Rules > PART Pub 206

PART Pub 206 DECLARATORY RULINGS, RULEMAKING PROCEDURES

Pub 206.01 Petition for Declaratory Ruling.
Pub 206.02 Petition for Adoption of Rules.

Pub 206.01 Petition for Declaratory Ruling.

(a) Any public employer, any public employee or any employee organization may petition the board under RSA 541-A for a ruling regarding the specific applicability of any statute within the jurisdiction of the board to enforce, or any rule or order of the board, by filing with the board a petition for declaratory ruling setting out:

(1) The specific statute, rule or order whose applicability is in question; and

(2) A clear and concise statement of the facts giving rise to the petition.

(b) The board shall determine within 30 days of filing whether it shall dismiss such a petition or issue a ruling, and it shall subsequently give a ruling on all such petitions properly before it as expeditiously as possible.

(c) The board shall dismiss any such petition whose subject matter:

(1) Is substantially the same as that of a petition for declaratory ruling previously dismissed; or

(2) Was the subject of a previous ruling on the merits, absent a showing that the circumstances attending the previous ruling or dismissal have changed substantially in the intervening period.

(d) The board shall determine whether briefs will assist in issuing a ruling on a declaratory ruling petition and in the event briefs will be received shall establish a schedule for their submission.

Source. #7187, eff 1-8-00, EXPIRED: 1-8-08

New. #9145, INTERIM, eff 4-29-08, EXPIRED: 10-26-08
New. #9441-A, eff 3-27-09

Pub 206.02 Petition for Adoption of Rules.

(a) Any person may petition the board pursuant to RSA 541-A:4 to exercise its authority under RSA 273-A:2, VI, to adopt, amend or repeal a rule by filing with the board a statement setting out the substance or the language of the proposed rule or amendment together with a clear and concise statement of the reason for proposing the new rule, or for amending or repealing an existing rule.

(b) The board shall, within 30 days of the filing of the petition, either deny the petition in writing, stating its reasons for doing so, or initiate rulemaking procedures under RSA 541-A:3.

(c) Petitions for adoption, amendment or repeal of rules shall be denied for the following reasons:

(1) The substance of the rulemaking petition conflicts with RSA Chapter 273-A or other statutes;

(2) The subject matter is the subject of litigation pending before the board; or

(3) The board determines that the proposed rule will not further the interest of constructive labor relations in this state.

Source. #7187, eff 1-8-00, EXPIRED: 1-8-08

New. #9145, INTERIM, eff 4-29-08, EXPIRED: 10-26-08
New. #9441-A, eff 3-27-09