CHAPTER Pes 200 PROCEDURAL RULES

Statutory Authority: RSA 430:31

PART Pes 201 DECLARATORY RULINGS

Pes 201.01 Petition For Declaratory Ruling.

(a) Any person may petition the board for a declaratory ruling as to the applicability of RSA 430:28-50 or any rules adopted by the board to any activity of the petitioner.

(b) The petitioner for a declaratory ruling shall submit a typed or legibly written detailed petition signed by the petitioner for a declaratory ruling to the board setting forth the following:

(1) The statute or rule the applicability of which is questioned;

(2) The statutory and factual basis for the ruling, including any supporting affidavits or memoranda of law;

(3) The interest of the petitioner and the activity in question;

(4) A statement as to how and why the issuance of a ruling on this subject would benefit the petitioner and public at large;

(5) Proposed findings of fact and conclusions of law; and

(6) The name and address of the petitioner.

Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 201.02 Decision by Board.

(a) Within 30 days of receipt of a petition, the board shall prepare a written declaratory ruling providing a response to the petition; or

(b) If the petition raises legal questions that causes the board to refer the matter to the department of justice for a legal opinion, the board shall refer the matter to the department of justice for a legal opinion within 30 days of receipt of the petition. Thereafter, the board shall provide a ruling within 30 days of receipt of an opinion or other response of the department of justice that is determinative of all legal questions.

Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 201.03 Return of Deficient Petitions. In the event the board determines that a petition does not comply with Pes 201.01 or provides insufficient information upon which to make the requested declaratory ruling, the board shall within 30 days return the petition to the petitioner with a statement indicating the nature of the deficiencies.

Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

PART Pes 202 PROCEDURES FOR APPEALS

Statutory Authority: RSA 430:31, V.

Pes 202.01 Appeal Process.

(a) The procedures set forth in this section shall apply to appeals to the board from a decision of the division:

(1) To deny an application for a permit or certificate of registration;

(2) To revoke, suspend, or modify a permit or certificate of registration;

(3) To impose an administrative fine;

(4) To issue an order; or

(5) To issue or deny a special permit.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.02 Filing the Petition for Appeal. Within 30 days of a decision of the division granting, denying, revoking, suspending, or modifying a permit or certificate of registration, or imposing an administrative fine, or issuing an order, any person aggrieved by the decision of the division may file with the board a petition for appeal. The petition for appeal shall constitute a request for an adjudicative proceeding before the board. A copy of the petition shall also be filed with the division at the same time it is filed with the board. The petition for appeal shall be deemed to have been filed on the date it is received.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.03 Notice of Petition for Appeal.

(a) Appeals shall be commenced by filing a notice of petition for appeal as specified by this section with the board.

(b) The notice of petition for appeal shall set forth in plain language:

(1) A clear and concise statement of the relief sought and the statutory provision under which the relief is sought;

(2) The exact legal name and address of each person seeking the relief;

(3) The findings, conclusions, or conditions to which the petitioner objects;

(4) The nature of the evidence or arguments to be offered;

(5) A concise and explicit statement of the facts upon which the board is expected to rely in granting relief; and

(6) A copy of the decision or order which is being appealed.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.04 Transmittal of Division Record.

(a) Within 20 working days of receiving a copy of the petition for appeal, the division shall prepare and transmit to the board and to the petitioner a certified copy of the record of the action or decision under review.

(b) The record prepared pursuant to (a) above shall contain, to the extent applicable:

(1) A tape recording of the oral hearing conducted before the division, or stenographic notes or symbols prepared for the presiding officer at the hearing;

(2) All documents, photographs, and other evidence introduced at the oral hearing or received by the division;

(3) Any public notices issued by the division;

(4) Any motions, comments, written arguments, or other pertinent documents received by the division; and

(5) Written responses issued by the division in answer to specific objections and points of contention that had been raised in the petition for appeal.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.05 Notice of Appeal Hearings.

(a) The board shall issue a notice of appeal hearing at least 30 days prior to the appeal hearing.

(b) The notice of appeal hearing shall contain:

(1) The information required by RSA 541-A:31, III, namely:

a. A statement of the time, place and nature of any hearing;

b. A statement of the legal authority under which a hearing is to be held;

c. A reference to the particular statutes and rules involved, including this chapter;

d. A short and plain statement of the issues presented;

e. A statement that each party has the right to have an attorney present to represent the party at the party’s expense; and

f. A statement that each party has the right to have the agency provide a certified shorthand court reporter at the party’s expense and that any such request be submitted in writing at least 10 days prior to the proceeding; and

(2) A statement informing all persons of their obligation to file a written appearance with the board as provided in Pes 202.09 in order to receive further notice of proceedings relating to the appeal and to participate in the hearing.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #9712-A, eff 5-11-10; ss by #10198-A, eff 10-3-12

Pes 202.06 Place of Hearings. All hearings before the board shall be held at the office of the division in Concord, unless otherwise specified by the board in the Notice of Appeal Hearing issued pursuant to Pes 202.05.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.07 Computation of Time. All time periods referenced in these rules shall be calendar days. Computation of any period of time referred to in these rules shall begin with the first day following that on which the act which initiates such period of time occurs. The last day of the period so computed shall be included. If the last day of the period so computed falls on a Saturday, Sunday, or state legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday, or state legal holiday.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.08 Record of Appeal Hearing.

(a) A record of the hearing shall be kept by tape recording. Copies of the recording shall be provided to the public upon request and payment of the cost of the tape and staff time to make the copy, or for staff time only if a blank tape is submitted with the request. If any person desires a transcript of the tape, a transcript shall be prepared provided the cost of the transcription is paid by the person(s) requesting the transcript, who shall be billed directly by the person preparing the transcript.

(b) The record of the appeal hearing shall include:

(1) The petition for appeal;

(2) The record prepared by the division of the action or decision under review;

(3) The transcript of the appeal hearing;

(4) All motions, memoranda, proposed orders, exhibits and other written materials submitted by any party;

(5) All proposed findings of fact or conclusions of law submitted by any party; and

(6) All rulings and decisions on the merits of the appeal.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.09 Appearance Before the Board.

(a) Subject to (d) below, all interested persons with standing who wish to participate in the appeal hearing or to receive notice of the proceedings, filings or decisions shall file a written appearance with the board.

(b) The appearance shall:

(1) Identify the name and address of the person to whom further communication shall be sent;

(2) Specify the person’s interest in the matters addressed by the appeal; and

(3) Specify whether the person intends to participate in the appeal hearing or whether the person only wants to receive notice of filings or decisions, and, if so, which filings and/or decisions.

(d) The division and the appellant shall be deemed to have filed an appearance.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.10 Intervention.

(a) Any nonparty may intervene in a matter pending before the board by filing a motion stating facts demonstrating that the nonparty’s rights or other substantial interests might be affected by the appeal or that the nonparty qualifies as an intervenor under any provision of law.

(b) If the presiding officer of the board, as identified in Pes 202.13, determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the appeal, he or she shall grant the motion for intervention.

(c) Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the motion for intervention.

(d) Motions for intervention shall be filed any time after the filing of the notice of petition for appeal, but prior to the opening of the appeal hearing, and shall:

(1) State the movant’s interest in the subject matter of the appeal;

(2) Identify whether the movant appears in support of the appeal petition, or the respondent, as well as the movant’s own interest;

(3) Identify why the interests of the parties and the orderly and prompt conduct of the appeal hearing would not be impaired; and

(4) Identify any other reasons why the movant should be permitted to intervene.

(e) If granted leave to intervene, the intervenor shall take the proceeding as he or she finds it, and no portion of the appeal hearing shall be repeated because of the fact of intervention.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.11 Representatives.

(a) Any party to a hearing before the board may be represented by any individual as the party may designate. Any party who wishes to be represented shall submit to the board a written authorization for the representation that is signed by the party and the representative. The authorization shall identify the name, address and telephone number of the individual who will be representing the party, their relationship to the party and their professional affiliation.

(b) Nothing in this section shall be construed to permit the unauthorized practice of law.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.12 Failure to Appear at Appeal Hearing. If any party to whom notice has been given in accordance with Pes 202.05 fails to appear at the appeal hearing, the board shall declare the party to be in default and either:

(a) Dismiss the case, if the party with the burden of proof fails to appear; or

(b) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.13 Presiding Officer.

(a) The presiding officer at any appeal hearing held by the board shall be the chairman or his designee.

(b) The presiding officer shall:

(1) Regulate the course of the hearing;

(2) Rule upon issues of evidence;

(3) Rule upon issue of procedure;

(4) Administer oaths and affirmations;

(5) Take official notice of facts in accordance with RSA 541-A:33,V; and

(6) Question witnesses.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.14 Opening of the Hearing. The presiding officer shall open the appeal hearing by describing in general terms the purpose of the hearing and the general procedures governing its conduct, and shall then proceed in accordance with this part.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.15 Testimony.

(a) All testimony of parties and witnesses at an appeal hearing shall be made under oath or affirmation.

(b) Any person testifying before the board shall state for the record his or her name, address, and if a representative of a party, the identity of the party so represented.

(1) The party requesting the hearing and such witnesses as the party may call;

(2) Division staff, and such witnesses as the division may call;

(3) Representatives of other federal, state, or local agencies having jurisdiction over the subject matter of the hearing; and

(4) Intervenors pursuant to RSA 541-A:32.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.16 Cross-Examination. The presiding officer, members of the board, and legal counsel to the board may cross-examine witnesses during or at the conclusion of testimony of each witness to develop a complete record for decision. Other parties or their representatives shall have an opportunity to cross-examine witnesses. Cross-examination shall be by asking questions directly of the witnesses.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.17 Conduct of Parties and Representatives. In the interest of order and decorum, if the presiding officer determines that cross-examination is disruptive to the orderly conduct of the proceedings, the presiding officer shall require cross-examination to be conducted indirectly, by addressing questions through the presiding officer.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.18 Evidence.

(a) The rules of evidence shall not apply.

(b) Evidence which is relevant and material to the subject matter of the hearing shall be admissible. Evidence which is irrelevant, immaterial or unduly repetitious shall be excluded. The experience, technical competence, and specialized knowledge of the board members, if relevant, may be used in the evaluation of all evidence submitted to the board.

(c) Whenever necessary for a full and fair consideration of the appeal, the presiding officer shall take official notice of relevant laws, official rules and transcripts of other hearings, generally recognized facts of common knowledge to the public at large, and physical, technical, or scientific facts within his or her specialized knowledge. The final decision of the board shall include those facts of which official notice was taken, unless those facts are included in the transcript of the record.

(d) All documents, materials, and objects offered in evidence as exhibits shall be marked by the offering party or intervenor with the docket number and shall, if accepted, be numbered or otherwise identified in a sequential manner. Documentary evidence shall be received in the form of copies or excerpts if the original is not available. Any person offering any documentary or photographic evidence shall provide the board with 15 copies of such documents or photographs.

(e) All written testimony and documents, materials, and objects admitted into evidence shall be made available during the course of the hearing for public examination. All such evidence shall also be available at the board's office in Concord during normal business hours.

(f) In any proceeding involving an application, the application filed with the division, including exhibits and amendments thereto, shall be placed into evidence by the division.

(g) All objections to rulings of the presiding officer regarding evidence or procedure and the grounds therefore shall be timely stated during the course of the hearing.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.19 Burden of Proof.

(a) The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

(b) Without limiting the generality of Pes 202.19(a), all moving parties and all petitioners shall have the burden to show that their motion or petition should be granted.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.20 Close of Record. After the conclusion of the hearing, no other evidence, shall be allowed into the record.

Source. #5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.21 Continuance.

(a) Any party or intervenor may request that a hearing conducted pursuant to this part be continued and reconvened or rescheduled for reasonable cause, including the following:

(1) Unavailability of an individual party, representative or critical witness; and

(2) Other uncontrollable situations such as illness, accident or extreme weather conditions.

(b) Requests for a continuance made prior to a hearing shall be in writing and shall state the reason for the request.

(d) If the board determines that reasonable cause exists and that no other party or intervenor will be prejudiced by the delay, the board shall grant the request.

(e) All orders for continuance shall specify the time and place at which such hearings shall be reconvened.

(f) If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record. If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order to the party or intervenor pursuant to (a) above, stating the date, time and place of the postponed hearing as soon as practicable.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.22 Recess and Adjournment. The board shall, from time to time, at the request of any party or on its own initiative, recess, adjourn, and continue any hearing as shall be necessary for the orderly conduct of the proceeding.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.23 Reopening the Record. At any time prior to a final decision on the appeal, any party or intervenor may request the presiding officer to reopen the record to consider testimony, evidence or arguments not previously submitted or raised. If the presiding officer determines that such testimony, evidence or arguments are necessary to a full consideration of the subject matter of the appeal, the record shall be reopened to accept the offered items. The presiding officer shall give written notice of the acceptance into the record of the offered items to all parties and intervenors of record if the parties and intervenors are no longer present. The presiding officer shall also set a time within which other parties and intervenors may respond to or rebut the items made part of the record and a time within which all parties and intervenors may cross examine the witnesses.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.24 Decisions.

(a) A decision on the appeal shall be made only after full consideration of the record, and shall be made pursuant to Pes 201.02.

(b) A board member shall not participate in making a decision unless he or she personally heard the testimony in the appeal, or unless the appeal’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(c) If a presiding officer has been delegated the authority to conduct an appeal hearing in the absence of a majority of the board, the presiding officer shall submit written recommendations to the board for a decision, which shall contain the following:

(1) The subject of the hearing, including identification of the relevant statute(s) and rule(s);

(2) The names and addresses of all parties to the appeal;

(3) The names and affiliations of all individuals who testified at the hearing either orally or in writing and a summary of the testimony received at the hearing;

(4) A description and discussion of all other evidence presented;

(5) Proposed findings of fact and conclusions of law, including proposed rulings on any proposed findings of fact and rulings of law submitted by the parties; and

(6) A recommended decision.

(d) After reviewing the record and any written recommendation for decision, the board shall issue a written decision to all parties that:

(1) Summarizes the nature of the appeal;

(2) States the decision;

(3) States the findings of fact and conclusions of law upon which the decision is based; and

(4) If proposed findings of fact and conclusions of law were submitted, states the rulings made on the proposals.

Source. #6834, eff 8-26-98; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.25 Motion for Rehearing.

(a) Parties and intervenors may file with the board a motion for rehearing within 30 days of the date of the decision issued by the board pursuant to Pes 202.24.

(b) A motion for rehearing shall:

(1) Identify each error of fact, error of reasoning or error of law which the moving party wishes to have reconsidered;

(2) Describe how each error causes the board’s decision to be unlawful or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary unreasonable or capricious;

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

(c) The burden of proof shall be on the moving party to show by preponderance of the evidence that the board’s decision was unlawful or unreasonable.

(d) A motion for rehearing on an appeal shall be granted if it demonstrates that the board’s decision is unlawful or unreasonable.

(e) The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 202.26 Waiver of Rules. Any party or intervenor may request the board to waive the application of certain rules pursuant to Pes 202. Requests made prior to or subsequent to a hearing shall be made in writing and shall state the basis for the request. Requests made at a hearing may be made orally, stating the basis for the request, and shall be entered into the record. If no other party or intervenor objects to the waiver and the interests of other parties or intervenors to the proceeding will not be prejudiced by the waiver, the board shall grant the request.

Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

PART Pes 203 RULEMAKING HEARINGS

Pes 203.01 Public Notice of Rulemaking Hearing. The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to conduct a rulemaking hearing pursuant to RSA 541-A:6.

Source. #4308, eff 9-1-87; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 203.02 Presiding Officer. The presiding officer shall:

(a) Maintain order during the rulemaking hearing, and order any person causing disorder or a disruption to the orderly conduct of the hearing to leave the hearing room;

(b) Recognize speakers who have represented that they wish to speak;

(d) Adjourn the hearing.

Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 203.03 Conduct of the Rulemaking Hearing. The hearing shall proceed as follows:

(a) The presiding officer shall make opening remarks;

(b) Individuals generally supporting the adoption, amendment or repeal of the rule shall be recognized by the presiding officer to provide comment;

(c) Individuals generally objecting to the adoption, amendment or repeal of the rule shall be recognized by the presiding officer to provide comment;

(d) After all persons wishing to comment have been heard, the presiding officer shall receive any written comment not previously submitted to the board; and

(e) After all written comment has been collected, the presiding officer shall make closing remarks and adjourn the hearing.

Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 203.04 Oral Comment. Any individual wishing to speak on the adoption, amendment or repeal of a rule may make oral comment relative to such rule at the rulemaking hearing.

Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 203.05 Written Comment.

(a) Any individual may submit written comment by either print or electronic media to the board pertaining to the adoption, amendment or repeal of a rule.

(b) All written comment by either print or electronic media relative to proposed rulemaking shall be submitted to the board in accordance with the notice of rulemaking, which shall set forth a deadline for receiving written comment.

Source. #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

PART Pes 204 RULEMAKING PETITIONS

Pes 204.01 Rulemaking Petitions.

(a) A person may request the adoption, amendment, or repeal of a board rule by filing an original and 2 copies of a rulemaking petition with the board.

(b) A rulemaking petition filed with the board shall include the following:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A statement of the justification for the adoption, amendment, or repeal of a rule;

(4) Any supporting data, information, exhibits, illustrations, or other documentation;

(5) The identification of any statutes, rules, orders, or other legal authority which support the petition; and

(6) A draft of the proposed rule.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 204.02 Incomplete Rulemaking Petitions.

(a) The board shall notify the petitioner of any deficiencies in the petition within 15 days of the submission of a petition to adopt, amend, or repeal a rule.

(b) Any corrected petition which is filed with the board shall be deemed to be the first submission of the petition for the purposes of applicable deadlines.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

Pes 204.03 Action on Rulemaking Petition.

(a) Within 30 days after the submission of a rulemaking petition, the board shall either grant or deny the petition.

(b) The board shall:

(1) Notify the petitioner in writing of a decision to deny the petition with all the reasons for the denial clearly stated; or

(2) Notify the petitioner in writing of a decision to grant the petition, and commence rulemaking proceedings by requesting a fiscal impact statement pursuant to RSA 541-A:5 within 120 days of receipt of the petition and continuing the proceeding in accordance with the applicable provisions of RSA 541-A:3.

(1) The petition for rule or amendment or repeal of an existing rule would not be consistent with established standards for the control of pesticides by the board;

(2) The petition lacks rulemaking authority; or

(3) The petition is contrary to legislative intent.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

PART Pes 205 EXPLANATION AFTER ADOPTION

Pes 205.01 Explanation after Adoption.

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to the board.

(b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

APPENDIX

Rule	Specific State Statute which the Rule Implements

Pes 201.01 - Pes 201.03	RSA 430:31, V
Pes 202.01 - Pes 202.26	RSA 430:31, IV(m)
Pes 203.01 - Pes 203.05	RSA 430:31, II
Pes 204.01 - Pes 204.03	RSA 430:31, V
Pes 205.01	RSA 541-A:11