmation.
(b) Any person testifying before the board shall
state for the record his or her name, address, and if a representative of a
party, the identity of the party so represented.
(c) Testimony by parties, intervenors and their
witnesses shall be offered in the following order:
(1) The party requesting the hearing and such
witnesses as the party may call;
(2) Division staff, and such witnesses as the
division may call;
(3) Representatives of other federal, state, or
local agencies having jurisdiction over the subject matter of the hearing; and
(4)
Intervenors pursuant to RSA 541-A:32.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes
202.16 Cross-Examination. The presiding officer, members of the board,
and legal counsel to the board may cross-examine witnesses during or at the
conclusion of testimony of each witness to develop a complete record for
decision. Other parties or their
representatives shall have an opportunity to cross-examine witnesses. Cross-examination shall be by asking
questions directly of the witnesses.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes
202.17 Conduct of Parties and
Representatives. In the interest of
order and decorum, if the presiding officer determines that cross-examination
is disruptive to the orderly conduct of the proceedings, the presiding officer
shall require cross-examination to be conducted indirectly, by addressing
questions through the presiding officer.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.18 Evidence.
(a) The rules of evidence shall not apply.
(b) Evidence which is relevant and material to
the subject matter of the hearing shall be admissible. Evidence which is irrelevant, immaterial or
unduly repetitious shall be excluded.
The experience, technical competence, and specialized knowledge of the
board members, if relevant, may be used in the evaluation of all evidence
submitted to the board.
(c) Whenever necessary for a full and fair
consideration of the appeal, the presiding officer shall take official notice
of relevant laws, official rules and transcripts of other hearings, generally
recognized facts of common knowledge to the public at large, and physical,
technical, or scientific facts within his or her specialized knowledge. The final decision of the board shall include
those facts of which official notice was taken, unless those facts are included
in the transcript of the record.
(d) All documents, materials, and objects offered
in evidence as exhibits shall be marked by the offering party or intervenor
with the docket number and shall, if accepted, be numbered or otherwise
identified in a sequential manner.
Documentary evidence shall be received in the form of copies or excerpts
if the original is not available. Any
person offering any documentary or photographic evidence shall provide the
board with 15 copies of such documents or photographs.
(e) All written testimony and documents, materials,
and objects admitted into evidence shall be made available during the course of
the hearing for public examination. All
such evidence shall also be available at the board's office in
(f) In any proceeding involving an application,
the application filed with the division, including exhibits and amendments
thereto, shall be placed into evidence by the division.
(g) All objections to rulings of the presiding
officer regarding evidence or procedure and the grounds therefore shall be
timely stated during the course of the hearing.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.19 Burden of Proof.
(a) The party asserting the affirmative of a
proposition shall have the burden of proving the truth of that proposition by a
preponderance of the evidence.
(b) Without limiting the generality of Pes
202.19(a), all moving parties and all petitioners shall have the burden to show
that their motion or petition should be granted.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes
202.20 Close of Record. After the conclusion of the hearing, no other
evidence, shall be allowed into the record.
Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96;
ss by #8058, eff 5-30-04; ss by #10198-A,
eff 10-3-12
Pes 202.21 Continuance.
(a) Any party or intervenor may request that a
hearing conducted pursuant to this part be continued and reconvened or
rescheduled for reasonable cause, including the following:
(1) Unavailability of an individual party,
representative or critical witness; and
(2) Other uncontrollable situations such as
illness, accident or extreme weather conditions.
(b) Requests for a continuance made prior to a
hearing shall be in writing and shall state the reason for the request.
(c) Requests for a continuance made at a hearing
may be made orally and shall be entered in the record of the hearing.
(d) If the board determines that reasonable cause
exists and that no other party or intervenor will be prejudiced by the delay,
the board shall grant the request.
(e) All orders for continuance shall specify the
time and place at which such hearings shall be reconvened.
(f) If the later date, time and place are known
at the time of the hearing that is being postponed, the date, time and place
shall be stated on the record. If the
later date, time and place are not known at the time of the hearing that is
being postponed, the presiding officer shall issue a written scheduling order
to the party or intervenor pursuant to (a) above, stating the date, time and
place of the postponed hearing as soon as practicable.
Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
Pes
202.22 Recess and Adjournment. The board shall, from time to time, at the
request of any party or on its own initiative, recess, adjourn, and continue
any hearing as shall be necessary for the orderly conduct of the proceeding.
Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
Pes
202.23 Reopening the Record. At any time prior to a final decision on the
appeal, any party or intervenor may request the presiding officer to reopen the
record to consider testimony, evidence or arguments not previously submitted or
raised. If the presiding officer
determines that such testimony, evidence or arguments are necessary to a full
consideration of the subject matter of the appeal, the record shall be reopened
to accept the offered items. The
presiding officer shall give written notice of the acceptance into the record
of the offered items to all parties and intervenors of record if the
parties and intervenors are no longer present. The presiding officer shall also set a time
within which other parties and intervenors may respond to or rebut the
items made part of the record and a time within which all parties and
intervenors may cross examine the witnesses.
Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
Pes 202.24 Decisions.
(a) A decision on the appeal shall be made only
after full consideration of the record, and shall be made pursuant to Pes
201.02.
(b) A board member shall not participate in
making a decision unless he or she personally heard the testimony in the
appeal, or unless the appeal’s disposition does not depend on the credibility
of any witness and the record provides a reasonable basis for evaluating the
testimony.
(c) If a presiding officer has been delegated the
authority to conduct an appeal hearing in the absence of a majority of the
board, the presiding officer shall submit written recommendations to the board
for a decision, which shall contain the following:
(1) The subject of the hearing, including
identification of the relevant statute(s) and rule(s);
(2) The names and addresses of all parties to the
appeal;
(3) The names and affiliations of all individuals
who testified at the hearing either orally or in writing and a summary of the
testimony received at the hearing;
(4) A description and discussion of all other
evidence presented;
(5) Proposed findings of fact and conclusions of law,
including proposed rulings on any proposed findings of fact and rulings of law
submitted by the parties; and
(6) A recommended decision.
(d) After reviewing the record and any written
recommendation for decision, the board shall issue a written decision to all
parties that:
(1) Summarizes the nature of the appeal;
(2) States the decision;
(3) States the findings of fact and conclusions
of law upon which the decision is based; and
(4) If proposed findings of fact and conclusions
of law were submitted, states the rulings made on the proposals.
Source. #6834, eff 8-26-98; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
Pes 202.25 Motion for Rehearing.
(a) Parties and intervenors may file with the
board a motion for rehearing within 30 days of the date of the decision issued
by the board pursuant to Pes 202.24.
(b) A motion for rehearing shall:
(1) Identify each error of fact, error of reasoning
or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the board’s
decision to be unlawful or unreasonable, or illegal in respect to jurisdiction,
authority or observance of the law, an abuse of discretion or arbitrary
unreasonable or capricious;
(3) State concisely the factual findings,
reasoning or legal conclusion proposed by the moving party; and
(4) Include any
argument or memorandum of law the moving party wishes to file.
(c)
The burden of proof shall be on the moving party to show by preponderance of
the evidence that the board’s decision was unlawful or unreasonable.
(d) A motion for rehearing on an appeal shall be
granted if it demonstrates that the board’s decision is unlawful or unreasonable.
(e) The board shall grant or deny a motion for
rehearing, or suspend the order or decision pending further consideration
within 10 days of the filing of the motion for rehearing.
Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12
Pes
202.26 Waiver of Rules. Any party or intervenor may request the board
to waive the application of certain rules pursuant to Pes 202. Requests made prior to or subsequent to a
hearing shall be made in writing and shall state the basis for the
request. Requests made at a hearing may
be made orally, stating the basis for the request, and shall be entered into
the record. If no other party or
intervenor objects to the waiver and the interests of other parties or
intervenors to the proceeding will not be prejudiced by the waiver, the board
shall grant the request.
Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12
PART
Pes 203 RULEMAKING HEARINGS
Pes
203.01 Public Notice of Rulemaking
Hearing. The board shall cause to be
published in the New Hampshire Rulemaking Register a notice of its intent to
conduct a rulemaking hearing pursuant to RSA 541-A:6.
Source. #4308, eff 9-1-87; ss by #4867, eff 7-19-90;
ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12
Pes 203.02 Presiding Officer. The presiding officer shall:
(a) Maintain order during the rulemaking hearing,
and order any person causing disorder or a disruption to the orderly conduct of
the hearing to leave the hearing room;
(b) Recognize speakers who have represented that
they wish to speak;
(c) Receive all written comment that is submitted
during the course of a hearing; and
(d) Adjourn the hearing.
Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12
Pes
203.03 Conduct of the Rulemaking
Hearing. The hearing shall proceed
as follows:
(a) The presiding officer shall make opening
remarks;
(b) Individuals generally supporting the
adoption, amendment or repeal of the rule shall be recognized by the presiding
officer to provide comment;
(c) Individuals generally objecting to the
adoption, amendment or repeal of the rule shall be recognized by the presiding
officer to provide comment;
(d) After all persons wishing to comment have
been heard, the presiding officer shall receive any written comment not
previously submitted to the board; and
(e)
After all written comment has been collected, the presiding officer
shall make closing remarks and adjourn the hearing.
Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12
Pes 203.04 Oral Comment. Any individual wishing to speak on the
adoption, amendment or repeal of a rule may make oral comment relative to such
rule at the rulemaking hearing.
Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12
Pes 203.05 Written Comment.
(a) Any individual may submit written comment by
either print or electronic media to the board pertaining to the adoption,
amendment or repeal of a rule.
(b) All written comment by either print or
electronic media relative to proposed rulemaking shall be submitted to the
board in accordance with the notice of rulemaking, which shall set forth a
deadline for receiving written comment.
Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12
PART Pes
204 RULEMAKING PETITIONS
Pes 204.01 Rulemaking Petitions.
(a) A person may request the adoption, amendment,
or repeal of a board rule by filing an original and 2 copies of a rulemaking
petition with the board.
(b) A rulemaking petition filed with the board
shall include the following:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A statement of the justification for the
adoption, amendment, or repeal of a rule;
(4) Any supporting data, information, exhibits,
illustrations, or other documentation;
(5) The identification of any statutes, rules,
orders, or other legal authority which support the petition; and
(6) A draft of the proposed rule.
Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
Pes 204.02 Incomplete Rulemaking Petitions.
(a) The board shall notify the petitioner of any
deficiencies in the petition within 15 days of the submission of a petition to
adopt, amend, or repeal a rule.
(b)
Any corrected petition which is filed with the board shall be deemed to
be the first submission of the petition for the purposes of applicable
deadlines.
Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
Pes 204.03 Action on Rulemaking Petition.
(a) Within 30 days after the submission of a
rulemaking petition, the board shall either grant or deny the petition.
(b) The board shall:
(1) Notify the petitioner in writing of a
decision to deny the petition with all the reasons for the denial clearly
stated; or
(2) Notify the petitioner in writing of a
decision to grant the petition, and commence rulemaking proceedings by
requesting a fiscal impact statement pursuant to RSA 541-A:5 within 120 days of
receipt of the petition and continuing the proceeding in accordance with the
applicable provisions of RSA 541-A:3.
(c) Any denial shall be based upon a finding by
the board that, among other things:
(1) The petition for rule or amendment or repeal
of an existing rule would not be consistent with established standards for the
control of pesticides by the board;
(2) The petition lacks rulemaking authority; or
(3) The petition is contrary to legislative
intent.
Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
PART Pes 205
EXPLANATION AFTER ADOPTION
Pes
205.01 Explanation after Adoption.
(a) Any person may request an explanation
regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a
request to the board.
(b) The request shall be considered at the next
scheduled board meeting and the board shall issue a response within 45 days
after consideration.
Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04;
ss by #10198-A, eff 10-3-12
APPENDIX
Rule |
|
|
|
Pes 201.01 - Pes 201.03 |
RSA 430:31, V |
Pes 202.01 - Pes 202.24 |
RSA 430:31, IV(m) |
Pes 203.01 - Pes 203.05 |
RSA 430:31, II |
Pes 204.01 - Pes 204.03 |
RSA 430:31, V |
Pes 205.01 |
RSA 541-A:11 |