PROCEEDINGS IN SPECIAL CASES
ADMINISTRATIVE PROCEDURE ACT
541-A:14-a Extension of Currently Effective Rules Pending Readoption.
I. If an agency files a notice pursuant to RSA 541-A:6 to readopt existing rules, with or without amendments, the currently effective rules in the filing which would otherwise expire prior to the completion of the readoption of the rules by the agency shall continue in effect until the proposed rules are adopted and effective.
II. If, after filing a notice pursuant to paragraph I, an agency fails to file a final proposal by the deadline specified in RSA 541-A:12, fails to file a response to objection as specified in RSA 541-A:13, or fails to adopt and file the proposed rule as specified in paragraph III, the existing rules which would otherwise expire prior to the completion of the readoption of the rules by the agency shall expire 30 days after such deadline unless the agency has obtained a waiver of the deadline pursuant to RSA 541-A:40, IV(a). If the agency has obtained a waiver to a deadline, such existing rules shall expire 30 days after the deadline established pursuant to RSA 541-A:40, IV(b) if the required action is not taken.
III. If rules are extended pursuant to this section, the agency shall:
(a) Adopt and file the proposed rules as required by RSA 541-A:14, III no later than 30 days after the date on which the agency is allowed to adopt the rules under RSA 541-A:14, I; and
(b) File the rules as required by RSA 541-A:14, III with an effective date that is not more than 60 days from the date of filing, except that an agency may specify an effective date that is more than 60 days from the date of filing if a waiver is obtained pursuant to RSA 541-A:40.
Source. 2011, 252:8, eff. Sept. 11, 2011. 2015, 234:6, eff. Sept. 11, 2015.