[Paragraph I effective until January 1, 2027; see also paragraph I set out below.]
I. An agency may proceed to adopt an emergency rule if it finds either that an imminent peril to the public health or safety requires adoption of a rule with less notice than is required under RSA 541-A:6 or that substantial fiscal harm to the state or its citizens could occur if rules are not adopted with less notice than is required under RSA 541-A:6. The rule may be adopted without having been filed in proposed or final proposed form and may be adopted after whatever notice and hearing the agency finds to be practicable under the circumstances. The agency shall make reasonable efforts to ensure that emergency rules are made known to persons who may be affected by them.
[Paragraph I effective January 1, 2027; see also paragraph I set out above.]
I. An agency may proceed to adopt an emergency rule if it finds either that an imminent peril to the public health or safety requires adoption of a rule with less notice than is required under RSA 541-A:6 or that substantial fiscal harm to the state or its citizens could occur if rules are not adopted with less notice than is required under RSA 541-A:6. The text of an emergency rule filed under this section shall encompass at least a full rules section, as described in the drafting and procedure manual. The rule may be adopted without having been filed in proposed or final proposed form and may be adopted after whatever notice and hearing the agency finds to be practicable under the circumstances. The agency shall make reasonable efforts to ensure that emergency rules are made known to persons who may be affected by them.
[Paragraph II effective until January 1, 2027; see also paragraph II set out below.]
II. Notwithstanding RSA 541-A:16, III, emergency rules adopted under this section shall not remain in effect for more than 180 days from the date and time of filing with the director of legislative services. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule, but it shall not adopt the same emergency rule when the emergency rule expires.
[Paragraph II effective January 1, 2027; see also paragraph II set out above.]
II. Notwithstanding RSA 541-A:16, III, emergency rules adopted under this section shall be effective upon filing and shall not remain in effect for more than 180 days from the date and time of filing with the director of the division of administrative rules for the office of legislative services. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule, but it shall not adopt the same emergency rule when the emergency rule expires.
[Paragraph III effective until January 1, 2027; see also paragraph III set out below.]
III. Emergency rules adopted under this section shall include:
(a) The name and address of the agency.
(b) The statutory authority for the rule.
(c) Whether the intended action is an adoption, amendment, or repeal.
(d) The rule number and title.
(e) A signed and dated statement by the adopting authority explaining the nature of the basis for the emergency rule, including an explanation of the effect upon the state if the emergency rule were not adopted.
(f) A listing of people, enterprises, and government agencies affected by the rule.
(g) The name, address, and telephone number of an individual in the agency able to answer questions on the emergency rule.
[Paragraph III effective January 1, 2027; see also paragraph III set out above.]
III. Emergency rules adopted under this section shall include:
(a) The name and address of the agency;
(b) The statutory authority for the rule;
(c) Whether the intended action is an adoption of a new rule, or an amendment to or repeal of an existing rule;
(d) The rule number and title;
(e) A signed and dated statement by the adopting authority explaining the nature of the basis for the emergency rule, including an explanation of the effect upon the state or its citizens if the emergency rule were not adopted;
(f) A listing of people, enterprises, and government agencies affected by the rule; and
(g) The name, address, and telephone number of an individual in the agency able to answer questions on the emergency rule.
[Paragraph IV effective until January 1, 2027; see also paragraph IV set out below.]
IV. Emergency rules adopted under this section shall not be adopted solely to avoid the time requirements of this chapter. The committee may petition the adopting agency to repeal the rule if it determines that the statement of emergency required by RSA 541-A:18, III(e) is inadequate and does not demonstrate that the rule is necessary to prevent an imminent peril to the public health or safety.
[Paragraph IV effective January 1, 2027; see also paragraph IV set out above.]
IV. Emergency rules adopted under this section shall not be adopted solely to avoid the time requirements of this chapter. The committee may petition the adopting agency to repeal the rule if it determines that the statement of emergency required by RSA 541-A:18, III(e) is inadequate and does not demonstrate the rule is necessary to prevent an imminent peril to the public health or safety or that substantial fiscal harm to the state or its citizens could occur.
V. Effective rules which are amended or repealed by adoption of an emergency rule shall again be effective in their original form upon expiration of the emergency rule.
VI. An agency may repeal an emergency rule by filing a statement with the director of legislative services which includes:
(a) The name and address of the agency.
(b) The rule number and title.
(c) The effective date of the repeal.
(d) The name, address, and telephone number of an individual within the agency able to answer questions about the repeal.
(e) An explanation of why the rule is being repealed.
Source. 1994, 412:1. 2000, 288:16, eff. July 1, 2000. 2011, 252:11, 12, eff. Sept. 11, 2011. 2026, 254:23, eff. Jan. 1, 2027.