1. (a) Under the provisions of RSA 541-A:4, submission of a petition to adopt a rule, or to amend or repeal an existing rule, shall be made in writing to the commissioner, and contain the following information:

   1. (1) The full name and address of the petitioner;
   2. (2) The purpose of the petition such as adoption, amendment or repeal of a rule together with a detailed statement outlining the petitioner's request;
   3. (3) Reference to the statute or statutes upon which the petition for adoption, amendment or repeal of a rule is requested; and

   4. (4) A statement whether, to the best of the petitioner's knowledge, the issue which is the subject of the petition is:

      1. a. The subject of an administrative appeal or pending in litigation; or
      2. b. The subject of a decision which has become final.
2. (b) The commissioner shall, within 30 days after receipt of a petition under this rule, either deny the petition in writing, stating therein his reason for denial, or shall initiate rulemaking proceedings.

3. (c) Reasons for denial shall include:

   1. (1) The adoption, amendment or repeal of the rule would conflict with a statute;
   2. (2) The adoption, amendment or repeal of the rule would conflict with public policy;
   3. (3) The adoption, amendment or repeal of the rule would change a long-term effect on the regulated public more appropriately changed by the legislature; or
   4. (4) The adoption, amendment or repeal of the rule is deemed inappropriate for similar reasons.

Source. #6565-B, eff 9-2-97 (formerly Emp 102.01), EXPIRED: 9-2-05 New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 New. #8626-A eff 5-6-06; ss by #10055, eff 12-20-11 (formerly Emp 205.01)