TITLE LV
PROCEEDINGS IN SPECIAL CASES

CHAPTER 541-A
ADMINISTRATIVE PROCEDURE ACT

Section 541-A:6


[RSA 541-A:6 effective until Jan. 1, 2027; see also RSA 541-A:6 set out below.]
    541-A:6 Notice of Rulemaking Proceedings. –
I. The agency shall give at least 20 days' notice of its intent to hold a public hearing and shall also give notice of the cut-off date for the submission of written testimony pursuant to RSA 541-A:11, I, on any proposed adoption, readoption, readoption with amendment, or repeal of a rule. The notice periods shall begin on the day after the date of publication in the rulemaking register. The notice shall be in such form as the director of legislative services shall prescribe and 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, repeal, readoption, or readoption with amendment.
(d) The rule number and title.
(e) The date, time, and physical location, if applicable, of the first agency public hearing, the cut-off date for the submission of written materials to the agency and, if practicable for the agency, the format for submitting materials electronically.
(f) If existing rules are being readopted, or readopted with amendment, a concise summary of the existing rules and any proposed amendments, and if the proposed rules are being adopted, a concise summary of the proposed rules.
(g) A listing of people, enterprises, and government agencies affected by the rule.
(h) The name, mailing address, telephone number, and e-mail address of an individual in the agency able to answer questions on the proposed rule.
(i) The fiscal impact statement completed by the legislative budget assistant.
(j) A statement, with adequate details and supporting data, that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a.
(k) If the agency provides for a virtual or hybrid hearing consistent with RSA 91-A and RSA 541-A:11, I(d), the necessary information for accessing the meeting electronically, and a mechanism for the public to alert the agency during the hearing if there are problems with access.
II. The director of legislative services may refuse to publish a notice if the director determines that the notice does not conform to the requirements of the drafting and procedure manual under RSA 541-A:8.
III. The agency shall send notice to the director of legislative services, to all persons regulated by the proposed rules who hold occupational licenses issued by the agency, and to all persons who have made timely request for advance notice of rulemaking proceedings. Upon request the agency shall send notice to the president of the senate, to the speaker of the house of representatives, and to the chairpersons of the legislative committees having jurisdiction over the subject matter. Notice shall be made not less than 20 days before the first agency public hearing required by RSA 541-A:11, I. Notice to occupational licensees shall be by U.S. Mail, electronically, agency bulletin or newsletter, public notice advertisement in a publication of daily statewide circulation, or in such other manner that is reasonably calculated to inform such licensees of the proposed rulemaking. The committee may identify additional methods of notifying occupational licensees that are deemed sufficient.
[RSA 541-A:6 effective Jan. 1, 2027; see also RSA 541-A:6 above.]
    541-A:6 Notice of Rulemaking Proceedings. –
I. An agency shall provide notice of its intent to undertake rulemaking at least 20 days prior to holding the first public hearing, pursuant to RSA 541-A:11, I, on any proposed adoption, readoption, readoption with amendment, or repeal of a rule. The notice periods shall begin on the day after the date of publication in the rulemaking register. The notice shall be in such form as the director of the division of administrative rules for the office of legislative services shall prescribe and 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, repeal, readoption, or readoption with amendment;
(d) The rule number and title;
(e) The date, time, and physical location or electronic access, as applicable, of the first agency public hearing, the cut-off date for the submission of written materials to the agency and, if practicable for the agency, the format for submitting materials electronically;
(f) A concise summary of any proposed rules, or if the rules are being readopted with amendment, a concise summary of the existing rules and any amendments to the rules;
(g) A listing of people, enterprises, and government agencies affected by the rule;
(h) The name, mailing address, telephone number, and e-mail address of an individual in the agency able to answer questions on the proposed rule;
(i) The fiscal impact statement completed by the legislative budget assistant;
(j) A statement, with adequate details and supporting data, that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a; and
(k) If the agency provides for a virtual or hybrid hearing consistent with RSA 91-A and RSA 541-A:11, I(d), the necessary information for accessing the hearing electronically, and a mechanism for the public to alert the agency during the hearing if there are problems with access.
II. The director of the division of administrative rules for the office of legislative services may refuse to publish a notice if the director determines that the notice does not conform to the requirements of the drafting and procedure manual under RSA 541-A:8.
III. An agency shall send notice to the director of the division of administrative rules for the office of legislative services, to all persons regulated by the proposed rules who hold occupational licenses issued by the agency, to the chairpersons of the legislative committees having jurisdiction over the subject matter, and to all persons who have made timely request for advance notice of rulemaking proceedings. Upon request the agency shall send notice to the president of the senate and to the speaker of the house of representatives. Notice to occupational licensees shall be by U.S. Mail, electronically, agency bulletin or newsletter, public notice advertisement in a publication of daily statewide circulation, or in such other manner that is reasonably calculated to inform such licensees of the proposed rulemaking.

Source. 1994, 412:1. 1998, 213:1. 2000, 288:7. 2006, 145:4, eff. July 21, 2006. 2011, 252:1, 2, eff. Sept. 11, 2011. 2012, 247:37, eff. Aug. 17, 2012. 2020, 37:70, eff. Sept. 27, 2020. 2023, 125:3, eff. Aug. 29, 2023. 2026, 254:11, eff. Jan. 1, 2027.