RSA 21-P:14 · Rulemaking Authority; Commissioner of Safety

21-P:14 Rulemaking Authority; Commissioner of Safety. –

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I.

The commissioner of safety shall develop and adopt rules, under RSA 541-A, relating to driver education courses to be given in the secondary schools of the state and motor vehicle drivers' schools licensed under the provisions of RSA 263:44, and relating to the licensing of the schools and of their teachers and instructors, which rules shall cover the subjects of:

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(a)

Facilities and equipment.

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(b)

The educational background and other qualifications of teachers and instructors.

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(c)

Curriculum and hours during which instruction may be given.

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(d)

Amounts of insurance with respect to training vehicles and other facilities of the school, which may be in addition to any other insurance coverage required by law.

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(e)

Admission and advertising practices, together with terms of enrollment, of schools licensed under the provisions of RSA 263:44.

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(f)

Uniform classifications for certification of driver education instructors, including the same types of certification levels and the same qualifications required for each level for both private and public school instructors, and a system of fees for certification.

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(g)

Any other subject which in the judgment of the commissioner requires rulemaking to promote the effectiveness of driver education courses.

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II.

The commissioner of safety shall adopt rules, under RSA 541-A, relative to:

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(a)

Regulation of hazardous materials and wastes and low-level radioactive waste, as authorized by RSA 21-P:17, I.

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(b)

The administration of the division of state police and fees for criminal record and fingerprint checks, as authorized by RSA 106-B:7.

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(c)

Gathering information and maintaining records on criminals, as authorized by RSA 106-B:14, I.

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(d)

Licensing private investigative agencies, security guard services, and bail recovery agents, as authorized by RSA 106-F:3.

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(e)

The sale, storage, handling and transportation of explosives, as authorized by RSA 158:9-f.

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(f)

Nonresident pistol permits, as authorized by RSA 159:6.

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(g)

[Repealed.]

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(h)

[Repealed.]

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(i)

Regulation of boats and boaters, as authorized by RSA 270:11.

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(j)

[Repealed.]

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(k)

Noise level testing and certification, as authorized by RSA 270:39.

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(l)

Regulation of rafting of boats, as authorized by RSA 270:43.

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(m)

Regulation of carnival and amusement rides, as authorized by RSA 321-A:2.

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(n)

Registration fees for carnival or amusement operators, as authorized by RSA 321-A:5, I.

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(o)

Self-dialing alarm systems, as authorized by RSA 370-A:2.

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(p)

Railroad police, as authorized by RSA 106-N:11.

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(q)

[Repealed.]

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(r)

Qualifications of persons to receive the authority of peace officers under RSA 21-P:4, V.

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(s)

Qualification for a person to receive the authority granted pursuant to RSA 21-P:4, VII.

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(t)

[Repealed.]

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(u)

Application for and issuance of household goods carrier certificates, including all necessary forms, as authorized by RSA 359-T.

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(v)

Annual reporting requirements, as authorized by RSA 359-T.

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(w)

Regulating household goods carriers, as authorized by RSA 359-T.

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(x)

[Repealed.]

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(y)

Regulation of common and contract carriers of passengers by motor vehicle, as authorized by RSA 266-A:21.

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(z)

The establishment of training criteria for hazardous materials incident responders and for the implementation of a statewide hazardous material command system. Such rules shall be in addition to rules adopted under RSA 21-P:14, II(a) and shall be adopted after consultation with the fire standards and training commission. No rule shall infringe on the authority of the governor or the office of emergency management under this chapter or RSA 4.

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(aa)

Vessel registration and numbering under RSA 270-E.

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(bb)

Administrative fines for inspection stations in violation of any inspection law or rule, as authorized under RSA 266:1, XI.

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(cc)

Licensing of emergency medical care providers and administration and enforcement of emergency medical and trauma care services under RSA 153-A.

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(dd)

The methods, procedures, and techniques for the testing of blood, urine, and breath to determine alcohol concentration as described under RSA 265-A:5, V.

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(ee)

[Repealed.]

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III.

The commissioner of safety shall adopt rules, under RSA 541-A and RSA 260:5, relative to motor vehicle registration as follows:

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(a)

Application for and issuance of motor vehicle certificates of title, including all necessary forms, as authorized by RSA 261:1, 261:4, and 261:31, I.

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(b)

Exemption from the motor vehicle certificate of title requirement, as authorized by RSA 261:3.

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(c)

Maintaining records of motor vehicle certificates of title, as authorized by RSA 261:7.

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(d)

Requirements for posting bond when motor vehicle ownership is in doubt, as authorized by RSA 261:10, II.

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(e)

Certificates of title held by motor vehicle dealers, as authorized by RSA 261:15.

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(f)

Voluntary and involuntary transfers of interests in a motor vehicle, as authorized by RSA 261:14, 261:16, and 261:17.

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(g)

Certificates of title for salvage vehicles, as authorized by RSA 261:22.

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(h)

Issuance of duplicate certificates of title, as authorized by RSA 261:12.

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(i)

Perfection, assignment, and release of security interests in motor vehicles, as authorized by RSA 261:24-29.

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(j)

Investigations to procure information relative to motor vehicle certificates of title, as authorized by RSA 261:31, II.

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(k)

Identification numbers for vehicles, as authorized by RSA 261:31, IV.

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(l)

Fees for issuing certificates of title, as authorized by RSA 261:20.

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(m)

Application for and issuance of certificates of registration for motor vehicles, including all necessary forms, as authorized by RSA 261:40 and 261:52.

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(n)

Registration of motor vehicles owned by nonresidents, as authorized by RSA 261:42-48.

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(o)

Maintaining records of certificates of registration, as authorized by RSA 261:58.

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(p)

Preparation and distribution of registration listings, as authorized by RSA 261:60.

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(q)

Extension of registration expiration, as authorized by RSA 261:63.

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(r)

Exemption from the registration requirement for certain construction equipment, as authorized by RSA 261:64.

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(s)

[Repealed.]

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(t)

Issuing certificates of registration upon transfer of ownership, as authorized by RSA 261:66.

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(u)

Procedures for registration by municipal agents, as authorized by RSA 261:74-a-261:74-g.

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(v)

Issuance of number plates for motor vehicles, as authorized by RSA 261:75-97.

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(w)

Registration by motor vehicle manufacturers or dealers, including the posting of bond by a dealer, as authorized by RSA 261:97 through RSA 261:111-a.

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(x)

Registration by motorcycle and moped manufacturers or dealers, as authorized by RSA 261:112-113.

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(y)

Registration by transporters, as authorized by RSA 261:114-118.

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(z)

Registration by utility dealers, as authorized by RSA 261:119-122.

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(aa)

Registration by automotive recycling dealers, as authorized by RSA 261:123-134.

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(bb)

Registration by motor vehicle repairers, as authorized by RSA 261:136-139.

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(cc)

Classification of motor vehicles for registration fee purposes, as authorized by RSA 261:143.

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(dd)

Exemption from registration fees for publicly owned vehicles, as authorized by RSA 261:145, and for emergency vehicles, as authorized by RSA 261:146.

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(ee)

Refund of registration fees for members of the armed forces, as authorized by RSA 261:68.

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(ff)

Municipal permits for registration, as authorized by RSA 261:148.

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(gg)

Exemption from municipal permit fees for certain veterans, as authorized by RSA 261:157, RSA 261:157-a, and 261:159; and for nonprofit organizations, as authorized by RSA 261:158.

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(hh)

Suspension of registrations, licenses, and privileges, as authorized by RSA 261:177 and 261:178.

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(ii)

Permits for the use of antique motor car registration plates, as authorized by RSA 261:89-a.

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IV.

The commissioner of safety shall adopt rules, under RSA 541-A and RSA 260:5, relative to licensing drivers as follows:

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(a)

Procedures for and information required on driver's license applications, including all necessary forms, as authorized by RSA 263:5.

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(b)

Driver's license examination and reexamination requirements, as authorized by RSA 263:6 and 263:7.

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(c)

Restricted licenses, as authorized by RSA 263:13.

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(d)

Conditions and requirements for a driver's license, as authorized by RSA 263:14-263:33-b.

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(e)

Intrastate licenses for nonresidents, as authorized by RSA 263:39-a.

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(f)

Access to information regarding anatomical gifts, as authorized by RSA 263:41.

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(g)

Collection of drivers' license fees, as authorized by RSA 263:42.

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(h)

Petitions for refund of fees, as authorized by RSA 263:43.

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(i)

Application and requirements for issuance of motor vehicle drivers' school licenses, as authorized by RSA 263:44-47 and 263:49-51.

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(j)

Suspension or revocation of a driver's license or driving privilege, as authorized by RSA 263:53 through RSA 263:65, RSA 263:73, RSA 265-A:26, and RSA 265-A:29.

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(k)

Appeals of driver's license denial, suspension, or revocation, as authorized by RSA 263:75, RSA 265-A:34, and RSA 263:76.

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(l)

Application for and issuance of a vanpooler's permit, as authorized by RSA 266-A:2, XII.

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(m)

Commercial driver license requirements, as authorized by RSA 263:98.

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(n)

Temporary driver's licenses, including procedures for the issuance, revocation, form, and other related matters, as authorized by RSA 263:5-a.

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(o)

Format, content and procedures for the display of the notice required under RSA 260:10-a, II.

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(p)

Criteria for waiver of the default fee required under RSA 263:56-a, I-a.

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(q)

Approval of driver attitude programs and fee as provided in RSA 263:56-e.

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(r)

Administrative suspension of motor vehicle licenses pursuant to RSA 265:91-b and RSA 265:91-c and RSA 265-A:30 through RSA 265-A:32, including notices, forms, temporary driving permits, hearing procedures, and procedures for restoration after the suspension period.

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(s)

Establishment of administrative procedures to aid in the collection of protested checks relating to drivers' licenses, vehicle registrations, titles, permits or fees, including provisions for suspension of license, registration, title, or permit.

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(t)

Procedures for conducting the problem driver pointer system search, including forms and procedures to be used in conducting a problem driver pointer search as initiated by an employer.

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V.

The commissioner of safety shall adopt rules, under RSA 541-A and RSA 260:5, relative to motor vehicle regulation as follows:

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(a)

Motor vehicle inspection, as authorized by RSA 266:1, I.

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(b)

School bus inspection, as authorized by RSA 266:7.

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(c)

School bus design, as authorized by RSA 266:62.

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(d)

School bus driver certification, as authorized by RSA 263:29.

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(e)

Proof of financial responsibility, as authorized by RSA 264:1 and 264:2, II.

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(f)

Forms of security, as authorized by RSA 264:4.

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(g)

Reports of motor vehicle accidents, as authorized by RSA 264:25.

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(h)

Licensing of distributors of motor fuels, as authorized by RSA 260:36.

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(i)

Licensing of transporters of motor fuels and petroleum products, as authorized by RSA 260:42, I.

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(j)

Reporting requirements for motor fuel distributors and transporters, as authorized by RSA 260:43.

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(k)

Refunds of road tolls on motor fuels, as authorized by RSA 260:47, 260:48 and 260:49.

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(l)

Licensing of users of special fuels, as authorized by RSA 260:52, V.

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(m)

Special fuel user bonds.

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(n)

[Repealed.]

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(o)

Notification of statutory liens, as authorized by RSA 260:63.

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(p)

Procedures for motor vehicle hearings, including habitual offender hearings.

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(q)

Procedures for the inspection and verification of oil import records pursuant to RSA 146-A:11-b after consultation with the department of environmental services and the oil fund disbursement board, and pursuant to RSA 147-B:12 after consultation with the department of environmental services.

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(r)

Procedures and criteria for authorizing the disposal of abandoned vehicles pursuant to RSA 262:36-a.

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(s)

Issuance of permits for emergency lights for hospital emergency personnel pursuant to RSA 266:78-c, V.

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(t)

[Repealed.]

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(u)

School bus driver qualification files, school bus operation and school bus accident reports, as provided in RSA 263:29-a.

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VI.

The commissioner of safety shall adopt by rule, under RSA 541-A, the fuel tax agreement and any proposed changes to the fuel tax agreement that have been adopted by the legally joined jurisdictions to the agreement.

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VII.

The commissioner of safety, in consultation with the fire standards and training commission and the emergency medical and trauma services coordinating board, shall adopt rules under RSA 541-A, relative to:

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(a)

Fees for tuition, services, and licenses under RSA 21-P:12-a and 21-P:12-b.

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(b)

Tuition reimbursement under RSA 21-P:12-a and 21-P:12-b.

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(c)

The circumstances in which a waiver may be granted under RSA 21-P:12-a, II(b) and RSA 21-P:12-b, II(m).

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VIII.

The commissioner of safety, in consultation with the enhanced 911 commission, shall adopt rules, pursuant to RSA 541-A, relative to:

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(a)

The conduct of the enhanced 911 commission meetings.

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(b)

The development of minimum selection, educational, and training standards for emergency public safety answering point personnel.

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(c)

Procedures for the conduct of investigations authorized under RSA 106-H.

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(d)

Procedures for the collection and updating of the necessary database.

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(e)

Procedures for the necessary cooperation and coordination with telephone utilities, municipalities, and the public for the effective implementation of the enhanced 911 system.

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(f)

Procedures necessary for adequate funding of the enhanced 911 system, including coordination with the public utilities commission for appropriate tariff and billing mechanisms.

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(g)

Procedures necessary to provide for the proper administration of RSA 106-H.

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IX.

The commissioner of safety shall adopt rules, under RSA 541-A, for the licensing of persons responsible for the use of flame, pyrotechnics, or other means of special effects for entertainment, exhibition, demonstration, or simulation before a proximate audience as regulated by the state fire code adopted under RSA 153:5 and for establishing fees for such licenses.

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X.

The commissioner of safety shall have authority to approve rules prior to adoption by the mechanical licensing board, as provided in RSA 153:16-b and 153:27-38. Source. 1987, 124:1; 296:4; 356:4. 1988, 64:21; 151:15, II; 271:6; 288:15. 1989, 230:11; 253:7; 309:4; 319:18; 384:2. 1990, 62:1; 107:1; 190:2; 229:18. 1991, 73:2; 108:1; 347:8. 1992, 163:2; 258:2. 1993, 171:4; 294:2; 337:4, 7. 1994, 184:1; 350:9; 364:8. 1995, 41:3; 85:1; 282:6. 1996, 19:4; 228:10, 11; 292:1, 2, 41, I. 1997, 252:5, I. 1999, 164:2; 345:4. 2001, 91:5; 293:12-14. 2002, 257:6. 2003, 298:1; 319:87, 103. 2004, 247:3; 257:15, II. 2006, 206:2; 216:1; 260:4-6; 317:1. 2007, 230:2. 2008, 249:6; 358:13. 2010, 94:2, 3. 2011, 8:3, eff. June 24, 2011; 224:6, eff. June 29, 2011. 2013, 100:6, II, eff. Aug. 23, 2013; 275:2, 15, III, eff. July 1, 2013. 2015, 142:12, eff. July 1, 2015. 2016, 145:2, I, eff. July 26, 2016; 196:13, eff. Jan. 1, 2017. 2019, 279:1, eff. Sept. 17, 2019. 2022, 14:6, eff. Jan. 1, 2023. 2024, 33:11, eff. July 1, 2024.

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