1. (a) Any person may petition the council to adopt, amend, or repeal a council rule by submitting an original rulemaking petition and one copy in accordance with this section.

2. (b) Each rulemaking petition shall:

   1. (1) Conform to the filing requirements of Ec-Wtr 201.01;
   2. (2) Be clearly marked “Attention: Council Secretary” on the envelope;
   3. (3) If the rulemaking petition is a petition to amend or repeal a rule, identify specifically the rule to be amended or repealed;
   4. (4) If the rulemaking petition is a petition to adopt or amend a rule, contain a draft of the proposed rule or amendment;
   5. (5) State generally the nature and effect of the proposed rule, amendment, or repeal; and
   6. (6) State in detail the reason(s) why the proposed rule, amendment, or repeal will improve the accuracy, efficiency, or equity of the appeals process.
3. (c) A rulemaking petition may include exhibits, illustrations, sworn statements, and any other such information as the petitioner may deem relevant.

4. (d) In accordance with the timelines established in RSA 541-A:4, I, the council shall either:

   1. (1) Deny the rulemaking petition unless it concludes that:

      1. a. The petition meets the requirements of paragraphs (a) and (b) above;
      2. b. The requested action is within the jurisdiction of the council;
      3. c. The requested action is consistent with statutory and case law;
      4. 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
      5. e. The requested action would likely improve the accuracy, efficiency, or equity of the appeals process; or
   2. (2) Initiate rulemaking proceedings in accordance with RSA 541-A:4, I and notify the petitioner.
5. (e) If the council denies the rulemaking petition for failure to comply with the requirements of Ec-Wtr 202.01 (a) and (b) above, the council shall notify the petitioner of each such failure to comply. Denial of a rulemaking petition under this paragraph shall not prevent a petitioner from curing the identified defects and refiling the rulemaking petition.
6. (f) The denial of a rulemaking petition shall not entitle the petitioner to a hearing.

Source. (See Revision Note # 1 and Revision Note #2 at chapter heading for Ec-Wtr 200) #13923, eff 4-11-24