Revision: Jan. 12, 2009, midnight
HB 252 – AS INTRODUCED
2009 SESSION
10/09
HOUSE BILL 252
AN ACT relative to state agency rulemaking concerning expiring administrative rules.
SPONSORS: Rep. Stohl, Coos 1; Rep. Pilotte, Hills 16; Rep. Patten, Carr 4; Sen. Letourneau, Dist 19
COMMITTEE: Executive Departments and Administration
This bill clarifies that expired administrative rules are not enforceable and establishes a procedure for review of expiring agency rules.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0456
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to state agency rulemaking concerning expiring administrative rules.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Administrative Procedures Act; Expiring Rules. Amend RSA 541-A by inserting after section 20 the following new section:
541-A:20-a Initiating Rulemaking Prior to Expiration Date of Existing Rule; Expired Rule.
I. Provided that the relevant statute granting rulemaking authority for an existing rule is valid and in effect, and requires the agency to adopt the rule, the agency to whom such authority is granted shall initiate internal review for readoption, or readoption with amendments, as appropriate, of all existing rules at least 2 years prior to expiration. Each agency shall then act expeditiously to commence rulemaking pursuant to RSA 541-A to prevent expiration of such rules.
II. Each agency shall contact the director to develop a timetable of readoption or readoption with amendments.
III. An agency shall not be precluded from adopting an interim rule pursuant to RSA 541-A:19, I(d) to keep rules from expiring or RSA 541-A:19, I(e) to put expired rules back into effect.
2 New Paragraph; Review by Joint Legislative Committee on Administrative Rules; Expiring Rules. Amend RSA 541-A:13 by inserting after paragraph VII the following new paragraph:
VIII. At any meeting of the committee at which an agency is addressing a proposed rule pursuant to this section, the committee may also require the agency to respond to inquiry by the committee concerning review of expiring rules of said agency pursuant to RSA 541-A:20-a.
3 Rulemaking; Final Adoption. Amend RSA 541-A:14, IV to read as follows:
IV. Adopted rules shall become effective under RSA 541-A:16, III on the day after filing by the agency, or at a later date, provided that the agency so specifies in a letter to the director of legislative services, and further provided that the agency does not establish different effective dates for different provisions within the same rule. If the agency has specified a later effective date, the agency may modify the date by providing a statement to the director of legislative services which shall indicate the new effective date and all reasons for modifying the date. The statement shall be published by the director of legislative services in the rulemaking register. No modified effective date shall occur earlier than the date of publication in the rulemaking register. The director shall maintain a file of all currently effective rules and their expiration dates, and each agency shall maintain a file of its own currently effective rules and their expiration dates, [both] all of which shall be open to the public.
4 Publication of Rules; Expiration Date. Amend RSA 541-A:15, I to read as follows:
I. The director of legislative services shall compile, index, and publish, or require agencies to publish, all effective rules adopted by each agency. The text of an adopted rule as filed with the director and which is effective shall be the official version of the rule, unless or until a version prepared for publication, which may have editorial changes not affecting the substance of the rule, is certified by the agency as the same in substance as originally filed. The certified version shall be the official version. The official version of the rule and a record of its expiration date shall be available to the public by the agency and the director pursuant to RSA 541-A:14, IV.
5 Validity of Rules. Amend RSA 541-A:22, I and II to read as follows:
I. No agency rule is valid or effective against any person or party, nor may it be enforced by the state for any purpose, until it has been filed as required in this chapter and has not expired.
II. Rules shall be valid and binding on persons they affect, and shall have the force of law unless amended or revised [or], unless a court of competent jurisdiction determines otherwise, or unless they have expired. Except as provided by RSA 541-A:13, VI, effective rules shall be prima facie evidence of the proper interpretation of the matter that they refer to.
6 Effective Date. This act shall take effect 60 days after its passage.