PROCEEDINGS IN SPECIAL CASES
ADMINISTRATIVE PROCEDURE ACT
541-A:19-a Expedited Repeal of Rules.
I. An agency may repeal any rules using the expedited procedures of this section and without meeting the requirements of RSA 541-A:5-7 and RSA 541-A:9-14 if:
(a) The proposed repeal has been approved by the official or the group of individuals with rulemaking authority.
(b) The rule proposed for repeal encompasses at least a full rules section, as described in the drafting and procedure manual for administrative rules pursuant to RSA 541-A:8.
(c) The repeal is not being proposed for purposes of being superseded later by adoption of a new rule with a text amended from the repealed rule.
(d) The repeal of the rule pursuant to this section does not deprive a person of any right, duty, or privilege of that person which is protected by the due process provisions of the state or federal constitutions.
II. Notice of an agency's intent to repeal a rule shall include:
(a) The name and address of the agency.
(b) The statutory rulemaking authority for the rule.
(c) The rule number and title.
(d) An explanation of the reason for the proposed repeal.
(e) The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the proposed repeal and to arrange for reasonable accommodation for persons with disabilities wishing to attend the public comment hearing.
(f) The date, time, and location of the public comment hearing.
III. The notice required by paragraph II shall be filed with the director of legislative services for publication in the rulemaking register.
IV. The agency shall file the text of the rule to be repealed with the notice filed pursuant to paragraph III.
V. There shall be a public comment hearing on the proposed repeal no sooner than 7 calendar days after the date of publication of the notice in the rulemaking register. There shall be a period for the submission to the agency of written or electronic public comment ending no sooner than the 3rd calendar day after the date of the public comment hearing. Copies of the text of the rules subject to repeal shall be available at the public comment hearing.
VI. If on the basis of public comment the official or the group of individuals with rulemaking authority determines that the rule should not be repealed, the agency shall so notify the director of legislative services and the rule shall not be repealed.
VII. The proposed repeal shall be placed on the agenda of the committee for review at the first regularly scheduled or special meeting at least 5 calendar days after the close of the period for written or electronic comment described in paragraph V. The committee may approve or object to the repeal. The committee may object to the repeal if the repeal is:
(a) Beyond the authority of the agency;
(b) Contrary to the intent of the legislature; or
(c) Deemed by the committee not to meet the requirements of paragraph I.
VIII. If the committee objects to the repeal, the repeal shall not be adopted. The committee's objection shall not preclude the agency from repealing the rule by meeting the requirements of RSA 541-A:3.
IX. If the committee approves the repeal, the agency may adopt the repeal and file a statement of the repeal with the director of legislative services. The repeal shall be effective as of 12:01 a.m. on the day after filing of the statement or as of 12:01 a.m. on the date specified by the agency, or such other date and time as specified, provided that the filing occurs before such effective date and time.
Source. 2004, 180:8, eff. June 1, 2004. 2009, 232:3, eff. Jan. 1, 2010.