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

2. (b) The board shall deny the petition for rulemaking when the adoption, amendment or repeal sought would result in:

   1. (1) A rule which 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 receipt of a sufficient petition the board shall dispose of it in the following manner:

   1. (1) By notifying the individual or entity representative filing the petition that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
   2. (2) By notifying such individual or entity representative 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. #8300, eff 3-9-05