N.H. Admin. Code § Per-A 201.01

Current through Register No. 45, November 7, 2024

Section Per-A 201.01 - Petitions for Rulemaking

(a) Any person may petition the board to adopt, amend, or repeal a rule by submitting a filing in accordance with this section and Per-A 204.02(a) through (f).

(b) Each petition to adopt, amend, or repeal a rule shall be made in writing and shall be addressed to the personnel appeals board at the address listed in Per-A 104.01(d).

(c) Each petition to adopt a rule shall:

(1) Identify the person proposing the adoption of the proposed rule;

(2) Contain a draft of the proposed rule to be adopted;

(3) State generally the nature and effect of the proposed rule; and

(4) State in detail the reason(s) why adoption of the proposed rule will improve the efficiency, efficacy or equity of the appeals process.

(d) Each petition to amend a rule shall:

(1) Identify the person proposing the amendment of a rule;

(2) Identify specifically the rule to be amended;

(3) Contain a draft of the proposed amendment; and

(4) State in detail the reason(s) why the amendment will improve the efficiency, efficacy or equity of the appeals process.

(e) Each petition to repeal a rule shall:

(1) Identify the person proposing the repeal of a rule;

(2) Identify specifically the rule to be repealed; and

(3) State in detail the reason(s) why the repeal of the rule will improve the efficiency, efficacy or equity of the appeals process.

(f) Within 30 days of receipt of the petition, the board shall:

(1) Deny the petition unless it concludes that:

a.The petition meets the requirements of paragraphs (a) and (b) and either paragraph (c), (d) or (e) above;

b.The requested action is within the jurisdiction of the board;

c.The requested action is consistent with statutory or case law;

d.The requested action would not result in a rule that is incapable of practical application or enforcement due to the absence of sufficient staff, funding or mechanisms of enforcement; and

e.The requested action would likely improve the efficiency, efficacy or equity of the appeals process; or

(2) Initiate rulemaking proceedings in accordance with RSA 541-A.

(g) If the board denies the petition for failure to comply with the requirements of Per-A 201.01(a) and (b) and either Per-A 201.01(c), (d) or (e) above, the board shall so notify the petitioner so that the petitioner may file a corrected petition.

(h) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

N.H. Admin. Code § Per-A 201.01

(See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #9205, eff 10-23-08