TITLE LV
PROCEEDINGS IN SPECIAL CASES

CHAPTER 541-A
ADMINISTRATIVE PROCEDURE ACT

Section 541-A:16

    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(1) [Repealed.]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.

[Paragraph II effective until January 1, 2027; see also paragraph II set out below.]


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.

[Paragraph II effective January 1, 2027; see also paragraph II set out above.]


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 the division of administrative rules for the office of legislative services all declaratory rulings issued.

[Paragraph III effective until January 1, 2027; see also paragraph III set out below.]


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expire after the last day of the tenth year following its becoming effective, unless sooner amended, readopted, or repealed.

[Paragraph III effective January 1, 2027; see also paragraph III set out above.]


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, 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 10 years from the effective date of the rule, unless sooner amended, readopted, repealed, or the agency no longer has statutory authority for the rule.
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. 2026, 254:21, eff. Jan. 1, 2027.