PROCEEDINGS IN SPECIAL CASES
ADMINISTRATIVE PROCEDURE ACT
541-A:19-c Revisions to Forms; Expedited Procedure.
I. An agency may make editorial changes to a previously adopted form without following the procedures required in RSA 541-A:19-b, in this section, or in RSA 541-A:3.
II. An agency may revise a form as defined in RSA 541-A:1, VII-a without meeting the requirements of RSA 541-A:5-7 and RSA 541-A:9-14 either in accordance with RSA 541-A:19-b or by providing notice and adopting the form in accordance with paragraphs III through VII.
III. Notice of an agency's intent to adopt a form or amendment to a form shall include:
(a) The name and address of the agency.
(b) The statutory authority for the form.
(c) An explanation of the reason for the proposed adoption or amendment of a form.
(d) The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the proposed form.
(e) The deadline for receipt by the agency of written or electronic public comment, which shall be no sooner than the 7th calendar day after the date of publication of the notice in the rulemaking register.
IV. The notice required by paragraph III shall be filed with the director of legislative services for publication in the rulemaking register. A copy of the form to be adopted shall be filed with the notice.
V. If on the basis of public comment the official or the group of individuals with rulemaking authority determines that the form should not be adopted, the agency shall so notify the director of legislative services and the form shall not be adopted.
VI. The proposed form 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 subparagraph III(e). The committee may approve or object to the form. The committee may object to the adoption of the form if the form 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 this section.
VII. Subsequent review and adoption of the form shall be as provided in RSA 541-A:13 for final proposed rules.
Source. 2009, 232:4, eff. Jan. 1, 2010.