(a) Within 30 days of the submission of a petition to adopt, readopt with amendments, or repeal a rule in title Plc, the executive director shall:
- (1) Determine whether to grant or deny the petition; and
- (2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.
(b) If the petition is submitted to a policy-autonomous board, then within 30 days after the first meeting of the board held after receipt of the petition, the board shall:
- (1) Determine whether to grant or deny the petition; and
- (2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.
- (c) As required by RSA 541-A:4, I, if the petition is denied, the notice sent pursuant to (a)(2) or (b)(2), above, shall specify the reason(s) for the denial.
- (d) If the petition is granted, the executive director or board shall commence a rulemaking as required by RSA 541-A:4, I.
(e) A denial shall be based upon a finding by the executive director or board that:
- (1) The proposed action is not consistent with established standards of practice of the profession being regulated or the purpose and intent of the statute being implemented;
- (2) The executive director or board lacks rulemaking authority over the issue(s) in the petition; or
- (3) The proposed action is not in the best interests of affected persons or is contrary to legislative intent.
Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)