Revision: Jan. 30, 2017, 8:15 a.m.
HB 373 - AS INTRODUCED
2017 SESSION
17-0014
10/09
HOUSE BILL 373
SPONSORS: Rep. McGuire, Merr. 29
COMMITTEE: Executive Departments and Administration
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This bill provides that application forms for allied health professionals be adopted as a rule by the board of directors of allied health professionals rather than by each governing board. The bill also requires the Merrimack county superior court to provide information to the office of legislative services, administrative rules, on certain cases concerning the validity of administrative 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0014
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Allied Health Professionals; Rulemaking; Forms. Amend RSA 328-F:13 by inserting after paragraph III the following new paragraph:
IV. The design and content of application forms, which forms may require a notarized affidavit that the information provided in the application is complete and accurate.
2 Administrative Procedures Act; Remedies for Procedural Failures; Court Proceedings. Amend RSA 541-A:23, IV to read as follows:
IV. An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter other than those listed in paragraph I shall be commenced within one year after the effective date of the rule. Such actions shall be brought in the Merrimack county superior court. The Merrimack county superior court shall provide the office of legislative services, division of administrative rules with any documents related to such an action, including the complaint, answer, any pleadings or motions, the final disposition of the case, any appeals, and any other documents submitted. These documents shall be submitted within 30 business days of receipt.
3 Administrative Procedures Act; Declaratory Judgment; Court Proceedings. Amend RSA 541-A:24 to read as follows:
541-A:24 Declaratory Judgment on Validity or Applicability of Rules. The validity or applicability of a rule may be determined in an action for declaratory judgment in the Merrimack county superior court if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. The Merrimack county superior court shall provide the office of legislative services, division of administrative rules with any documents related to such an action, including the complaint, answer, any pleadings or motions, the final disposition of the case, any appeals, and any other documents submitted. These documents shall be submitted within 30 business days of receipt.
4 Governing Boards; Rulemaking. Amend RSA 328-F:11, I(f) to read as follows:
(f) The design and content of supplemental application forms requesting applicant information specific to the profession for which the applicant is applying, which forms may require a notarized affidavit that the information provided in the application is complete and accurate, and which do not request information already provided on forms adopted under RSA 328-F:13, IV.
5 Effective Date. This act shall take effect 60 days after its passage.