reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-C - Vacation or Recreational Rental Units › Section 540-C:1 - Covered Units.

540-C:1 Covered Units. –
This chapter shall apply to all dwelling units which are:
I. Rented for recreational or vacation use at least one month out of the year; and
II. Rented for residential purposes by persons who have no other residence, during part or all of the non-recreational or vacation period.
Source.
2006, 312:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-C - Vacation or Recreational Rental Units › Section 540-C:2 - Lease Required.

540-C:2 Lease Required. –
In order to evict an occupant from a dwelling unit covered by this chapter without fulfilling the requirements of RSA 540, the owner or the owner's authorized agent and the tenant shall sign a lease which:
I. States the date by which the tenant shall vacate the premises; and
II. Informs the tenant that if he or she remains on the premises after the expiration of the lease without the written permission of the owner or the owner's authorized agent, the tenant may be removed from the premises by a law enforcement officer without any judicial process.
Source.
2006, 312:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-C - Vacation or Recreational Rental Units › Section 540-C:3 - Removal Upon Expiration of Lease.

540-C:3 Removal Upon Expiration of Lease. –
Any law enforcement officer of this state, upon presentation of the expired lease by the owner or the owner's authorized agent, shall remove the occupants from the dwelling unit. Upon removal the occupants shall be deemed to have abandoned his or her rights of occupancy and the owner may then make such unit available to other occupants.
Source.
2006, 312:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 540-C - Vacation or Recreational Rental Units › Section 540-C:4 - Civil Penalty.

540-C:4 Civil Penalty. –
Any person who directs a law enforcement officer to remove a tenant from a dwelling unit covered by this chapter without complying with RSA 540-C:3, or misrepresents to a law enforcement officer that the unit is a covered unit under this chapter shall be liable to any tenant who is involuntarily removed from the unit by the law enforcement officer in an amount equivalent to 3 months rent, plus costs and attorneys fees.
Source.
2006, 312:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:1 - Definition.

541:1 Definition. –
The word "commission" as here used means the public utilities commission, the milk sanitation board, or any state department or official concerning whose decision a rehearing or appeal is sought in accordance with the provisions of this chapter.
Source.
RL 414:1. RSA 541:1. 1989, 138:8. 1996, 228:103, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:2 - Uniform Procedure.

541:2 Uniform Procedure. –
When so authorized by law, any order or decision of the commission may be the subject of a motion for rehearing or of an appeal in the manner prescribed by the following sections.
Source.
RL 414:2.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:3 - Motion for Rehearing.

541:3 Motion for Rehearing. –
Within 30 days after any order or decision has been made by the commission, any party to the action or proceeding before the commission, or any person directly affected thereby, may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion all grounds for rehearing, and the commission may grant such rehearing if in its opinion good reason for the rehearing is stated in the motion.
Source.
1913, 145:18. PL 239:1. 1937, 107:14; 133:75. RL 414:3. RSA 541:3. 1994, 54:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:4 - Specifications.

541:4 Specifications. –
Such motion shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from any order or decision of the commission shall be taken unless the appellant shall have made application for rehearing as herein provided, and when such application shall have been made, no ground not set forth therein shall be urged, relied on, or given any consideration by the court, unless the court for good cause shown shall allow the appellant to specify additional grounds.
Source.
1913, 145:18. PL 239:2. 1937, 107:15; 133:76. RL 414:4.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:5 - Action on Motion.

541:5 Action on Motion. –
Upon the filing of such motion for rehearing, the commission shall within ten days either grant or deny the same, or suspend the order or decision complained of pending further consideration, and any order of suspension may be upon such terms and conditions as the commission may prescribe.
Source.
1913, 145:18. PL 239:3. 1937, 107:16; 133:77. RL 414:5.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:6 - Appeal.

541:6 Appeal. –
Within thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the decision on such rehearing, the applicant may appeal by petition to the supreme court.
Source.
1913, 145:18. PL 239:4. 1937, 107:17; 133:78. RL 414:6.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:7 - Petition.

541:7 Petition. –
Such petition shall state briefly the nature of the proceeding before the commission, and shall set forth the order or decision complained of, and the grounds upon which the same is claimed to be unlawful or unreasonable upon which the petitioner will rely in the supreme court.
Source.
1913, 145:18. PL 239:5. 1937, 107:18; 133:79. RL 414:7.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:8 - Parties.

541:8 Parties. –
Any person or corporation whose rights may be directly affected by said appeal may appear and become a party, or the court may order such persons and corporations to be joined as parties as justice may require.
Source.
1913, 145:18. PL 239:6. 1937, 107:19; 133:80. RL 414:8.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:9 - Notice to Commission.

541:9 Notice to Commission. –
Upon the filing of an appeal, the clerk of court shall issue an order of notice requiring the commission to file with the court a certified copy of the record in the proceeding, together with such of the evidence introduced before or considered by the commission as may be specified by any party in interest, as well as such other evidence, so introduced and considered, as the commission may deem proper to certify, together with the originals or copies of all exhibits introduced in evidence before the commission.
Source.
1913, 145:18. PL 239:7. 1937, 107:20; 133:81. RL 414:9.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:10 - Other Notice.

541:10 Other Notice. –
Such notice as the court may order shall also be given to persons and corporations who were parties to the proceeding before the commission, or who may be ordered joined by the court.
Source.
1913, 145:18. PL 239:8. 1937, 107:21; 133:82. RL 414:10.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:11 - Fees for Copies.

541:11 Fees for Copies. –
The commission shall collect from the party making the appeal a fee of ten cents per folio of one hundred words for the copy of the record and such testimony and exhibits as shall be transferred, and five cents per folio for manifold copies, and shall not be required to certify the record upon any such appeal, nor shall said appeal be considered, until the fees for copies have been paid.
Source.
1915, 99:3. PL 239:9. 1937, 107:22; 133:83. RL 414:11.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:12 - Argument.

541:12 Argument. –
Upon the filing of said copy of the record, evidence, and exhibits, the case shall be in order for argument at the next regular session of the court, unless the same be postponed for good cause shown.
Source.
1913, 145:18. PL 239:10. 1937, 107:23; 133:84. RL 414:12.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:13 - Burden of Proof.

541:13 Burden of Proof. –
Upon the hearing the burden of proof shall be upon the party seeking to set aside any order or decision of the commission to show that the same is clearly unreasonable or unlawful, and all findings of the commission upon all questions of fact properly before it shall be deemed to be prima facie lawful and reasonable; and the order or decision appealed from shall not be set aside or vacated except for errors of law, unless the court is satisfied, by a clear preponderance of the evidence before it, that such order is unjust or unreasonable.
Source.
1913, 145:18. PL 239:11. 1937, 107:24; 133:85. RL 414:13.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:14 - Additional Evidence.

541:14 Additional Evidence. –
No new or additional evidence shall be introduced in the supreme court, but the case shall be determined upon the record and evidence transferred, except that in any case, if it shall be necessary in order that no party shall be deprived of any constitutional right, or if the court shall be of the opinion that justice requires the reception of evidence of facts which have occurred since the hearing, or which by reason of accident, mistake, or misfortune could not have been offered before the commission, it shall remand the case to the commission to receive and consider such additional evidence.
Source.
1913, 145:18. PL 239:12. 1937, 107:25; 133:86. RL 414:14. 1951, 203:13, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:15 - Action of Commission.

541:15 Action of Commission. –
Upon receipt of such evidence, the commission shall consider the same and may alter, modify, amend, or rescind the order or decision appealed from, and shall report its action thereon to the court within said twenty days.
Source.
1913, 145:18. PL 239:15. 1937, 107:28; 133:89. RL 414:17.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:16 - Subsequent Proceedings.

541:16 Subsequent Proceedings. –
If the commission shall rescind the order appealed from the appeal shall be dismissed; if it shall alter, modify, or amend the same such altered, modified, or amended order shall take the place of the original order complained of, and the court shall render judgment with reference thereto in said appeal as though said order had been made by the commission in the first instance, after allowing any amendments of the pleadings or other incidental proceedings desired by the parties which the changed situation may require.
Source.
1913, 145:18. PL 239:16. 1937, 107:29; 133:90. RL 414:18.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:17 - Evidence, How Considered.

541:17 Evidence, How Considered. –
All evidence transferred by the commission shall be considered by the court regardless of any technical rule which might have rendered the same inadmissible if originally offered in the trial of an action at law.
Source.
1913, 145:18. PL 239:17. 1937, 107:30; 133:91. RL 414:19. 1951, 203:15, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:18 - Suspension of Order.

541:18 Suspension of Order. –
No appeal or other proceedings taken from an order of the commission shall suspend the operation of such order; provided, that the supreme court may order a suspension of such order pending the determination of such appeal or other proceeding whenever, in the opinion of the court, justice may require such suspension; but no order of the public utilities commission providing for a reduction of rates, fares, or charges or denying a petition for an increase therein shall be suspended except upon conditions to be imposed by the court providing a means for securing the prompt repayment of all excess rates, fares, and charges over and above the rates, fares, and charges which shall be finally determined to be reasonable and just.
Source.
1913, 145:18. PL 239:18. 1937, 107:31; 133:92. RL 414:20. 1951, 203:16, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:19 - Conditions.

541:19 Conditions. –
Any order of the court suspending an order of the public utilities commission fixing rates, fares, charges, or prices shall, among other things, provide that the public utility affected by the order suspended shall keep such accounts as shall suffice to show the amount being collected by such public utility, pending the appeal, in excess of the amounts which it would have collected if the order or decree of the commission had not been suspended, and shall provide such means as the court shall determine to secure the prompt repayment of all excess rates, fares and charges over and above the rates, fares and charges which shall finally be determined to be reasonable and just.
Source.
1913, 145:18. PL 239:19. 1937, 107:32; 133:93. RL 414:21. 1951, 203:17, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:20 - Contempt of Court.

541:20 Contempt of Court. –
Whenever there is occasion after final decision for the distribution of said excess, any violation on the part of any public utility, or of the officers or members thereof, of the order of the court providing for the repayment of said excess may be punished as a contempt of court.
Source.
1951, 203:18. RL 414:21-a.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:21 - Exceptions.

541:21 Exceptions. –
The provisions of this chapter shall not apply to appeals from the assessment of damages in eminent domain proceedings, but such appeals shall be taken and prosecuted as otherwise provided.
Source.
1951, 203:19. RL 414:21-b.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541 - Rehearings and Appeals in Certain Cases › Section 541:22 - Remedy Exclusive.

541:22 Remedy Exclusive. –
No proceeding other than the appeal herein provided for shall be maintained in any court of this state to set aside, enjoin the enforcement of, or otherwise review or impeach any order of the commission, except as otherwise specifically provided.
Source.
1913, 145:18. PL 239:22. 1937, 107:33; 133:94. RL 414:22.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:3 - Procedure for Adoption of Rules.

541-A:3 Procedure for Adoption of Rules. –
Except for interim or emergency rules, an agency shall adopt a rule by:
I. Filing a notice of the proposed rule under RSA 541-A:6, including a fiscal impact statement and a statement that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a;
II. Providing notice to occupational licensees or those who have made timely requests for notice as required by RSA 541-A:6, III;
III. Filing the text of a proposed rule under RSA 541-A:10;
IV. Holding a public hearing and receiving comments under RSA 541-A:11;
V. Filing a final proposal under RSA 541-A:12;
VI. Responding to the committee when required under RSA 541-A:13; and
VII. Adopting and filing a final rule under RSA 541-A:14.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:3-a - Specificity of Rules; Identification of State or Federal Law.

541-A:3-a Specificity of Rules;  Identification of State or Federal Law. –
I. If an agency proposes a rule pursuant to RSA 541-A:3 or 541-A:19, the agency shall identify the specific section or sections of state or federal statutes or regulations which the rule is intended to implement in the notice required pursuant to RSA 541-A:6 and 541-A:19, II, and either in the rule, or in a separate cross-reference table pursuant to paragraph II. The notice shall be in such form as the director of legislative services shall prescribe until otherwise provided by the drafting and procedure manual adopted pursuant to RSA 541-A:8. The identification in the rule shall be made in the manner specified in the drafting and procedure manual.
II. If the specific section or sections of state statute or federal statute or regulation required by paragraph I are not identified in the rule itself, the agency shall file the information in a separate cross-reference table with each filing of the proposed or adopted rule other than an emergency rule. The agency shall make the table available to the public with a proposed or adopted rule whenever the rule is made available to or requested by the public. Unless otherwise specified by the drafting and procedure manual, the table shall be filed as an appendix to the rule and, when the rule is published pursuant to RSA 541-A:15, shall be published as an appendix to the rule chapter containing the rule. The table shall not be required to be filed on a separate page.
III. General references to the name or title of a state or federal statute or regulation shall not suffice for the purposes of this section. To the extent that specific provisions of the proposed rule are designed to implement different sections or provisions of state or federal statutes or regulations, the agency shall reference the state or federal statute or regulation as provided in paragraph I, with the provision of the proposed rule that is intended to implement that statute or regulation.
Source.
1998, 347:1. 2006, 145:3, eff. July 21, 2006.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:3-b - Restriction on Rules Incorporating Documents by Reference.

541-A:3-b Restriction on Rules Incorporating Documents by Reference. –
No agency may propose or adopt a rule under RSA 541-A:3 or RSA 541-A:19 that incorporates by reference any code, rule, or document from another state government without specific authority in the authorizing legislation or specific legislative approval for such a rule.
Source.
2003, 137:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:4 - Petition for Adoption of Rules.

541-A:4 Petition for Adoption of Rules. –
I. Any interested person may petition an agency to adopt, amend, or repeal a rule. Within 30 days of receiving the petition, or 30 days after the next scheduled meeting of a board, commission, or group receiving the petition, the agency shall determine whether to grant or deny the petition and notify the petitioner. If the agency decides to deny the petition, the agency shall notify the petitioner of its decision in writing and shall state its reasons for denial. If the agency grants the petition, it shall notify the petitioner and commence the rulemaking proceeding by requesting a fiscal impact statement pursuant to RSA 541-A:5 within 120 days of receipt of the petition and continuing the proceeding as specified in RSA 541-A:3.
II. Notwithstanding paragraph I, if the committee petitions an agency to adopt, amend, or repeal a rule, and the agency does not notify the committee that rulemaking has commenced within one year of receiving the petition, or does not file a final proposal under RSA 541-A:12 within 2 years of receiving the petition, the committee may file legislation to repeal the agency's rulemaking authority or otherwise amend the agency authority.
Source.
1994, 412:1. 2000, 288:4, eff. July 1, 2000. 2016, 63:1, eff. July 4, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:7 - Style of Rules.

541-A:7 Style of Rules. –
Rules shall be written in a clear and coherent manner using words with common and everyday meanings for those persons who engage in the activities that are regulated by the rules, which may include technical language as necessary.
Source.
1994, 412:1. 2006, 145:5, eff. July 21, 2006.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:8 - Drafting and Procedure Manual.

541-A:8 Drafting and Procedure Manual. –
Each agency shall conform to a drafting and procedure manual for rules, including agency forms, developed by the director of legislative services and the commissioner of administrative services, subject to amendment and final approval by the committee. The director may require any agency to rewrite any rule, including any agency form, submitted for filing to conform to this manual until that rule is adopted and filed under RSA 541-A:14 or RSA 541-A:19 or the form is adopted pursuant to RSA 541-A:19-b.
Source.
1994, 412:1. 2000, 288:8, eff. July 1, 2000. 2015, 234:4, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:9 - Rulemaking Register.

541-A:9 Rulemaking Register. –
I. The director of legislative services shall publish directly online a weekly rulemaking register which shall contain:
(a) Notice of intended rulemaking actions.
(b) Notice of rules adopted under RSA 541-A:14, RSA 541-A:18, and RSA 541-A:19.
(c) Nonconfidential opinions of the attorney general under RSA 541-A:28.
(d) Final objections under RSA 541-A:13, V.
(e) Notices of continued or postponed public comment hearings under RSA 541-A:11.
(f) Notices of declaratory rulings issued pursuant to rules adopted under RSA 541-A:16, I(d).
(g) Notice for the submission of comments on possible rulemaking under RSA 541-A:11, VIII.
(h) Publication of notice of the list of regulated toxic air pollutants and classifications by the department of environmental services under RSA 125-I:4.
(i) At the request of any agency, any other notices or documents related to rulemaking, at the discretion of the director.
(j) A list of proposals filed under RSA 541-A:12, I and proposed interim rules filed under RSA 541-A:19, II, and placed on the agenda for committee review at a regularly scheduled or special committee meeting.
I-a. Prior to publication, the director of legislative services may correct clarity, formatting, typographical, spelling, and punctuation errors, as well as unintentional errors in references and citations in a submission. Consistent with RSA 541-A:6, II, the director shall notify the agency prior to publication of the notice of any amendments made to the notice and may set a deadline for agency comment on the amendments.
I-b. The date of publication of the rulemaking register shall be the date on which the register is available to the public on the general court information services web site.
I-c. The director of legislative services may prescribe the specific electronic file format for all documents provided by state agencies for inclusion in the register.
II. The rulemaking register shall be made available free of charge.
III. The rulemaking register shall be sent by email to all members of the general court.
Source.
1994, 412:1. 1996, 279:6. 2000, 288:9, eff. July 1, 2000. 2011, 252:3, 4, eff. Sept. 11, 2011. 2018, 28:2, eff. July 14, 2018; 217:2, eff. July 14, 2018 at 12:01 a.m. 2020, 37:71, eff. Sept. 27, 2020. 2023, 191:3, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:10 - Filing of Proposed Rule Text; Establishing and Revising Text.

541-A:10 Filing of Proposed Rule Text;  Establishing and Revising Text. –
I. At the same time the notice required by RSA 541-A:6, I is filed, the agency shall file the text of the proposed rule with the director of legislative services. The text of each proposed rule filed shall encompass at least a full rules section. The text of the proposed rules as filed by the agency pursuant to RSA 541-A:3, III shall not be changed prior to the hearing held pursuant to RSA 541-A:11, I(a).
II. The agency shall not establish the text of the final proposal until after the conclusion of the public comment period established pursuant to RSA 541-A:11, I(b). If the agency elects to solicit comment pursuant to RSA 541-A:11, I(c), the agency shall prepare a draft final proposal that is annotated to show how the rules as initially proposed are proposed to be changed. In response to comment received, the agency may revise the draft prior to filing the final proposal in accordance with RSA 541-A:12.
Source.
1994, 412:1, eff. Aug. 9, 1994. 2011, 107:1, eff. July 30, 2011; 252:5, eff. Sept. 11, 2011. 2015, 234:5, eff. Sept. 11, 2015. 2017, 156:207, eff. July 1, 2017. 2020, 37:72, eff. Sept. 27, 2020.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:14 - Final Adoption.

541-A:14 Final Adoption. –
I. An agency may adopt a properly filed final proposed rule after:
(a) The passage of 60 days from filing of a final proposal under RSA 541-A:12, I, or 60 days from filing under RSA 541-A:12, I-a, without receiving notice of objection from the committee;
(b) Receiving approval from the committee;
(c) Written confirmation is sent to the agency by committee legal counsel relative to agency compliance with the committee's conditional approval pursuant to RSA 541-A:13, V(a);
(d) Passage of the 50-day period for committee review of the preliminary objection response, or revised objection response, if applicable, provided that the committee has not voted to sponsor a joint resolution pursuant to RSA 541-A:13, VII; or
(e) Final legislative action, as defined in RSA 541-A:1, VI-a, is taken on the joint resolution sponsored pursuant to RSA 541-A:13, VII(b) or the passage of the 90 consecutive calendar days specified by RSA 541-A:13, VII(c), whichever occurs first.
II. The text of the adopted rule shall be the same as the text of the final proposed rule submitted under RSA 541-A:12, unless revised by the agency in direct response to the committee's written objection or as otherwise provided in RSA 541-A:13. The director of legislative services may refuse to accept for filing any final rule which contains changes, other than minor editorial changes, that are not specifically made in accordance with the procedures provided in RSA 541-A:13, II(b) or RSA 541-A:13, V. The agency shall identify each minor editorial change in writing to the director of legislative services.
III. The agency shall file with the director of legislative services all adopted rules and any related new or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which the rules incorporate by reference or whose requirements are set forth in the rules pursuant to RSA 541-A:19-b.
IV. Adopted rules shall become effective under RSA 541-A:16, III on the day after filing by the agency, or at a later date, provided that the agency so specifies in a letter to the director of legislative services, and further provided that the agency does not establish different effective dates for different provisions within the same rule. If the agency has specified a later effective date, the agency may modify the date by providing a statement to the director of legislative services which shall indicate the new effective date and all reasons for modifying the date. The statement shall be published by the director of legislative services in the rulemaking register. No modified effective date shall occur earlier than the date of publication in the rulemaking register. The director shall maintain a file of all currently effective rules, and each agency shall maintain a file of its own currently effective rules, both of which shall be open to the public.
Source.
1994, 412:1. 2000, 288:14. 2001, 110:4, eff. Aug. 25, 2001. 2023, 191:6, 17, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:14-a - Extension of Currently Effective Rules Pending Readoption.

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.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:16 - Rules; Filing Required.

541-A:16 Rules;  Filing Required. –
I. In addition to other rulemaking requirements imposed by law, each agency shall:
(a) Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods by which the public may obtain information or make submissions or requests.
(b) Adopt rules of practice setting forth the nature and requirement of all formal and informal procedures available, including:
(1) [Repealed.]
(2) Rules governing adjudicative proceedings pursuant to RSA 541-A:30-a; and
(3) Rules governing public comment hearings for rulemaking.
(c) Adopt rules setting the format and procedures for submitting, considering, and disposing of rulemaking petitions under RSA 541-A:4.
(d) Adopt rules relating to filing petitions for declaratory rulings and their prompt disposition.
II. Each agency shall also:
(a) Make available to the public all written statements of policy or interpretations, other than rules, formulated or used by the agency in the discharge of its functions.
(b) File with the director of legislative services all declaratory rulings issued.
III. A rule shall become effective as of 12:01 a.m. on the day after the filing of the adopted rule or as of 12:01 a.m. on the date specified by the agency pursuant to RSA 541-A:14, IV, RSA 541-A:14-a, III, or RSA 541-A:19, X, or such other later date as specified, provided that filing occurs before such effective date. Except as provided in RSA 541-A:14-a, a rule adopted under RSA 541-A:14, IV shall expire after the last day of the tenth year following its becoming effective, unless sooner amended, readopted, or repealed.
IV. If any deadline for action by an agency, the public, or the committee imposed by this chapter falls on a Saturday, Sunday, or state legal holiday, the deadline for such action shall be extended to the next day that is not a Saturday, Sunday, or state legal holiday.
Source.
1994, 412:1. 1998, 298:1. 2006, 145:11, eff. July 21, 2006. 2011, 252:9, eff. Sept. 11, 2011. 2023, 191:8, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:17 - Time Limit.

541-A:17 Time Limit. –
I. No rule shall be effective for a period of longer than 10 years except as extended pursuant to RSA 541-A:14-a, but the agency may adopt an identical rule under RSA 541-A:5 through RSA 541-A:14-a, in conformance with the drafting and procedure manual adopted under RSA 541-A:8.
II. Notwithstanding the provisions of paragraph I, any organizational and procedural rules proposed and adopted pursuant to RSA 541-A:16, I and as identified in the drafting and procedure manual shall not expire, provided that they have been approved by the committee. No changes to such organizational and procedural rules may be made by the agency, other than editorial changes not affecting the substance of the procedural rules, without following the rulemaking procedures in this chapter. However, if the adoption or amendment of a statute governing the agency renders the agency's organizational and procedural rules no longer accurate, such rules shall expire one year after the effective date of the statute that makes such change, unless such organizational and procedural rules are amended, superseded, or repealed before such expiration. The agency shall commence rulemaking to amend its rules no later than 90 days after the effective date of such statute. If the agency reorganizes its organization and responsibilities in such a way that the agency's rules under RSA 541-A:16, I(a) describing its organization are no longer accurate, the agency shall amend its rules as soon as is practicable, but shall commence rulemaking not later than 90 days after such changes occur.
Source.
1994, 412:1. 2000, 288:15, eff. July 1, 2000. 2009, 232:5, eff. Jan. 1, 2010. 2011, 89:1, eff. July 26, 2011; 252:10, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:18 - Emergency Rules.

541-A:18 Emergency Rules. –
I. An agency may proceed to adopt an emergency rule if it finds either that an imminent peril to the public health or safety requires adoption of a rule with less notice than is required under RSA 541-A:6 or that substantial fiscal harm to the state or its citizens could occur if rules are not adopted with less notice than is required under RSA 541-A:6. The rule may be adopted without having been filed in proposed or final proposed form and may be adopted after whatever notice and hearing the agency finds to be practicable under the circumstances. The agency shall make reasonable efforts to ensure that emergency rules are made known to persons who may be affected by them.
II. Notwithstanding RSA 541-A:16, III, emergency rules adopted under this section shall not remain in effect for more than 180 days from the date and time of filing with the director of legislative services. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule, but it shall not adopt the same emergency rule when the emergency rule expires.
III. Emergency rules adopted under this section 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, amendment, or repeal.
(d) The rule number and title.
(e) A signed and dated statement by the adopting authority explaining the nature of the basis for the emergency rule, including an explanation of the effect upon the state if the emergency rule were not adopted.
(f) A listing of people, enterprises, and government agencies affected by the rule.
(g) The name, address, and telephone number of an individual in the agency able to answer questions on the emergency rule.
IV. Emergency rules adopted under this section shall not be adopted solely to avoid the time requirements of this chapter. The committee may petition the adopting agency to repeal the rule if it determines that the statement of emergency required by RSA 541-A:18, III(e) is inadequate and does not demonstrate that the rule is necessary to prevent an imminent peril to the public health or safety.
V. Effective rules which are amended or repealed by adoption of an emergency rule shall again be effective in their original form upon expiration of the emergency rule.
VI. An agency may repeal an emergency rule by filing a statement with the director of legislative services which includes:
(a) The name and address of the agency.
(b) The rule number and title.
(c) The effective date of the repeal.
(d) The name, address, and telephone number of an individual within the agency able to answer questions about the repeal.
(e) An explanation of why the rule is being repealed.
Source.
1994, 412:1. 2000, 288:16, eff. July 1, 2000. 2011, 252:11, 12, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:19-b - Adoption of Forms.

541-A:19-b Adoption of Forms. –
An agency may adopt a form as defined in RSA 541-A:1, VII-a, either by incorporating the actual form by reference in a rule, or by setting forth the requirements of the form in rules, adopted according to the procedures in this chapter and in compliance with the drafting and procedure manual pursuant to RSA 541-A:8. No new or amended form shall be effective and enforceable pursuant to RSA 541-A:22, I unless the form has been adopted in accordance with this chapter.
Source.
2009, 232:4, eff. Jan. 1, 2010. 2011, 89:2, eff. July 26, 2011. 2023, 191:13, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:20 - Initiating Rulemaking Prior to Effective Date of Statutory Authority.

541-A:20 Initiating Rulemaking Prior to Effective Date of Statutory Authority. –
After the enactment and before the effective date of any statute granting rulemaking authority, the agency to whom such authority is granted may initiate procedures to adopt such rules; provided that the effective date of the rule, under RSA 541-A:14, IV or RSA 541-A:19, X shall not occur before the effective date of the act granting statutory authority for that rule.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:20-a - Initiating Rulemaking Prior to Expiration Date of Existing Rule; Expired Rule.

541-A:20-a Initiating Rulemaking Prior to Expiration Date of Existing Rule;  Expired Rule. –
I. Provided that the relevant statute granting rulemaking authority for an existing rule is valid and in effect and requires the agency to adopt the rule, the agency to which such authority is granted shall act expeditiously to commence rulemaking pursuant to RSA 541-A to prevent expiration of such rules and to allow adequate time for the committee to consider the rules.
II. If an agency consistently fails to readopt its rules prior to their expiration as provided in paragraph I, the committee may direct the agency to contact the director to develop a timetable of readoption or readoption with amendments.
III. An agency shall not be precluded from adopting an interim rule pursuant to RSA 541-A:19, I(d) to keep rules from expiring or RSA 541-A:19, I(e) to put expired rules back into effect.
Source.
2009, 230:1, eff. Sept. 14, 2009.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:22 - Validity of Rules.

541-A:22 Validity of Rules. –
I. No agency rule, including a form, is valid or effective against any person or party, nor may it be enforced by the state for any purpose, until it has been filed as required in this chapter and has not expired.
II. Rules shall be valid and binding on persons they affect, and shall have the force of law unless they have expired or have been amended or revised or unless a court of competent jurisdiction determines otherwise. Except as provided by RSA 541-A:13, VI, rules shall be prima facie evidence of the proper interpretation of the matter that they refer to.
III. An agency shall not by rule:
(a) Provide for penalties or fines unless specifically authorized by statute.
(b) Require licensing, as defined in RSA 541-A:1, IX, unless authorized by a law which uses one of the specific terms listed in RSA 541-A:1, VIII.
(c) Require fees unless specifically authorized by a statute enforced or administered by an agency. Specific authorization shall not include the designation of agency fee income in the operating budget when no other statutory authorization exists.
(d) Provide for non-consensual inspections of private property, unless the statute enforced or administered by the agency specifically grants inspection authority.
(e) Delegate its rulemaking authority to anyone other than the agency named in the statute delegating authority.
(f) Adopt rules under another agency's authority.
(g) Expand or limit a statutory definition affecting the scope of who may practice a profession.
(h) Require a submission of a social security number unless mandated by state or federal law.
IV. No agency shall grant waivers of, or variances from, any provisions of its rules without either amending the rules, or providing by rule for a waiver or variance procedure. The duration of the waiver or variance may be temporary if the rule so provides.
Source.
1994, 412:1. 2003, 309:2, eff. July 1, 2004. 2015, 234:8, eff. Sept. 11, 2015. 2023, 191:15, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:23 - Remedies for Procedural Failures.

541-A:23 Remedies for Procedural Failures. –
I. The following shall prevent a rule from taking effect:
(a) Failure to file with the director of legislative services;
(b) Failure to file with the committee;
(c) Failure to respond to an objection of the committee as required by RSA 541-A:13, V; or
(d) Failure to receive approval of the committee for a proposed interim rule, as required by RSA 541-A:19, X.
II. The following shall not affect the validity of a rule:
(a) Inadvertent failure to make required assurances relating to an incorporation by reference;
(b) Failure to certify that all procedures required by this chapter have been satisfied;
(c) Failure to meet the style requirements of RSA 541-A:7; or
(d) Inadvertent failure to mail notice or copies of any rule.
III. For other violations of this chapter, the court may fashion appropriate relief.
IV. An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter other than those listed in paragraph I shall be commenced within one year after the effective date of the rule. Such actions shall be brought in the Merrimack county superior court. The plaintiff shall give notice of the action to the office of legislative services, division of administrative rules, at the time of filing. Upon receiving a judgment on the merits, the respondent agency or department shall also file a copy of that judgment with the office of legislative services, division of administrative rules.
Source.
1994, 412:1, eff. Aug. 9, 1994. 2017, 101:2, eff. Aug. 7, 2017.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:24 - Declaratory Judgment on Validity or Applicability of Rules.

541-A:24 Declaratory Judgment on Validity or Applicability of Rules. –
The validity or applicability of a rule may be determined in an action for declaratory judgment in the Merrimack county superior court if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. The plaintiff shall give notice of the action to the office of legislative services, division of administrative rules, at the time of filing. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. Upon receiving a declaratory judgment, the respondent agency or department shall also file a copy of that judgment with the office of legislative services, division of administrative rules.
Source.
1994, 412:1, eff. Aug. 9, 1994. 2017, 101:3, eff. Aug. 7, 2017.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:25 - Unfunded State Mandates.

541-A:25 Unfunded State Mandates. –
I. A state agency to which rulemaking authority has been granted, including those agencies, the rulemaking authority of which was granted prior to May 6, 1992, shall not mandate or assign any new, expanded, or modified programs or responsibilities to any political subdivision in such a way as to necessitate further expenditures by the political subdivision unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision. Such programs include those functions of a nature customarily undertaken by municipalities whether or not performance of such functions is required by statute.
II. Such programs also include, but are not limited to, functions such as police, fire and rescue, roads and bridges, solid waste, sewer and water, and construction and maintenance of buildings and other municipal facilities or other facilities or functions undertaken by a political subdivision.
III. Included in the scope and nature of such programs are those municipal functions which might be undertaken by a municipality or by a private entity and those functions which a municipality may legally choose not to undertake.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:26 - Administration of Federal Mandates.

541-A:26 Administration of Federal Mandates. –
Any state agency, when administering federal mandates, shall not mandate or assign to any political subdivision any new, expanded or modified programs or responsibilities additional to the federal mandate in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.
Source.
1994, 412:1, eff. Aug. 9, 1994.