TITLE LV
PROCEEDINGS IN SPECIAL CASES

CHAPTER 541-A
ADMINISTRATIVE PROCEDURE ACT

Section 541-A:17

    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.

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


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the effective date of the statute that makes such change, unless such organizational and procedural rules are amended, superseded, or repealed before such expiration.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.

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


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 the rules have been approved by the committee. No changes to organizational and procedural rules may be made by the agency, other than editorial changes not affecting the substance of the rules, without following the rulemaking procedures in this chapter. If the adoption or amendment of a statute governing the agency renders the agency's organizational and procedural rules inaccurate , such rules shall expire one year from the effective date of the statute that makes such change, unless the rules are amended, superseded, or repealed prior to expiration. The agency shall commence rulemaking to amend its rules no later than 90 days after the effective date of the statute. If the agency reorganizes its organization and procedures in such a way as to render the agency's organizational and procedural rules inaccurate, the agency shall amend its rules as soon as is practicable, but shall commence rulemaking no later than 90 days after the 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. 2026, 254:22, eff. Jan. 1, 2027.