Revision: May 2, 2024, 9:33 a.m.
Senate Executive Departments and Administration
May 1, 2024
2024-1729s
05/08
Amendment to HB 274
Amend the bill by replacing section 1 with the following:
1 Administrative Procedure Act; Notice of Rulemaking Proceedings. Amend RSA 541-A:6, III to read as follows:
III. The agency shall send notice to the director of legislative services, to all persons regulated by the proposed rules who hold occupational licenses issued by the agency, to past participants in similar rulemaking proceedings, and to all persons who have made timely request for advance notice of rulemaking proceedings. Upon request, or if the rule is required by new legislation, the agency shall send notice to the president of the senate, to the speaker of the house of representatives, and to the chairpersons of the legislative committees having jurisdiction over the subject matter. Notice shall be made not less than 20 days before the first agency public hearing required by RSA 541-A:11, I. Notice to occupational licensees shall be by U.S. Mail, electronically, agency bulletin or newsletter, public notice advertisement in a publication of daily statewide circulation, or in such other manner that is reasonably calculated to inform such licensees of the proposed rulemaking. The committee may identify additional methods of notifying occupational licensees that are deemed sufficient.
Amend the bill by replacing section 3 with the following:
3 Administrative Procedure Act; Review by the Joint Legislative Committee on Administrative Rules. Amend RSA 541-A:13, VI to read as follows:
VI. After a final objection by the committee to a provision in the rule is filed with the director under subparagraph V(f), the burden of proof shall be on the agency in any action for judicial review or for enforcement of the provision to establish that the part objected to is within the authority delegated to the agency, is consistent with the intent of the legislature, is in the public interest, or does not have a substantial economic impact not recognized in the fiscal impact statement If the agency fails to meet its burden of proof, the court shall declare the whole or a portion of the rule objected to invalid, and may order the agency to pay the plaintiff's legal expenses. The failure of the committee to object to a rule shall not be an implied legislative authorization of its substantive or procedural lawfulness.
2024-1729s
AMENDED ANALYSIS
This bill directs agencies to notify legislative policy committees and known stakeholders of proposed rulemaking under RSA 541-A. The bill also provides that an agency may be required to pay attorneys fees in cases in which the agency adopted rules after final objection by the joint legislative committee on administrative rules and a finding by the court that the rule is invalid.