1. (a) Within 30 days after the submission of a rulemaking petition, the board shall either grant or deny the petition.

2. (b) The board shall:

   1. (1) Notify the petitioner in writing of a decision to deny the petition with all the reasons for the denial clearly stated; or
   2. (2) Notify the petitioner in writing of a decision to grant the petition, and commence rulemaking proceedings by requesting a fiscal impact statement pursuant to RSA 541-A:5 within 120 days of receipt of the petition and continuing the proceeding in accordance with the applicable provisions of RSA 541-A:3.

3. (c) Any denial shall be based upon a finding by the board that, among other things:

   1. (1) The petition for rule or amendment or repeal of an existing rule would not be consistent with established standards for the control of pesticides by the board;
   2. (2) The petition lacks rulemaking authority; or
   3. (3) The petition is contrary to legislative intent.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12