TITLE LV
PROCEEDINGS IN SPECIAL CASES

CHAPTER 541-A
ADMINISTRATIVE PROCEDURE ACT

Section 541-A:12


[RSA 541-A:12 effective until Jan. 1, 2027; see also RSA 541-A:12 set out below.]
    541-A:12 Filing Final Proposal. –
I. After fully considering public comment and any committee comments or comments by the office of the legislative services received pursuant to RSA 541-A:11, and any other relevant information, a quorum of the members of the agency or the agency official having rulemaking authority shall establish the text of the final proposed rule. After the text of the final proposed rule has been established, the agency shall file the final proposal no earlier than 21 days and no later than 180 days after the date of publication of the notice in the rulemaking register. The agency shall file the final proposal with the director of legislative services. Final proposals filed no later than 21 days before a regularly scheduled committee meeting shall be placed on the agenda for that meeting. Final proposals filed fewer than 21 days before a regularly scheduled committee meeting shall be placed on the agenda of the following regularly scheduled committee meeting.
II. The final proposal shall include:
(a) A cover sheet listing:
(1) The number of the notice and the date the notice appeared in the rulemaking register;
(2) The name and address of the agency;
(3) The title and number of the rule; and
(4) A citation to the statutory authority for the rule.
(b) One copy of the established text of the final proposed rule.
(c) If required pursuant to RSA 541-A:5, VI, an amended fiscal impact statement from the legislative budget assistant stating that as a result of notice and hearing the rule did change and explaining how this change affects the original fiscal impact statement.
(d) A copy of the fixed text of the final proposed rule annotated clearly to show how the final proposed rule differs from the rule as initially proposed, if the text has changed.
(e) A report of public comments received on the rule shall be created. The report shall indicate how the comment was incorporated into the final rule. If the comment was not incorporated into the final rule, the agency shall provide a detailed explanation that includes the facts, data, interpretations, and policy choices that justify why the adopting agency did not amend the rules.
(f) If the proposed rule is expired, a report that outlines any agency action or implementation of the statute without any necessary administrative rules, including whether any fines or fees were levied or assessed by the agency and whether the fines or fees have been refunded.
II-a. The agency shall file with the final proposal a copy of any draft, new, or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which has been incorporated by reference in the final proposed rule or whose requirements are set forth in the final proposed rule pursuant to RSA 541-A:19-b.
III. An agency may establish requirements in its rules by citing to a document or to Internet content prepared by an unrelated third party. If state-enforceable requirements are so established, the agency shall file an incorporation by reference statement as specified in paragraph IV with the final proposal. No agency shall incorporate by reference any document or Internet content prepared by or on behalf of the agency, provided that documents prepared by a group or association of which the agency is a member may be incorporated by reference.
IV. Any incorporation by reference statement required by paragraph III shall include a statement signed by the adopting authority:
(a) Certifying that the text of the incorporated document or Internet content has been reviewed by the agency, with the name of the reviewing official;
(b) Explaining how the text of the incorporated document or Internet content can be obtained by the public, and at what cost;
(c) Explaining any modifications to the incorporated document or Internet content;
(d) Discussing the comparative desirability of reproducing the incorporated document or Internet content in full in the text of the rule; and
(e) Certifying that the agency has the capability and the intent to enforce the requirements being incorporated.
V. If an agency establishes requirements by incorporating undated Internet content by reference, the agency shall make a read-only copy of the incorporated Internet content no later than the date of filing the incorporation by reference statement, and make the dated copy available to the public.
VI. Each agency shall, upon request for a copy of any document or Internet content incorporated by reference in the agency's rules, make available for inspection any such document or downloaded Internet content.
VII. Each agency shall include the information required in subparagraph IV(b) as an appendix with each filing of the proposed or adopted rule. The agency shall make the information available to the public with a proposed or adopted rule whenever the rule is made available to or requested by the public. When the rule is published pursuant to RSA 541-A:15, the information shall be published as an appendix to the rule chapter containing the rule with a reference in the rule to the appendix. The information shall not be required to be filed on a separate page.
[RSA 541-A:12 effective Jan. 1, 2027; see also RSA 541-A:12 above.]
    541-A:12 Filing Final Proposal. –
I. An agency or agency official having rulemaking authority shall establish the final text of the proposed rule after fully considering comments from the public, the committee, and the division of administrative rules for the office of legislative services received pursuant to RSA 541-A:11, and any other relevant information. The agency shall file the final proposal no earlier than 21 days and no later than 180 days after the date of publication of the notice in the rulemaking register. The agency shall file the final proposal with the director of the division of administrative rules for the office of legislative services. Final proposals filed at least 21 days before a committee meeting shall be placed on the agenda for that meeting. Final proposals filed fewer than 21 days before a regularly scheduled committee meeting shall be placed on the agenda of the following committee meeting.
II. The final proposal shall include:
(a) A cover sheet listing:
(1) The notice number and date the notice appeared in the rulemaking register;
(2) The name and address of the agency;
(3) The title and number of the rule; and
(4) A citation to the statutory authority for the rule.
(b) One copy of the established text of the final proposed rule.
(c) If required pursuant to RSA 541-A:5, VI, an amended fiscal impact statement from the legislative budget assistant explaining how changes to the rule text affect the original fiscal impact statement.
(d) If the established text of the final proposed rule is different than the text of the initial proposal, an annotated copy of the established text to clearly demonstrate differences between the final proposed rule and the rule as initially proposed.
(e) A report of public comments received on the rule indicating how the comments were incorporated into the final rule. If a comment was not incorporated into the final rule, the agency shall provide a detailed explanation that includes the facts, data, interpretations, and policy choices that justify why the adopting agency did not amend the text of the proposed rules.
(f) If the proposed rule is replacing an expired rule, a report that outlines any agency action or implementation of a statute without necessary administrative rules, including whether fines or fees were levied or assessed by the agency and whether the fines or fees were refunded.
II-a. An agency shall file a copy of any draft, new, or amended form.
III. An agency may establish requirements in its rules by citing to a document or to Internet content prepared by a third party. If requirements are established in such a manner, the agency shall file an incorporation by reference statement as specified in paragraph IV. No agency shall incorporate by reference any document or Internet content prepared by or on behalf of the agency, provided that documents prepared by a group or association of which the agency is a member may be incorporated by reference.
IV. Any incorporation by reference statement required by paragraph III shall include a statement signed by the adopting authority:
(a) Certifying that the text of the incorporated document or Internet content has been reviewed by the agency, with the name of the reviewing official;
(b) Explaining how the text of the incorporated document or Internet content can be obtained by the public, and at what cost;
(c) Explaining any modifications to the incorporated document or Internet content;
(d) Explaining the rationale for incorporating the document or Internet content by reference instead of in the text of the rule; and
(e) Certifying that the agency has the capability and the intent to enforce the requirements being incorporated.
V. If an agency establishes requirements by incorporating undated Internet content by reference, the agency shall make available a dated, read-only copy of the incorporated Internet content no later than the date of filing the incorporation by reference statement.
VI. Upon request for a copy of any document or Internet content incorporated by reference in the agency's rules, an agency shall make available for inspection any such document or downloaded Internet content, and provide copies of the document in accordance with RSA 91-A.
VII. An agency shall include the information required in subparagraph IV(b) as an appendix with the filing of the proposed rule. When the rule is published pursuant to RSA 541-A:15, the information shall be published as an appendix to the rule chapter containing the rule with a reference in the rule to the appendix. The information shall not be required to be filed on a separate page.

Source. 1994, 412:1. 2000, 288:12. 2001, 110:2. 2003, 319:162, eff. July 1, 2003. 2011, 252:7, eff. Sept. 11, 2011. 2012, 62:2, eff. July 13, 2012. 2016, 63:2, eff. July 4, 2016. 2020, 37:73, eff. Sept. 27, 2020. 2023, 191:4, 16, eff. Oct. 3, 2023. 2024, 379:5, 9, eff. Dec. 9, 2024. 2026, 254:16, eff. Jan. 1, 2027.