§ 541-A:23 — Remedies for Procedural Failures

I. The following shall prevent a rule from taking effect:
(a) Failure to file with the director of legislative services;
(b) Failure to file with the committee;
(c) Failure to respond to an objection of the committee as required by RSA 541-A:13, V; or
(d) Failure to receive approval of the committee for a proposed interim rule, as required by RSA 541-A:19, X.
II. The following shall not affect the validity of a rule:
(a) Inadvertent failure to make required assurances relating to an incorporation by reference;
(b) Failure to certify that all procedures required by this chapter have been satisfied;
(c) Failure to meet the style requirements of RSA 541-A:7; or
(d) Inadvertent failure to mail notice or copies of any rule.
III. For other violations of this chapter, the court may fashion appropriate relief.
IV. An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter other than those listed in paragraph I shall be commenced within one year after the effective date of the rule. Such actions shall be brought in the Merrimack county superior court. The plaintiff shall give notice of the action to the office of legislative services, division of administrative rules, at the time of filing. Upon receiving a judgment on the merits, the respondent agency or department shall also file a copy of that judgment with the office of legislative services, division of administrative rules.

Legislative History

1994, 412:1, eff. Aug. 9, 1994. 2017, 101:2, eff. Aug. 7, 2017.