Section 541-A:18 Emergency Rules.
I. If an agency finds that an imminent peril to the public health or safety requires adoption of a rule with less notice than is required under RSA 541-A:6 and states in writing its reasons for that finding, it may proceed to adopt an emergency rule. The rule may be adopted without having been filed in proposed or final proposed form and may be adopted after whatever notice and hearing the agency finds to be practicable under the circumstances. The agency shall make reasonable efforts to ensure that emergency rules are made known to persons who may be affected by them.
II. Notwithstanding RSA 541-A:16, III, emergency rules adopted under this section shall not remain in effect for more than 180 days from the date and time of filing with the director of legislative services. An agency may propose a permanent rule on the same subject at the same time that it adopts an emergency rule, but it shall not adopt the same emergency rule when the emergency rule expires.
III. Emergency rules adopted under this section shall include:
(a) The name and address of the agency.
(b) The statutory authority for the rule.
(c) Whether the intended action is an adoption, amendment, or repeal.
(d) The rule number and title.
(e) A signed and dated statement by the adopting authority explaining the nature of the imminent peril to the public health or safety, including a summary of the effect upon the state if the emergency rule were not adopted.
(f) A listing of people, enterprises, and government agencies affected by the rule.
(g) The name, address, and telephone number of an individual in the agency able to answer questions on the emergency rule.
IV. Emergency rules adopted under this section shall not be adopted solely to avoid the time requirements of this chapter. 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 does not demonstrate that the rule is necessary to prevent an imminent peril to the public health or safety.
V. Effective rules which are amended or repealed by adoption of an emergency rule shall again be effective in their original form upon expiration of the emergency rule.
VI. An agency may repeal an emergency rule by filing a statement with the director of legislative services which includes:
(a) The name and address of the agency.
(b) The rule number and title.
(c) The effective date of the repeal.
(d) The name, address, and telephone number of an individual within the agency able to answer questions about the repeal.
(e) An explanation of why the rule is being repealed.
Source. 1994, 412:1. 2000, 288:16, eff. July 1, 2000.