In this chapter:
I. "Adjudicative proceeding" means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.
II. "Agency" means each state board, commission, department, institution, officer, or any other state official or group, other than the legislature or the courts, authorized by law to make rules or to determine contested cases.
III. "Committee" means the joint legislative committee on administrative rules, unless the context clearly indicates otherwise.
IV. "Contested case" means a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.
[Paragraph V effective until January 1, 2027; see also paragraph V set out below.]
V. "Declaratory ruling" means an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.
[Paragraph V effective January 1, 2027; see also paragraph V set out above.]
V. "Declaratory ruling" means an agency ruling as to the specific applicability of any statutory provision, rule, or order of the agency.
V-a. "Electronic document" means a document which complies with requirements prescribed by the director for filing under paragraph VI and established in the drafting and procedure manual under RSA 541-A:8.
[Paragraph VI effective until January 1, 2027; see also paragraph VI set out below.]
VI. "File" means the actual receipt, by the director of legislative services, of a document required to be submitted during a rulemaking process established by this chapter, under the terms and in the format prescribed by the director. The term "file" shall also apply to any other response, submission, or written explanation required during a rulemaking process established by this chapter.
[Paragraph VI effective January 1, 2027; see also paragraph VI set out above.]
VI. "File" means the actual receipt, by the director of the division of administrative rules for the office of legislative services, of a document required to be submitted during a rulemaking process established by this chapter, under the terms and in the format prescribed by the director. The term "file" shall also apply to any other response, submission, or written explanation required during a rulemaking process established by this chapter.
[Paragraph VI-a effective until January 1, 2027; see also paragraph VI-a set out below.]
VI-a. "Final legislative action" means the defeat of a joint resolution sponsored by the legislative committee on administrative rules pursuant to RSA 541-A:13, VII(b) in either the house or the senate, or the failure of the general court to override the governor's veto of the joint resolution.
[Paragraph VI-a effective January 1, 2027; see also paragraph VI-a set out above.]
VI-a. "Final legislative action" means the defeat of a joint resolution sponsored by the committee pursuant to RSA 541-A:13, VII(b) in either the house or the senate, or the failure of the general court to override the governor's veto of the joint resolution.
[Paragraph VII effective until January 1, 2027; see also paragraph VII set out below.]
VII. "Fiscal impact statement" means a statement prepared by the legislative budget assistant, using data supplied by the rulemaking agency, and giving consideration to both short- and long-term fiscal consequences and includes the elements required by RSA 541-A:5, IV.
[Paragraph VII effective January 1, 2027; see also paragraph VII set out above.]
VII. "Fiscal impact statement" means a statement prepared by the legislative budget assistant using data supplied by the rulemaking agency, considering both short- and long-term fiscal consequences of a proposed rule, and including the elements required by RSA 541-A:5, IV.
[Paragraph VII-a effective until January 1, 2027; see also paragraph VII-a set out below.]
VII-a. "Form" means a document, whether hardcopy or electronic, with blank spaces for insertion of required or optional information, which must be submitted to the agency by persons outside the agency, such as, but not limited to, licensing applications, petitions, or requests. The term does not include a document that is called a form by the agency but which does not have blank spaces for insertion of information by persons outside the agency.
[Paragraph VII-a effective January 1, 2027; see also paragraph VII-a set out above.]
VII-a. "Form" means a document, whether hardcopy or electronic, with blank spaces for insertion of required or optional information, which must be submitted to an agency by persons outside the agency, including, but not limited to, licensing applications, petitions, or requests. The term does not include a document that is called a form by the agency but does not have blank spaces for insertion of information by persons outside the agency. A form is considered a rule and may be incorporated by reference or have the requirements listed in the text of the rule.
VII-b. "Internet content" means material that exists only on a website on the Internet.
VII-c. "Hybrid hearing" means an agency public comment hearing for rulemaking held in a physical location but with the option for participation by the public by electronic means pursuant to RSA 541-A:11 and RSA 541-A:19-a.
VIII. "License" means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.
[Paragraph IX effective until January 1, 2027; see also paragraph IX set out below.]
IX. "Licensing" means the agency process relative to the issuance, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license, or the imposition of terms for the exercise of a license.
[Paragraph IX effective January 1, 2027; see also paragraph IX set out above.]
IX. "Licensing" means an agency process relative to the issuance, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license, or the imposition of terms for the exercise of a license.
X. "Nonadjudicative processes" means all agency procedures and actions other than an adjudicative proceeding.
[Paragraph XI effective until January 1, 2027; see also paragraph XI set out below.]
XI. "Order" means the whole or part of an agency's final disposition of a matter, other than a rule, but does not include an agency's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.
[Paragraph XI effective January 1, 2027; see also paragraph XI set out above.]
XI. "Order" means the whole or part of an agency's final disposition of a matter subject to an adjudicative proceeding, but does not include an agency's decision to initiate, postpone, investigate or process any matter, file a complaint, or issue a citation.
[Paragraph XII effective until January 1, 2027; see also paragraph XII set out below.]
XII. "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.
[Paragraph XII effective January 1, 2027; see also paragraph XII set out above.]
XII. "Party" means each person or agency named or admitted as a party to an adjudicative proceeding.
XIII. "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
[Paragraph XIV effective until January 1, 2027; see also paragraph XIV set out below.]
XIV. "Presiding officer" means that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.
[Paragraph XIV effective January 1, 2027; see also paragraph XIV set out above.]
XIV. "Presiding officer" means an individual to whom an agency has delegated the authority to preside over an adjudicative proceeding, if any; otherwise it shall mean the head of the agency.
XV. "Rule" means each regulation, standard, form as defined in paragraph VII-a, or other statement of general applicability adopted by an agency to (a) implement, interpret, or make specific a statute enforced or administered by such agency or (b) prescribe or interpret an agency policy, procedure or practice requirement binding on persons outside the agency, whether members of the general public or personnel in other agencies. The term does not include (a) internal memoranda which set policy applicable only to its own employees and which do not affect private rights or change the substance of rules binding upon the public, (b) informational pamphlets, letters, or other explanatory material which refer to a statute or rule without affecting its substance or interpretation, (c) personnel records relating to the hiring, dismissal, promotion, or compensation of any public employee, or the disciplining of such employee, or the investigating of any charges against such employee, or (d) declaratory rulings. The term "rule" shall include rules adopted by the director of personnel, department of administrative services, relative to the state employee personnel system. Notwithstanding the requirements of RSA 21-I:14, the term "rule" shall not include the manual described in RSA 21-I:14, I or the standards for the format, content, and style of agency annual and biennial reports described in RSA 21-I:14, IX, which together comprise the manual commonly known as the administrative services manual of procedures. The manual shall be subject to the approval of governor and council.
[Paragraph XV-a effective until January 1, 2027; see also paragraph XV-a set out below.]
XV-a. "Signature" means a person's written name used as a form of identification, whether in original, photocopied, or scanned form.
[Paragraph XV-a effective January 1, 2027; see also paragraph XV-a set out above.]
XV-a. "Signature" means a person's written name used as a form of identification, whether in original, photocopied, scanned, or electronic form.
XVI. "Standing policy committee" means a committee listed in rules of the house of representatives or the senate to which legislation including rulemaking authority was originally referred for hearing and report.
XVII. "Virtual hearing" means an agency public comment hearing for rulemaking held only electronically and which provides public access to participate by electronic means pursuant to RSA 541-A:11 and RSA 541-A:19-a.
Source. 1994, 412:1, eff. Aug. 9, 1994. 2000, 288:2. 2006, 145:2, eff. July 21, 2006. 2009, 232:1, 2, eff. Jan. 1, 2010. 2010, 123:1, eff. July 1, 2010 at 12:01 a.m.; 123:2, eff. June 9, 2010. 2012, 62:1, eff. July 13, 2012. 2020, 37:69, eff. Sept. 27, 2020. 2021, 59:1, 2, eff. July 24, 2021. 2023, 125:1, 2, eff. Aug. 29, 2023; 191:1, eff. Oct. 3, 2023. 2026, 254:1-4, eff. Jan. 1, 2027.