CHAPTER 227
SB 54 – FINAL VERSION
03/07/13 0354s
24Apr2013… 1256h
06/12/13 2033EBA
2013 SESSION
05/09
SENATE BILL 54
AN ACT relative to appeals from the department of administrative services bureau of public works design and construction.
SPONSORS: Sen. D'Allesandro, Dist 20
COMMITTEE: Executive Departments and Administration
This bill provides that a person aggrieved by a decision of the bureau of public works design and construction regarding a public works design and construction project may request an informal review by the director of the division of plant and property management followed by an appeal to the commissioner of the department of administrative services.
This bill is a request of the department of administrative 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/07/13 0354s
24Apr2013… 1256h
06/12/13 2033EBA
13-0849
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to appeals from the department of administrative services bureau of public works design and construction.
Be it Enacted by the Senate and House of Representatives in General Court convened:
227:1 Division of Plant and Property Management. Amend RSA 21-I:11, XIII to read as follows:
XIII. [Hearing and deciding] Reviewing disputes arising from the activities of the bureau of public works design and construction prior to the appeal of disputes to the commissioner under RSA?21-I:86.
227:2 Public Works Appeals. RSA 21-I:86 is repealed and reenacted to read as follows:
21-I:86 Public Works Appeals.
I. Any person aggrieved by a decision of the administrator of the bureau of public works design and construction relative to public works design and construction shall petition for informal review by the director of the division of plant and property management, or the director’s designee, within 15 days of the decision. Such petition for informal review shall be a prerequisite to an appeal to the commissioner under paragraph II.
II. Any person aggrieved by the determination of the director of the division of plant and property management, or the director’s designee, under paragraph I shall appeal to the commissioner, or the commissioner’s designee, within 30 days of the director’s determination.
227:3 Department of Transportation; Powers and Duties of the Appeals Board. Amend RSA 21-L:15, I to read as follows:
I. The board shall hear and decide appeals from decisions of the commissioner relative to contract interpretation or other decisions affecting persons not employed by the department, municipalities, or private property, except condemnations of property for public uses, and the assessment of damages therefor. Decisions of division directors shall be appealed to the commissioner. Decisions of the commissioner may be appealed to the appeals board, except decisions relative to aeronautical matters, which may be appealed to the aviation users advisory board established under RSA 21-L:8, and decisions relative to common carriers by rail, which may be appealed to the railroad appeals board established under RSA 21-L:16. [The board shall also hear appeals from the department of administrative services relating to such matters involving public works design and construction as have been delegated to the department of administrative services or as were administered prior to July 1, 2005 by the division of public works, department of transportation.]
227:4 Applicability. The amendments to RSA 21-I:86 and RSA 21-L:15, I made by sections 2 and 3 of this act shall not apply to matters pending before the transportation appeals board, the division of plant and property management, or the commissioner of administrative services on the effective date of this act.
227:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 15, 2013
Effective Date: September 13, 2013