Section 328-E:11 Copies of Proposed Rules for Commissioner; Rulemaking to be Consistent With Statutory Authority.
I. At the same time the board files the text of a proposed rule with the director of legislative services under RSA 541-A:10, the board shall provide the commissioner of the department of health and human services with a copy of the text of the proposed rule. The commissioner shall monitor the rulemaking activity of the board under RSA 328-E:10 to ensure that all rules are:
(a) Consistent with the provisions of RSA 541-A;
(b) Consistent with the specific statutory authority under which they are adopted;
(c) Consistent with other statutes; and
(d) Consistent with rules adopted by any other board, commission, or agency.
II. If the commissioner determines that a rule proposed for adoption is not consistent with the criteria established in paragraph I of this section, the commissioner shall notify the board in writing. If the board does not take corrective action, the commissioner shall notify in writing the joint legislative committee on administrative rules, the senate executive departments and administration committee, and the house executive departments and administration committee for further corrective oversight action.
Source. 1994, 392:1, eff. Jan. 1, 1995.