2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:19-c - Revisions to Forms; Expedited Procedure.

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, but shall notify the office of legislative services of any proposed editorial changes in accordance with the drafting and procedure manual pursuant to RSA 541-A:8.
II. An agency may revise substantively the requirements on a previously adopted form as defined in RSA 541-A:1, VII-a, and amend the relevant provisions in the rule which set forth the requirements of the form or incorporate the form by reference pursuant to RSA 541-A:19-b, without meeting the requirements of RSA 541-A:5, RSA 541-A:6 and RSA 541-A:9-14 by providing notice and adopting the amended form in accordance with paragraphs III through VII.
III. Notice of an agency's intent to amend a form and amend the relevant, affected rule shall include:
(a) The name and address of the agency.
(b) The statutory authority for the form.
(c) The rule number and title of the affected rule to be amended, and whether the action is an amendment or readoption with amendment of the rule as described in the drafting and procedure manual pursuant to RSA 541-A:8.
(d) An explanation of the reason for the proposed amendment of a form and a summary of the existing, affected rule and the proposed amendment to the form and the rule.
(e) The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the proposed form.
(f) 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.
III-a. The amended rule to be filed shall include only those relevant provisions of the rule, as described in the drafting and procedure manual, pursuant to paragraph II, and neither the amended form nor the amended rule shall have a fiscal impact which would otherwise require a fiscal impact statement pursuant to RSA 541-A:5.
IV. The agency shall file a copy of the amended form, the amended rule including an appendix pursuant to RSA 541-A:3-a, and the notice required by paragraph III with the director of legislative services, who shall publish the notice in the rulemaking register.
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 amended, the agency shall so notify the director of legislative services and the form shall not be amended.
VI. The proposed form as amended and amended rule 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 as amended and the affected rule if the form is:
(a) Beyond the authority of the agency;
(b) Contrary to the intent of the legislature;
(c) Deemed not to be in the public interest, including the existence of substantive inconsistencies between the form and the rule whose provisions incorporate the form by reference or set forth the requirements of the form pursuant to RSA 541-A:19-b; or
(d) Deemed by the committee not to meet the requirements of this section, including existence of a fiscal impact contrary to paragraph III-a.
VII. Subsequent review and adoption of the form as amended and the affected rule shall be as provided in RSA 541-A:13 for final proposed rules.
Source.
2009, 232:4, eff. Jan. 1, 2010. 2023, 191:14, eff. Oct. 3, 2023.