N.H. Admin. Code § Rko 219.02

Current through Register No. 36, September 5, 2024

Section Rko 219.02 - Petitions for Rulemaking

(a) Pursuant to RSA 541-A:4, any person may petition the ombudsman to adopt, amend, or repeal a rule.

(b) The petition shall:

(1) Be in legible, written, hard copy form;

(2) Be addressed to the ombudsman;

(3) State the petitioner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. E-mail address, if any;

(4) Be submitted to the office at the address set forth at Rko 102.02;

(5) Be signed and dated by the petitioner;

(6) If the request is made on behalf of an organization or entity other than the petitioner acting as a natural person:

a. State the name, address, and telephone number of the organization or entity on whose behalf it is filed; and

b. Contain a statement certifying that the person filing the petition is authorized to speak on behalf of the organization or entity; and

(7) State at a minimum:

a. Whether the petition requests the adoption, amendment, or repeal of a rule;

b. If repeal of a rule is sought, the specific section number and the precise text of the existing rule that the petitioner seeks to repeal;

c. If amendment of a rule is sought, the specific section number of the rule for which amendment is sought and the precise new language proposed, written in such a way as to conform to the requirements of the drafting and procedure manual described in RSA 541-A:8;

d. If adoption of a rule is sought, the new section number proposed and the precise text of the proposed rule;

e. The specific statutory provision that authorizes the rulemaking, for example, RSA 91-A:7-d, I, RSA 91-A:7-d, III or RSA 541-A:16, I(c);

f. Pursuant to RSA 541-A:3-a, the specific statutory provision or provisions, other than the rulemaking authority cited in e. above that the proposed adoption, amendment or repeal is intended to implement, for example RSA 91-A:7-b, IV or RSA 541-A:16, II(a); and

g. The reason or reasons that the petitioner believes that the proposed adoption, amendment or repeal should be instituted.

(c) Within 15 days of the receipt of a petition for rulemaking, the ombudsman shall notify the petitioner if the petition is incomplete or if additional information is required in order to reach a determination on the petition.

(d) If, within 15 days of a notification under (c) above, the petitioner does not submit a completed petition or the information, if any, requested, the ombudsman shall deny the petition.

(e) The ombudsman shall respond to a completed petition within 30 days by either denying the petition in writing and stating the reasons for the denial or by initiating a rulemaking proceeding under RSA 541-A:4.

(f) The petition shall be denied unless the ombudsman concludes that:

(1) It is within the office's authority to take the action requested;

(2) The requested action is consistent with statutory and case law affecting the office; and

(3) The requested action would better implement the laws affecting the office, or be desirable in order to fulfill the functions of the office in accordance with applicable law, than do the existing rules.

(g) The denial of a petition for rulemaking shall not:

(1) Entitle the petitioner to a hearing; or

(2) Preclude the ombudsman from pursuing alternative rulemaking.

N.H. Admin. Code § Rko 219.02

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.