1. (a) The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision.

2. (b) The board shall grant the petition for rulemaking if the adoption, amendment, or repeal sought would not result in:

   1. (1) A rule that is not within the rulemaking authority of the board;
   2. (2) Duplication of a rule or of a statutory provision;
   3. (3) Inconsistency between the existing rules and the statutory mandate of the board;
   4. (4) Inconsistency of administrative rules one with another; or
   5. (5) Excessive burden upon the board in terms of cost or a reduction in efficiency or effectiveness.

3. (c) Within 30 days of the next scheduled board meeting after receipt of a sufficient petition the board shall dispose of it in the following manner:

   1. (1) By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
   2. (2) By notifying the petitioner in writing that the petition is denied and the reasons for its denial.
4. (d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

Source. #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02 New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 213.02); ss by #12633, eff 10-2-18 (formerly Fam 215.02)