TITLE LV
PROCEEDINGS IN SPECIAL CASES

CHAPTER 541-A
ADMINISTRATIVE PROCEDURE ACT

Section 541-A:40

    541-A:40 Suspension of Provisions. –
I. To the extent necessary to avoid a denial of funds or services from the United States which would otherwise be available to the state, the governor may suspend, in whole or in part, one or more provisions of this chapter. When the governor determines that a suspension is no longer necessary to prevent the loss of funds or services from the United States, the governor shall issue an order specifying the dates of termination of a suspension.
II. The original copy of any suspension order or order recognizing the termination of a suspension issued by the governor shall be dated, certified and filed in the office of legislative services.
III. If any provision of this chapter is suspended pursuant to this section, the governor shall promptly report the suspension to the general court. The report shall include recommendations with respect to any desirable legislation that may be necessary to conform this chapter with federal law.

[Paragraph IV(a) effective until January 1, 2027; see also paragraph IV(a) set out below.]


IV. (a) Notwithstanding any other provision of this chapter, the director of legislative services may, after consultation with the chair and vice-chair of the joint legislative committee on administrative rules, and for good cause shown, waive any deadline or otherwise extend any time period contained in any provision of this chapter which relates to the rulemaking process.

[Paragraph IV(a) effective January 1, 2027; see also paragraph IV(a) set out above.]


IV. (a) Notwithstanding any other provision of this chapter, the director of the division of administrative rules for the office of legislative services may, after consultation with the chair and vice-chair of the joint legislative committee on administrative rules, and for good cause shown, waive any deadline or otherwise extend any time period contained in any provision of this chapter which relates to the rulemaking process.
(b) If a deadline is waived or a time period is extended, the director shall, after consultation with the chair and the vice-chair of the committee and the agency whose rules are affected, establish a new deadline by which the required action shall be taken.

Source. 1994, 412:1. 2000, 288:22. 2004, 180:9, eff. June 1, 2004. 2011, 252:15, eff. Sept. 11, 2011. 2026, 254:31, eff. Jan. 1, 2027.