New Hampshire Revised Statutes 541-A:21 – Exceptions
Current as of: 2023 | Check for updates
|
Other versions
I. Authority granted under the provisions of the following statutes shall be exempt from RSA 541-A:
(a) N.H. Rev. Stat. § 230:53, relative to the use of limited access highway facilities.
(b) N.H. Rev. Stat. § 236:1, II, relative to regulating, permanently or seasonally, the use of certain class I, II and III highways by the posting of traffic control stop signs, devices, and signals thereon.
(c) N.H. Rev. Stat. § 265:22, relative to painted marking of highways.
(d) N.H. Rev. Stat. § 265:62, relative to the establishment of state speed zones.
(e) N.H. Rev. Stat. § 265:71, relative to stopping, standing, or parking and the placing of signs relative thereto on certain highways.
(f) N.H. Rev. Stat. § 236:9, relative to excavation permits.
(g) N.H. Rev. Stat. § 236:13, relative to driveway permits.
(h) N.H. Rev. Stat. § 231:161, relative to licensing utility poles and appurtenances within public highways.
(i) N.H. Rev. Stat. § 266:18-c, V, relative to bridge weight limits.
(j) N.H. Rev. Stat. § 651-A:22, II, relative to credit for good conduct of prisoners.
(k) RSA 111, relative to the state guard.
(l) N.H. Rev. Stat. § 284:12, IV, relative to the sale of pari-mutuel pools as authorized under N.H. Rev. Stat. § 284:22 and N.H. Rev. Stat. § 284:22-a.
(m) N.H. Rev. Stat. § 237:5, II; 237:9; 237:17; 237:24, I; 237:34; and 237:40, relative to the establishment of toll rates for turnpikes.
(n) Except for rules adopted by the authority acting through the division of ports and harbors under N.H. Rev. Stat. § 12-G:42, X, which shall be subject to the provisions of N.H. Rev. Stat. § 541-A:3 through N.H. Rev. Stat. § 541-A:15, RSA 12-G, relative to the Pease development authority.
(o) [Repealed.]
(p) [Repealed.]
(q) N.H. Rev. Stat. § 374:8, relative to a uniform system of accounts for regulated utilities.
(r) N.H. Rev. Stat. § 21-P:27, II(a) and (b), relative to educational, training and evidentiary standards for fire service personnel and curriculum requirements for schools training fire service personnel.
(s) N.H. Rev. Stat. § 106-L:5, VI, relative to educational, training, and evidentiary standards and curriculum requirements for police and corrections personnel and courses and tuition students at such courses.
(t) N.H. Rev. Stat. § 260:65-b, relative to the multi-jurisdictional fuel tax agreement.
(u) RSA 162-A, relative to the business finance authority.
(v) Rules adopted under RSA 195-D, relative to the New Hampshire health and education facilities authority.
(w) N.H. Rev. Stat. § 485:16-b, II relative to limits on the concentration of methyl tertiary butyl ether in gasoline.
(x) N.H. Rev. Stat. § 204-C:53, relative to the housing finance authority.
(y) N.H. Rev. Stat. § 237:16-d, relative to the E-Z Pass Interagency Agreement for Operations.
(z) N.H. Rev. Stat. § 21-L:12-b, relative to bridge and highway construction requirements in AASHTO design standards and manuals.
(aa) N.H. Rev. Stat. § 21-H:8, III, relative to internal practices and procedures in the department of corrections.
(bb) N.H. Rev. Stat. § 170-B:18, VII, relative to background checks conducted as part of an adoption assessment, and N.H. Rev. Stat. § 170-E:29, II-a relative to background checks of prospective foster parents.
(cc) N.H. Rev. Stat. § 106-B:14, I-a, relative to the fee for criminal record checks of department of health and human services employees, service providers, and licensed and license-exempt child day care providers.
(dd) N.H. Rev. Stat. § 270:12, relative to boat operating restrictions.
(ee) N.H. Rev. Stat. § 155-A:10, V, relative to the amendments to the state building code and state fire code for the codes described in N.H. Rev. Stat. § 155-A:1, IV and IV-a.
(ff) N.H. Rev. Stat. § 153:5, I, relative to the adoption of the state fire code.
(gg) N.H. Rev. Stat. § 21-R:4, XX, relative to the telephony services manual developed by the department of information technology.
(hh) Rules relative to the state infrastructure bank established in N.H. Rev. Stat. § 21-L:19 through N.H. Rev. Stat. § 21-L:23 for transportation purposes.
(ii) [Repealed.]
(jj) RSA 162-S, relative to the extraterritorial financing powers of the business finance authority.
(kk) RSA 162-L, relative to the community development finance authority.
II. Rules adopted under N.H. Rev. Stat. § 394-A:7 prior to the effective date of the repeal of that chapter shall be exempt from committee review under N.H. Rev. Stat. § 541-A:13.
III. Rules adopted under N.H. Rev. Stat. § 161:4, VI, relative to rates of reimbursement to providers of medical services under the medical assistance program, shall be exempt from the requirements of N.H. Rev. Stat. § 541-A:5 through N.H. Rev. Stat. § 541-A:14.
III-a. Rules adopted relative to the budget adjustment factor contained within the Medicaid rate of reimbursement methodology for nursing facilities shall be exempt from the provisions of 541-A:5 through N.H. Rev. Stat. § 541-A:14 provided that the budget adjustment factor applied to the reimbursement methodology is equal to or less than 28.76 percent. If the budget adjustment factor to be applied to the reimbursement methodology is greater than 28.76 percent, the provisions of 541-A shall apply.
III-b. Rules adopted relative to the cost of living adjustment in social security benefits contained within the Social Services Block Grant program shall be exempt from the provisions of N.H. Rev. Stat. § 541-A:5 through N.H. Rev. Stat. § 541-A:14, provided that recipients receive proper notice that the income level has been adjusted.
IV. Rules adopted under N.H. Rev. Stat. § 125-F:5, IV and V, N.H. Rev. Stat. § 125-F:7, N.H. Rev. Stat. § 125-F:8, N.H. Rev. Stat. § 125-F:8-a, III, and N.H. Rev. Stat. § 125-F:22, III, to conform to 10 C.F.R. § part and 21 C.F.R. § part shall be exempt from the uniform system of numbering and drafting rules required by 1994, 412:52 and the drafting and numbering requirements of N.H. Rev. Stat. § 541-A:8. These rules shall be in compliance with N.H. Rev. Stat. § 541-A:7 if the wording is consistent with the language of the corresponding federal regulations.
V. (a) Requirements on forms as specified in N.H. Rev. Stat. § 21-J:13-a shall be exempt from RSA 541-A.
(b) The New Hampshire equalization manual, as approved by the New Hampshire assessing standards board, which was established pursuant to N.H. Rev. Stat. § 21-J:14-a, may be incorporated by reference into the rules adopted pursuant to N.H. Rev. Stat. § 21-J:13, IX.
VI. (a) Rules adopted under title XXXVII, relative to insurance regulation, shall be exempt from N.H. Rev. Stat. § 541-A:7 and N.H. Rev. Stat. § 541-A:8 and shall permit the use of terminology allowing for discretionary authority by the commissioner when:
(1) The wording is consistent with the language of corresponding National Association of Insurance Commissioners guidelines or models.
(2) The rule relates to technical instructions concerning the implementation of electronic or computerized programs or systems.
(3) The rule implements a federal benefit or program that requires the adoption of uniform language.
(b) As specified in N.H. Rev. Stat. § 400-A:15-d, forms adopted by the commissioner shall be exempt from N.H. Rev. Stat. § 541-A:7 and N.H. Rev. Stat. § 541-A:8.
VII. N.H. Rev. Stat. § 170-G:4, XVII, relative to the publication of rates for services, placements, and programs which are paid for by the department of health and human services pursuant to N.H. Rev. Stat. § 169-B:40, N.H. Rev. Stat. § 169-C:27, and N.H. Rev. Stat. § 169-D:29 shall be exempt from RSA 541-A.
VIII. Rules relative to the department of health and human services medical assistance program coverage criteria for medical services and items, adopted under either N.H. Rev. Stat. § 161:4-a, IX or other rulemaking authority of the commissioner of the department relative to the medical assistance program, shall be exempt from N.H. Rev. Stat. § 541-A:12, V and may incorporate by reference these criteria as Internet content without specifying a date or edition for the content incorporated. Amendments to these criteria shall be exempt from the requirements of N.H. Rev. Stat. § 541-A:5 through N.H. Rev. Stat. § 541-A:14.
IX. Rules of the department of transportation relating to the state bridge aid program or the state highway aid program, adopted under rulemaking authority of the commissioner of the department, shall be exempt from N.H. Rev. Stat. § 541-A:12, III and may incorporate by reference the department of transportation’s Standard Specifications for Road and Bridge Construction, Highway Design Manual, and Bridge Design Manual without specifying a date or edition for the content incorporated, as provided in N.H. Rev. Stat. § 234:5, II and N.H. Rev. Stat. § 235:14, II.
(a) N.H. Rev. Stat. § 230:53, relative to the use of limited access highway facilities.
Terms Used In New Hampshire Revised Statutes 541-A:21
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) N.H. Rev. Stat. § 236:1, II, relative to regulating, permanently or seasonally, the use of certain class I, II and III highways by the posting of traffic control stop signs, devices, and signals thereon.
(c) N.H. Rev. Stat. § 265:22, relative to painted marking of highways.
(d) N.H. Rev. Stat. § 265:62, relative to the establishment of state speed zones.
(e) N.H. Rev. Stat. § 265:71, relative to stopping, standing, or parking and the placing of signs relative thereto on certain highways.
(f) N.H. Rev. Stat. § 236:9, relative to excavation permits.
(g) N.H. Rev. Stat. § 236:13, relative to driveway permits.
(h) N.H. Rev. Stat. § 231:161, relative to licensing utility poles and appurtenances within public highways.
(i) N.H. Rev. Stat. § 266:18-c, V, relative to bridge weight limits.
(j) N.H. Rev. Stat. § 651-A:22, II, relative to credit for good conduct of prisoners.
(k) RSA 111, relative to the state guard.
(l) N.H. Rev. Stat. § 284:12, IV, relative to the sale of pari-mutuel pools as authorized under N.H. Rev. Stat. § 284:22 and N.H. Rev. Stat. § 284:22-a.
(m) N.H. Rev. Stat. § 237:5, II; 237:9; 237:17; 237:24, I; 237:34; and 237:40, relative to the establishment of toll rates for turnpikes.
(n) Except for rules adopted by the authority acting through the division of ports and harbors under N.H. Rev. Stat. § 12-G:42, X, which shall be subject to the provisions of N.H. Rev. Stat. § 541-A:3 through N.H. Rev. Stat. § 541-A:15, RSA 12-G, relative to the Pease development authority.
(o) [Repealed.]
(p) [Repealed.]
(q) N.H. Rev. Stat. § 374:8, relative to a uniform system of accounts for regulated utilities.
(r) N.H. Rev. Stat. § 21-P:27, II(a) and (b), relative to educational, training and evidentiary standards for fire service personnel and curriculum requirements for schools training fire service personnel.
(s) N.H. Rev. Stat. § 106-L:5, VI, relative to educational, training, and evidentiary standards and curriculum requirements for police and corrections personnel and courses and tuition students at such courses.
(t) N.H. Rev. Stat. § 260:65-b, relative to the multi-jurisdictional fuel tax agreement.
(u) RSA 162-A, relative to the business finance authority.
(v) Rules adopted under RSA 195-D, relative to the New Hampshire health and education facilities authority.
(w) N.H. Rev. Stat. § 485:16-b, II relative to limits on the concentration of methyl tertiary butyl ether in gasoline.
(x) N.H. Rev. Stat. § 204-C:53, relative to the housing finance authority.
(y) N.H. Rev. Stat. § 237:16-d, relative to the E-Z Pass Interagency Agreement for Operations.
(z) N.H. Rev. Stat. § 21-L:12-b, relative to bridge and highway construction requirements in AASHTO design standards and manuals.
(aa) N.H. Rev. Stat. § 21-H:8, III, relative to internal practices and procedures in the department of corrections.
(bb) N.H. Rev. Stat. § 170-B:18, VII, relative to background checks conducted as part of an adoption assessment, and N.H. Rev. Stat. § 170-E:29, II-a relative to background checks of prospective foster parents.
(cc) N.H. Rev. Stat. § 106-B:14, I-a, relative to the fee for criminal record checks of department of health and human services employees, service providers, and licensed and license-exempt child day care providers.
(dd) N.H. Rev. Stat. § 270:12, relative to boat operating restrictions.
(ee) N.H. Rev. Stat. § 155-A:10, V, relative to the amendments to the state building code and state fire code for the codes described in N.H. Rev. Stat. § 155-A:1, IV and IV-a.
(ff) N.H. Rev. Stat. § 153:5, I, relative to the adoption of the state fire code.
(gg) N.H. Rev. Stat. § 21-R:4, XX, relative to the telephony services manual developed by the department of information technology.
[Paragraph I(hh) effective as provided in 2014, 290:4.]
(hh) Rules relative to the state infrastructure bank established in N.H. Rev. Stat. § 21-L:19 through N.H. Rev. Stat. § 21-L:23 for transportation purposes.
(ii) [Repealed.]
(jj) RSA 162-S, relative to the extraterritorial financing powers of the business finance authority.
(kk) RSA 162-L, relative to the community development finance authority.
II. Rules adopted under N.H. Rev. Stat. § 394-A:7 prior to the effective date of the repeal of that chapter shall be exempt from committee review under N.H. Rev. Stat. § 541-A:13.
III. Rules adopted under N.H. Rev. Stat. § 161:4, VI, relative to rates of reimbursement to providers of medical services under the medical assistance program, shall be exempt from the requirements of N.H. Rev. Stat. § 541-A:5 through N.H. Rev. Stat. § 541-A:14.
III-a. Rules adopted relative to the budget adjustment factor contained within the Medicaid rate of reimbursement methodology for nursing facilities shall be exempt from the provisions of 541-A:5 through N.H. Rev. Stat. § 541-A:14 provided that the budget adjustment factor applied to the reimbursement methodology is equal to or less than 28.76 percent. If the budget adjustment factor to be applied to the reimbursement methodology is greater than 28.76 percent, the provisions of 541-A shall apply.
III-b. Rules adopted relative to the cost of living adjustment in social security benefits contained within the Social Services Block Grant program shall be exempt from the provisions of N.H. Rev. Stat. § 541-A:5 through N.H. Rev. Stat. § 541-A:14, provided that recipients receive proper notice that the income level has been adjusted.
IV. Rules adopted under N.H. Rev. Stat. § 125-F:5, IV and V, N.H. Rev. Stat. § 125-F:7, N.H. Rev. Stat. § 125-F:8, N.H. Rev. Stat. § 125-F:8-a, III, and N.H. Rev. Stat. § 125-F:22, III, to conform to 10 C.F.R. § part and 21 C.F.R. § part shall be exempt from the uniform system of numbering and drafting rules required by 1994, 412:52 and the drafting and numbering requirements of N.H. Rev. Stat. § 541-A:8. These rules shall be in compliance with N.H. Rev. Stat. § 541-A:7 if the wording is consistent with the language of the corresponding federal regulations.
V. (a) Requirements on forms as specified in N.H. Rev. Stat. § 21-J:13-a shall be exempt from RSA 541-A.
(b) The New Hampshire equalization manual, as approved by the New Hampshire assessing standards board, which was established pursuant to N.H. Rev. Stat. § 21-J:14-a, may be incorporated by reference into the rules adopted pursuant to N.H. Rev. Stat. § 21-J:13, IX.
VI. (a) Rules adopted under title XXXVII, relative to insurance regulation, shall be exempt from N.H. Rev. Stat. § 541-A:7 and N.H. Rev. Stat. § 541-A:8 and shall permit the use of terminology allowing for discretionary authority by the commissioner when:
(1) The wording is consistent with the language of corresponding National Association of Insurance Commissioners guidelines or models.
(2) The rule relates to technical instructions concerning the implementation of electronic or computerized programs or systems.
(3) The rule implements a federal benefit or program that requires the adoption of uniform language.
(b) As specified in N.H. Rev. Stat. § 400-A:15-d, forms adopted by the commissioner shall be exempt from N.H. Rev. Stat. § 541-A:7 and N.H. Rev. Stat. § 541-A:8.
VII. N.H. Rev. Stat. § 170-G:4, XVII, relative to the publication of rates for services, placements, and programs which are paid for by the department of health and human services pursuant to N.H. Rev. Stat. § 169-B:40, N.H. Rev. Stat. § 169-C:27, and N.H. Rev. Stat. § 169-D:29 shall be exempt from RSA 541-A.
VIII. Rules relative to the department of health and human services medical assistance program coverage criteria for medical services and items, adopted under either N.H. Rev. Stat. § 161:4-a, IX or other rulemaking authority of the commissioner of the department relative to the medical assistance program, shall be exempt from N.H. Rev. Stat. § 541-A:12, V and may incorporate by reference these criteria as Internet content without specifying a date or edition for the content incorporated. Amendments to these criteria shall be exempt from the requirements of N.H. Rev. Stat. § 541-A:5 through N.H. Rev. Stat. § 541-A:14.
IX. Rules of the department of transportation relating to the state bridge aid program or the state highway aid program, adopted under rulemaking authority of the commissioner of the department, shall be exempt from N.H. Rev. Stat. § 541-A:12, III and may incorporate by reference the department of transportation’s Standard Specifications for Road and Bridge Construction, Highway Design Manual, and Bridge Design Manual without specifying a date or edition for the content incorporated, as provided in N.H. Rev. Stat. § 234:5, II and N.H. Rev. Stat. § 235:14, II.