CULTURAL RESOURCES, DEPARTMENT OF

DIVISION OF HISTORICAL RESOURCES

#10217* Adopt Cul-H 100 Organizational Rules (eff 10-30-12) DO NOT EXPIRE

#10218* Adopt Cul-H 201-204 Procedural Rules (eff 10-30-12) DO NOT EXPIRE

#10219* Adopt Cul-H 205 & 206 Explanation After Adoption and Waiver of Rules – 8-year rules (eff 10-30-12)

NOTE:

The Department of Cultural Resources was abolished pursuant to 2017, 156:37, LIV, effective 7-1-17, which repealed RSA 21-K. The Department of Resources and Economic Development was abolished pursuant to 2017, 156:15, effective 7-1-17, which amended the establishment clause RSA 12-A:1 to delete the reference to the Department of Resources and Economic Development and establish the Department of Natural and Cultural Resources. Various other sections in 2017, 156, effective 7-1-17, either amended other statutes besides RSA 12-A:1 to refer to the Department of Natural and Cultural Resources, or they repealed statutes which had referred to the Department of Resources and Economic Development or the Department of Cultural Resources.

All functions of the former Department of Cultural Resources were transferred pursuant to 2017 156:15 and 2017, 156:27, effective 7-1-17, from the Department of Cultural Resources to the Department of Natural and Cultural Resources. There were no existing rules numbered “Cul” of the Department of Cultural Resources by 7-1-17, only those numbered “Cul-H” for the Department’s Division of Historical Resources.

See the filing history for the Department of Natural and Cultural Resources for all subsequent filings formerly under the authority of the Department of Cultural Resources or its Division of Historical Resources.

NOTE ON EXPIRATION:

Cul-H 100 and Cul-H 201-204 expired on 7-1-18 pursuant to RSA 541-A:17, II because the statutory changes in 2017, 156, effective 7-1-17, rendered these otherwise non-expiring organizational rules and practice and procedure rules inaccurate, and the rules expired one year later. Cul-H 205 and Cul-H 206 remain in effect and are not scheduled to expire until 10-30-20.

When Cul-H 100, Cul-H 201-204, and Cul-H 205-206 were filed 11-5-09 as proposed rules, regular rules were effective for 8 years under RSA 541-A:17, I, except for organizational rules like Cul-H 100 and specific areas of practice and procedure rules under RSA 541-A:17, II like Cul-H 201-204 which did not expire provided that the Joint Legislative Committee on Administrative Rules had approved them and a statute did not render them inaccurate. The subjects of Cul-H 205 and Cul-H 206 were 8-year rules. See 2000, 218:5 and the applicability clause in 2000, 288:25, effective 7-1-00, that governed Cul-H 100 and Cul-H 200. For the version of RSA 541-A:17, I in effect as of 7-1-17, see 2011, 252:10 and its applicability clause in 2011, 252:17, effective 9-11-11. For the version of RSA 541-A:17, II in effect as of 7-1-17, which allows the New Hampshire Drafting and Procedure Manual to specify which practice and procedure rules are non-expiring, see 2011, 89:1, effective 7-26-11.