Revision: Jan. 24, 2011, midnight
HB 256-FN – AS INTRODUCED
2011 SESSION
06/09
HOUSE BILL 256-FN
AN ACT relative to the administrative appeals process of the department of environmental services.
COMMITTEE: Resources, Recreation and Development
This bill modifies the administrative appeals process of the department of environmental services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0713
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the administrative appeals process of the department of environmental services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Appeals. RSA 21-O:14 is repealed and reenacted to read as follows:
21-0:14 Administrative Appeals.
I. For purposes of this chapter, “department decision” means the final action on an application, petition, order, or request taken by the commissioner or any department official who has statutory authority to make such final decision or to whom the commissioner has properly delegated the authority to take such final action. “Department decision” shall not mean rulemaking or an agency declaratory ruling as provided for in RSA 541-A, and shall not include any decision of any council.
II. Any person aggrieved by a department decision may apply for reconsideration by the department. Any person aggrieved following disposition of such application for reconsideration may appeal either to the council established under this chapter having jurisdiction over the subject matter of the appeal, or to the superior court. In the event that one aggrieved person appeals to the council and another to the superior court, the appeal to the superior court shall take precedence. Any person aggrieved following disposition of such appeal may appeal to the supreme court. A “person aggrieved” for purposes of this section shall mean the applicant and any person required to be provided with notice.
III. Appeal hearings before any council established under this chapter shall be conducted in accordance with the provisions of RSA 541-A governing adjudicative proceedings conducted by an administrative hearing officer assigned by the department of justice under RSA 21-M:3, VIII. All issues shall be determined as specified in RSA 21-M:3, IX. Appeal hearings before the superior court shall be conducted de novo.
IV. Each council established under this chapter shall adopt rules under RSA 541-A to govern the conduct of administrative appeals under this section. To the extent possible, the rules of all councils shall be consistent with one another.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0713
01/19/11
HB 256-FN - FISCAL NOTE
AN ACT relative to the administrative appeals process of the department of environmental services.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.