§ 260:5 — Rulemaking Authority

All rulemaking authority expressly granted under the provisions of this title to the department or any of its administrators, officials, divisions or bureaus, or to any agency as defined in RSA 541-A:1, II, shall be subject to the provisions of RSA 541-A. Whenever, under the provisions of this title, the department or any of its administrators, officials, divisions or bureaus, or any other agency, has been granted authority to prescribe or otherwise require forms, reports or other matter included in the definition of rule in RSA 541-A:1, XV, such authority shall be construed as rulemaking authority and shall be subject to RSA 541-A. Provided, however, that under the provisions of this title wherever any administrator, official, division or bureau in the department has been granted the authority to adopt rules, either expressly or as stated above, such authority shall be subject to the approval of the commissioner. Unless otherwise specified in this title, appeals from any order or decision of the director, commissioner, division, department or other agency acting under the provisions of this title shall be pursued as provided in RSA 541.

Legislative History

1981, 146:1. 1994, 412:27, eff. Aug. 9, 1994.