Section 541-A:12 Filing Final Proposal.
I. After fully considering public comment and any committee comments or comments by the office of the legislative services received pursuant to RSA 541-A:11, and any other relevant information, a quorum of the members of the agency or the agency official having rulemaking authority shall establish the text of the final proposed rule. After the text of the final proposed rule has been established, the agency shall file the final proposal no earlier than 21 days and no later than 150 days after the date of publication of the notice in the rulemaking register. If an agency is required to rewrite a rule in accordance with RSA 541-A:8, the agency shall have up to 180 days after the date of publication of the notice in the rulemaking register to file the final proposal. The agency shall file the final proposal with the director of legislative services. Final proposals filed no later than 14 days before a regularly scheduled committee meeting shall be placed on the agenda for that meeting. Final proposals filed fewer than 14 days before a regularly scheduled committee meeting shall be placed on the agenda of the following regularly scheduled committee meeting.
I-a. If an agency chooses to receive and respond to comments before the committee meeting as specified in RSA 541-A:13, II(a) and (b), the agency shall file the final proposal with a request that the final proposal be reviewed by the office of legislative services and placed on the agenda for the next regularly scheduled committee meeting or special meeting that is at least 28 days but no more than 60 days after the date that the final proposal is filed. The final proposal and request shall be filed at least 14 days prior to the first regularly scheduled committee meeting at which the request may be considered. The committee shall notify the agency in writing of its approval or denial of the request.
II. The final proposal shall include:
(a) A cover sheet listing:
(1) The number of the notice and the date the notice appeared in the rulemaking register;
(2) The name and address of the agency;
(3) The title and number of the rule; and
(4) A citation to the statutory authority for the rule.
(b) Two copies of the established text of the final proposed rule.
(c) A copy of the full text of the statutory authority for the rule.
(d) If required pursuant to RSA 541-A:5, VI, an amended fiscal impact statement from the legislative budget assistant stating that as a result of notice and hearing the rule did change and explaining how this change affects the original fiscal impact statement.
(e) A copy of the fixed text of the final proposed rule annotated clearly to show how the final proposed rule differs from the rule as initially proposed, if the text has changed.
III. With the final proposal, the agency shall also file the incorporation by reference statement described by paragraph IV of this section, if the agency incorporates into its rules any document prepared by any entity outside the agency. However, the agency shall not incorporate by reference any document prepared by or on behalf of the agency.
IV. Any required incorporation by reference statement shall include a separately signed statement by the adopting authority:
(a) Certifying that the text of the matter incorporated has been reviewed by the agency, with the name of the reviewing official;
(b) Explaining how the text of the matter incorporated can be obtained by the public, and at what cost;
(c) Explaining any modifications to the matter incorporated;
(d) Discussing the comparative desirability of reproducing the incorporated matter in full in the text of the rule; and
(e) Certifying that the agency has the capability and the intent to enforce the rule.
Source. 1994, 412:1. 2000, 288:12. 2001, 110:2. 2003, 319:162, eff. July 1, 2003.