SB 486 — relative to the administrative procedure act.

(a) Inclement weather that would not allow for a reasonable opportunity for the public to participate;[.] (b) Lack of a quorum [due to illness or unavoidable absence] for rules proposed by a board or commission;[.] CHAPTER 254 SB 486 - FINAL VERSION - Page 9 - (c) Inability by the public during a virtual or hybrid hearing to access the hearing electronically consistent with RSA 541-A:11, I(b), in which case the agency shall adjourn and [reschedule] postpone the hearing pursuant to this section;

or[.] SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 10 - (d) The agency determines [Determination by the agency] that postponement of the [public comment] hearing [shall] will facilitate greater public participation [by the public].

[In addition to seeking information by other methods,] An agency[, before publication of a notice of proposed rulemaking under RSA 541-A:6,] may solicit comments from the public on a subject matter of possible rulemaking under active consideration within the agency before publication of a notice of proposed rulemaking under RSA 541-A:6 by [causing notice to be SBpublished] 486publishing -a VERSIONnotice ADOPTEDin BYthe BOTHCHAPTER BODIES254 -SB Page486 11 - published]FINAL publishingVERSION a- noticePage in10 the- rulemaking register of the subject matter and indicating where, when, and how persons may provide comment on the rules under consideration.

Each proposed rule shall have a separate location for all public comments received for that rule.ruleDuplicative comments may be consolidated at the agency's discretion.

Duplicative comments may be consolidated at the agency's discretion.

16254:16 Administrative Procedure Act;

Filing Final ProposaAmendProposal. RSA 541-A:12 to read as follows:

Amend RSA 541-A:12 to read as follows:

(c) 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 SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 12 - and] explaining how [this change affects] changes to the rule text affect the original fiscal impact statement.

(d) If [A copy of] the [fixed] established text of the final proposed rule is different than the text of the initial proposal, an annotated copy of the established text to clearly [to show how] demonstrate CHAPTER 254 SB 486 - FINAL VERSION - Page 11 - differences between the final proposed rule [differs from] and the rule as initially proposed[, if the text has changed].

and SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 13 - (e) Certifying that the agency has the capability and the intent to enforce the requirements being incorporated.

[Each agency shall,] Upon request for a copy of any document or Internet content incorporated by reference in the agency's rules, an agency shall make available for inspection any such CHAPTER 254 SB 486 - FINAL VERSION - Page 12 - document or downloaded Internet content, and provide copies of the document in accordance with RSA 91-A.

[Each] An agency shall include the information required in subparagraph IV(b) as an appendix with [each] the filing of the proposed [or adopted] rule.[Therule. agency shall make the information available to the public with a proposed or adopted rule whenever the rule is made available to or requested by the public.] When the rule is published pursuant to RSA 541-A:15, the information shall be published as an appendix to the rule chapter containing the rule with a reference in the rule to the appendix.

[The agency shall make the information available to the public with a proposed or adopted rule whenever the rule is made available to or requested by the public.] When the rule is published pursuant to RSA 541-A:15, the information shall be published as an appendix to the rule chapter containing the rule with a reference in the rule to the appendix.

17254:17 Administrative Procedure Act;

SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 14 - (e) Failure of the committee to act on a proposed rule within the 60-day period under paragraph I shall be deemed approval.

or CHAPTER 254 SB 486 - FINAL VERSION - Page 13 - (d) Deemed by the committee to have a substantial economic impact not recognized in the fiscal impact statement.

SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 15 - (2) Upon request of the committee, the director shall send a copy of the objection to the appropriate house and senate standing policy committees and provide notice to the agency.

An agency shall not be precluded from CHAPTER 254 SB 486 - FINAL VERSION - Page 14 - filing an initial proposal for a similar rule.

(d) The director shall notify an agency in writing if, after reviewing a filed preliminary objection response, the basis for a preliminary objection remains or the agency response creates new basis for objection.objection.In such instances, the agency may request the committee approve the rule with further amendment.

In such instances, the agency may request the committee approve the rule with further amendment.

A committee final objection to any provision of a rule published in the rulemaking register shall shift the burden of proof in any action for judicial review or for enforcement of the provision to the adopting agency to establish that the provision of the rule is within the scope of SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 16 - authority delegated to the agency;

If a joint CHAPTER 254 SB 486 - FINAL VERSION - Page 15 - resolution is not introduced within this time frame, the agency may adopt the rule.

If a joint resolution is introduced within this time frame, the agency shall be prevented from adopting and filing such rule until final legislative action is taken on the resolution or the passage of 90 consecutive calendar days during which the general court shall have been in session, whichever occurs first.Thefirst. 90 calendar day period shall commence on the date such joint resolution is introduced.

The 90 calendar day period shall commence on the date such joint resolution is introduced.

SB254:18 486 - VERSION ADOPTED BY BOTH BODIES - Page 17 - 18 Administrative Procedure Act;

The CHAPTER 254 SB 486 - FINAL VERSION - Page 16 - agency shall notify the director of [identify] each minor editorial change in writing [to the director of legislative services].

[The] An agency shall file with the director [of legislative services] all adopted rules and any related new or amended form[, or screenshot, mock-up, or prototype of an electronic-only form,] which the rules incorporate by reference or whose requirements are set forth in the rules pursuant to RSA 541-A:19-b.541-A:19- b.

SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 18 - The director shall maintain a file of all currently effective rules, and each agency shall maintain a file of its own currently effective rules, both of which shall be open to the public.

19254:19 Administrative Procedure Act;

20254:20 Administrative Procedure Act;

If the agency does not notify the director within the 60-day time frame [deadline], then it will be presumed [that] the agency has reviewed the edited language and agreed [that it is] the draft certified [version which] rule be published online as the certified rule [by the director in a CHAPTER 254 SB 486 - FINAL VERSION - Page 17 - format as determined by the director].

The director of the division of administrative rules for the office of legislative SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 19 - services, in consultation with state agencies, may enter into a contract for the preparation and publishing of the compilation of agency rules or any portion of it, or may certify a commercially prepared version of the compilation.

21254:21 Administrative Procedure Act;

on the date specified by the agency pursuant to RSA 541-A:14, IV, RSA 541-541-A:14-a, A:14-a, III, or RSA 541-A:19, X,[ or such other later date as specified,] provided that filing occurs before such effective date.

Except as provided in RSA 541-A:14-a, a rule adopted under RSA 541-541-A:14, A:14, IV shall expire 10 years from the effective date of the rule [after the last day of the tenth year following its becoming effective], unless sooner amended, readopted, [or] repealed, or the agency no longer has statutory authority for the rule.

22254:22 Administrative Procedure Act;

CHAPTER 254 SB 486 - FINAL VERSION - Page 18 - II.

The agency shall commence rulemaking to amend its SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 20 - rules no later than 90 days after the effective date of [such] the statute.

23254:23 Administrative Procedure Act;

(a) The name and address of the agency;[.] (b) The statutory authority for the rule;[.] (c) Whether the intended action is an adoption of a new rule, or an amendment to[,] or repeal of an existing rule;[.] (d) The rule number and title;[.] (e) A signed and dated statement by the adopting authority explaining the nature of the basis for the emergency rule, including an explanation of the effect upon the state or its citizens if the emergency rule were not adopted;[.] CHAPTER 254 SB 486 - FINAL VERSION - Page 19 - (f) A listing of people, enterprises, and government agencies affected by the rule;

The committee may petition the adopting agency to repeal the rule if it determines that the statement of emergency required by RSA 541-A:18, III(e) is inadequate and SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 21 - does not demonstrate [that] the rule is necessary to prevent an imminent peril to the public health or safety or that substantial fiscal harm to the state or its citizens could occur.

24254:24 Administrative Procedure Act;

(a) The name and address of the agency;[.] (b) Citation to the statutory rulemaking authority for the proposed interim rule;[.] CHAPTER 254 SB 486 - FINAL VERSION - Page 20 - (c) Whether the intended action is an adoption, readoption, [amendment,] readoption with amendment, or repeal;[.] (d) The rule number and title;[.] SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 22 - (e) A signed and dated statement by the adopting authority explaining why an interim rule is necessary, including documentary evidence to prove the agency is acting in accordance with the terms of this section and is not adopting an interim rule solely to avoid the time periods imposed by RSA 541-A, except as provided in paragraph I of this section;[.] (f) A listing of people, enterprises, and government agencies affected by the proposed interim rule;

(a) The director [of legislative services] shall notify [the] an agency of any potential [bases] basis for Executive Departments and Administration objection [by forwarding a copy of the proposed interim rule with comments noted thereon to the agency] at least 7 days prior to the committee review by sending a copy of the proposed interim rule with staff comments [meeting at which the rule will be CHAPTER 254 SB 486 - FINAL VERSION - Page 21 - considered].

[Following receipt of the comments] An agency may SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 23 - amend the language of a proposed interim rule in response to staff comments and file a request for conditional approval with the director, to be reviewed by the committee [of its interim rule with an amendment to address the noted potential bases for objection, or for other reasons in lieu of requesting an objectionBothobjection]. the request for conditional approval and the [amendment shall be in writing and] amended language shall be filed at least 3 days prior to the meeting for which the proposed interim rule is [has been placed] on the agenda.[ An agency may request a waiver pursuant to RSA 541-A:40, IV of the 3-day deadline for good cause as established in the drafting and procedure manual under RSA 541-A:8, but the] In lieu of a written request, the committee may for compelling reasons, [under the committee's rules pursuant RSA 541-A:2, II] accept a request for [a] conditional approval in the meeting.

Both the request for conditional approval and the [amendment shall be in writing and] amended language shall be filed at least 3 days prior to the meeting for which the proposed interim rule is [has been placed] on the agenda.[ An agency may request a waiver pursuant to RSA 541-A:40, IV of the 3-day deadline for good cause as established in the drafting and procedure manual under RSA 541-A:8, but the] In lieu of a written request, the committee may for compelling reasons, [under the committee's rules pursuant RSA 541-A:2, II] accept a request for [a] conditional approval in the meeting.

[If the committee legal counsel determines that the agency has amended the SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 24 - rule in accordance with the conditional approval and this paragraph, the committee legal counsel shall promptly send written confirmation of compliance to the agency.

The agency may then adopt the rule as amended.] CHAPTER 254 SB 486 - FINAL VERSION - Page 22 - (c) [If] The committee may vote to preliminarily object [objects] to the proposed interim rule as filed or as amended pursuant to a request for conditional approval.

[No proposed interim rule shall be adopted unless within 90 days of publication of the notice the committee votes to approve or conditionally approve the proposed interim ruAn.]rule.] An agency may adopt a proposed interim rule if the committee votes to approve or conditionally approve the rule within 90 days of publication of the notice of rulemaking in the rulemaking register.

[No proposed interim rule shall be adopted unless the committee has voted to approve the proposed interim rule or conditionally approve the proposed interim rule, provided that the committee legal counsel has sent written confirmation to the agency pursuant to RSA 541-A:19, VIII(b).] An adopted interim rule and any [new or amended] form[, or screenshot, mock-up, or prototype of an electronic-only form,] which the rule incorporates by reference or for which the SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 25 - requirements [for which] are set forth in the rule pursuant to RSA 541-A:19, shall be filed with the director [of legislative services] no later than 30 days following committee approval or conditional approval or in the case of a board or commission, 7 days [following] of its next regularly scheduled meeting after committee approval or after receipt of the written confirmation of compliance with a [pursuant to RSA 541-A:19, VIII(b) for a committee] conditional approval.

on the day after filing with the director [of legislative services], or at a later date, provided [the] an agency [so] specifies the date in a letter to the director [of legislative services] and the effective date is within 30 days [following] of committee approval or conditional approval or, in the case of a board or commission, within 7 days CHAPTER 254 SB 486 - FINAL VERSION - Page 23 - following its next regularly scheduled meeting after committee approval or conditional approval [receipt of the written confirmation pursuant to RSA 541-A:19, VIII(b)].

The effective date of an interim rule may fall outside of the 30 and 7 day time periods above if the interim rule is adopted to conform with a new or amended statute or chaptered session law pursuant to RSA 541-541-A:19, A:19, I(a), and the effective date is the same as the effective date of the statute or chaptered session law with which the interim rule is adopted to conform.

Interim rules shall be effective for a period [not to exceed] no longer than 180 days except as extended pursuant to RSA 541-541-A:14-a. A:14-a.

25254:25 Administrative Procedure Act;

(a) The name and address of the agency;[.] (b) The statutory rulemaking authority for the rule;[.] (c) The rule number and title;[.] SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 26 - (d) An explanation of the reason for the proposed repeal;[.] (e) The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the proposed repeal and to arrange for reasonable accommodation for persons with disabilities wishing to attend the public comment hearing;[.] (f) The date, time, and physical location, if applicable, of the public comment hearing;

III.III.The notice required by paragraph II shall be filed with the director of the division of administrative rules for the office of legislative services for publication in the rulemaking register.

The notice required by paragraph II shall be filed with the director of the division of administrative rules for the office of legislative services for publication in the rulemaking register.

CHAPTER 254 SB 486 - FINAL VERSION - Page 24 - V.

If consistent with RSA 91-A, the agency may hold a virtual or hybrid public comment hearing, provided that the public may participate by telephone, with additional access possibilities by video or other electronic means in accordance with the terms of the notice, including a mechanism for the public to alert the agency during the hearing if there are problems with accEachaccess. participant in a virtual or hybrid public comment hearing shall be able to simultaneously hear and speak to the other agency and public participants and be audible or otherwise discernable to the public in attendance, whether attendance is in-person or by electronic means.

Each participant in a virtual or hybrid public comment hearing shall be able to simultaneously hear and speak to the other agency and public participants and be audible or otherwise discernable to the public in attendance, whether attendance is in-person or by electronic means.

The proposed repeal shall be placed on the agenda [of the] for committee [for] review at the first [regularly scheduled or special] committee meeting at least 5 calendar days after the close of the period for written or electronic comment described in paragraphTheparagraph committeeV. may approve or object to the repeal.

The committee may approve or object to the repeal.

or SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 27 - (c) Deemed by the committee not to meet the requirements of paragraph I.

26254:26 Administrative Procedure Act;

27CHAPTER 254 SB 486 - FINAL VERSION - Page 25 - 254:27 Administrative Procedure Act;

(a) The name and address of the agency;[.] (b) The statutory authority for the form;[.] (c) The rule number and title of the [affected] rule section to be amended;[, and whether the action is an amendment or readoption with amendment of the rule as described in the drafting and procedure manual pursuant to RSA 541-A:8.] SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 28 - (d) An explanation of the reason for the proposed amendment [of a] to the form, [and] a summary of the relevant [existing, affected] rule, and the proposed amendment to the form and [the] rule;[.] (e) The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the proposed form;

CHAPTER 254 SB 486 - FINAL VERSION - Page 26 - IV.

SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 29 - (b) Contrary to any state or federal statute or regulation, the overall purpose of a statute, this chapter, the drafting and procedural manual, the state or federal constitution, or other applicable controlling authority [the intent of the legislature];

28254:28 Administrative Procedure Act;

[pursuant to RSA 541-A:8.] CHAPTER 254 SB 486 - FINAL VERSION - Page 27 - (d) The proposed amendment has no fiscal impact which would otherwise require a fiscal impact statement pursuant to RSA 541-A:5;

(d)] The rule number and title;[.] SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 30 - [(e)] (d) A concise summary of the existing rule and the proposed amendment, and an explanation of the differences between the existing document or Internet content incorporated by reference and the document or Internet content in the amended rule;[.] [(f)] (e) Identification of the state or federal statute or regulations which the rule is intended to implement pursuant to RSA 541-A:3-a, including an appendix as described in the drafting and procedure manual;[.] [(g)] (f) The deadline for receipt by the agency of written or electronic public comment, which shall be no sooner than the fourteenth calendar day after the date of publication of the notice in the rulemaking register;

III.III.The notice required by paragraph II shall be filed with the director of the division of administrative rules for the office of legislative services for publication in the rulemaking register.

The notice required by paragraph II shall be filed with the director of the division of administrative rules for the office of legislative services for publication in the rulemaking register.

The amended rule shall be placed on the agenda [of the] for committee [for] review at the first [regularly scheduled or special] committee meeting at least 5 calendar days after the close of the period for written or electronic comment described in subparagraph II(g).II(g)The committee may approve, CHAPTER 254 SB 486 - FINAL VERSION - Page 28 - conditionally approve, or object to the amended rule pursuant to RSA 541-A:13, V-VII.

The committee may approve, conditionally approve, or object to the amended rule pursuant to RSA 541-A:13, V-VII.

or SB 486 - VERSION ADOPTED BY BOTH BODIES - Page 31 - (d) Deemed by the committee not to meet the requirements of paragraph I.

Subsequent review and adoption of the amended rule shall be as provided in RSA 541-541-A:13, A:13, V-VII and RSA 541-A:14 as for final proposed rules.

29254:29 Administrative Procedure Act;

30254:30 Administrative Procedure Act;

31254:31 Administrative Procedure Act;

IV.(a) Notwithstanding any other provision of this chapter, the director of the division of administrative rules for the office of legislative services may, after consultation with the chair and vice-chairvice- chair of the joint legislative committee on administrative rules, and for good cause shown, waive any deadline or otherwise extend any time period contained in any provision of this chapter which relates to the rulemaking process.

32254:32 New Paragraph;

33254:33 Effective Date.

Approved:

July 02, 2026 Effective Date:

January 01, 2027