CHAPTER 232
HB 297 – FINAL VERSION
11Mar2009… 0510h
06/03/09 1882s
24Jun2009… 2157cofc
2009 SESSION
10/01
HOUSE BILL 297
AN ACT relative to the adoption of agency forms under the administrative procedures act and relative to the notice of the expedited repeal of rules.
SPONSORS: Rep. Patten, Carr 4; Rep. Pilotte, Hills 16
COMMITTEE: Executive Departments and Administration
This bill establishes a procedure for the expedited adoption of forms by agencies and the review by the joint legislative committee on administrative rules. The bill also clarifies the notice required for the expedited repeal of rules and the non-expiration of certain rules.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2009… 0510h
06/03/09 1882s
24Jun2009… 2157cofc
09-0325
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the adoption of agency forms under the administrative procedures act and relative to the notice of the expedited repeal of rules.
Be it Enacted by the Senate and House of Representatives in General Court convened:
232:1 Administrative Procedure Act; Definition of Form. Amend RSA 541-A:1 by inserting after paragraph VII the following new paragraph:
VII-a. “Form” means a document that establishes a requirement for persons outside the agency to provide information to an agency and the format in which such information must be submitted. The term does not include any document, regardless of what the document is called, that (a) is provided by an agency to facilitate the submission of information that is required to be submitted to the agency by federal or state statute, regulation, or rule and does not add to or modify such requirement or (b) that is used only by the agency to provide information to persons outside the agency.
232:2 Administrative Procedure Act; Definition of Rule; Exclusion of Forms Removed. Amend RSA 541-A:1, XV to read as follows:
XV. “Rule” means each regulation, standard, form as defined in paragraph VII-a, or other statement of general applicability adopted by an agency to (a) implement, interpret, or make specific a statute enforced or administered by such agency or (b) prescribe or interpret an agency policy, procedure or practice requirement binding on persons outside the agency, whether members of the general public or personnel in other agencies. The term does not include (a) internal memoranda which set policy applicable only to its own employees and which do not affect private rights or change the substance of rules binding upon the public, (b) informational pamphlets, letters, or other explanatory material which refer to a statute or rule without affecting its substance or interpretation, (c) personnel records relating to the hiring, dismissal, promotion, or compensation of any public employee, or the disciplining of such employee, or the investigating of any charges against such employee, or (d) declaratory rulings[, or (e) forms]. The term “rule” shall include rules adopted by the director of personnel, department of administrative services, relative to the state employee personnel system. Notwithstanding the requirements of RSA 21-I:14, the term “rule” shall not include the manual described in RSA 21-I:14, I or the standards for the format, content, and style of agency annual and biennial reports described in RSA 21-I:14, IX, which together comprise the manual commonly known as the administrative services manual of procedures. The manual shall be subject to the approval of governor and council.
232:3 Expedited Repeal of Rules; Notice in Rulemaking Register. Amend RSA 541-A:19-a, III through V as follows:
III. The notice required by paragraph II shall be[:
(a) Published in the rulemaking register and in a newspaper of daily statewide circulation.
(b) Filed] filed with the director of legislative services [no later than 7 calendar days before the date of] for publication in the rulemaking register.
[(c) Published in a newspaper of daily statewide circulation no later than the date of publication in the rulemaking register.]
IV. [At the same time that the notice required by RSA 541-A:19-a, III is filed, the] The agency shall file the text of the rule to be repealed with the [director of legislative services] notice filed pursuant to paragraph III.
V. There shall be a public comment hearing on the proposed repeal no sooner than 7 calendar days after the date of publication of the notice in the rulemaking register. There shall be a period for the submission to the agency of written or electronic public comment ending [on] no sooner than the 3rd calendar day after the date of the public comment hearing. Copies of the text of the rules subject to repeal shall be available at the public comment hearing.
232:4 New Sections; Adoption of Forms; Expedited Revisions to Forms. Amend RSA 541-A by inserting after section 19-a the following new sections:
541-A:19-b Adoption of Forms. An agency may adopt a form as defined in RSA 541-A:1, VII-a by incorporating the actual form by reference or by setting forth the requirements of the form in rules adopted according to the procedures in this chapter. Such forms shall be non-expiring unless required to be revised by statutory change as specified in RSA 541-A:17, II.
541-A:19-c Revisions to Forms; Expedited Procedure.
I. An agency may make editorial changes to a previously adopted form without following the procedures required in RSA 541-A:19-b, in this section, or in RSA 541-A:3.
II. An agency may revise a form as defined in RSA 541-A:1, VII-a without meeting the requirements of RSA 541-A:5-7 and RSA 541-A:9-14 either in accordance with RSA 541-A:19-b or by providing notice and adopting the form in accordance with paragraphs III through VII.
III. Notice of an agency’s intent to adopt a form or amendment to a form shall include:
(a) The name and address of the agency.
(b) The statutory authority for the form.
(c) An explanation of the reason for the proposed adoption or amendment of a form.
(d) The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the proposed form.
(e) The deadline for receipt by the agency of written or electronic public comment, which shall be no sooner than the 7th calendar day after the date of publication of the notice in the rulemaking register.
IV. The notice required by paragraph III shall be filed with the director of legislative services for publication in the rulemaking register. A copy of the form to be adopted shall be filed with the notice.
V. If on the basis of public comment the official or the group of individuals with rulemaking authority determines that the form should not be adopted, the agency shall so notify the director of legislative services and the form shall not be adopted.
VI. The proposed form shall be placed on the agenda of the committee for review at the first regularly scheduled or special meeting at least 5 calendar days after the close of the period for written or electronic comment described in subparagraph III(e). The committee may approve or object to the form. The committee may object to the adoption of the form if the form is:
(a) Beyond the authority of the agency;
(b) Contrary to the intent of the legislature; or
(c) Deemed by the committee not to meet the requirements of this section.
VII. Subsequent review and adoption of the form shall be as provided in RSA 541-A:13 for final proposed rules.
232:5 Time Limit; Non-Expiration of Certain Rules. RSA 541-A:17, II is repealed and reenacted to read as follows:
II. Notwithstanding the provisions of paragraph I, any organizational and procedural rules proposed and adopted pursuant to RSA 541-A:16, I and as identified in the drafting and procedure manual, and any forms adopted pursuant to RSA 541-A:19-b or RSA 541-A:19-c shall not expire, provided that they have been approved by the committee. No changes to such organizational and procedural rules or forms may be made by the agency, other than editorial changes not affecting the substance of the procedural rules or forms, without following the rulemaking procedures in this chapter. However, if the adoption or amendment of a statute governing the agency renders the agency’s organizational and procedural rules or forms no longer accurate, such rules or forms shall expire one year after the effective date of the statute that makes such change, unless such organizational and procedural rules or forms are amended, superseded, or repealed before such expiration. The agency shall commence rulemaking to amend its rules no later than 90 days after the effective date of such statute. If the agency reorganizes its organization and responsibilities in such a way that the agency’s rules under RSA 541-A:16, I(a) describing its organization are no longer accurate, the agency shall amend its rules as soon as is practicable, but shall commence rulemaking not later than 90 days after such changes occur.
232:6 Revision of Drafting and Procedure Manual. The director of legislative services shall develop revisions or amendments to the drafting and procedure manual for approval by the joint legislative committee on administrative rules, as provided in RSA 541-A:8, addressing the provisions of this act relating to the requirements applicable to forms and organizational and procedural rules which do not expire as provided in RSA 541-A:17, II.
232:7 Application. The provisions of this act shall govern the following on or after the effective date of this act:
I. All rulemaking initiated by filing a notice of rulemaking under RSA 541-A:6 or RSA 541-A:19-c.
II. All emergency rules adopted under RSA 541-A:18.
III. All interim rules initiated by filing a proposed interim rule under RSA 541-A:19, II.
IV. All expedited repeals initiated by filing a notice under RSA 541-A:19-a.
232:8 Effective Date. This act shall take effect January 1, 2010.
Approved: July 16, 2009
Effective Date: January 1, 2010