The New Hampshire Code of Administrative Rules
is a body of administrative law of the U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
. The Administrative Rules in the Code are enacted by state agencies pursuant to the rulemaking
In administrative law, rulemaking refers to the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.By bringing...
authority granted by the New Hampshire General Court
The General Court of New Hampshire is the bicameral state legislature of the U.S. state of New Hampshire. The lower house is the New Hampshire House of Representatives with 400 members. The upper house is the New Hampshire Senate with 24 members...
. The Code serves to supplement the Revised Statutes Annotated
The New Hampshire Revised Statutes Annotated forms the codified law of the state subordinate to the New Hampshire State Constitution.-History:The RSA is a set of law books published by Thomson West...
by allowing agencies to further develop a statute or to impose a general requirement legally binding on the state.
Joint Legislative Committee on Administrative Rules
Upon grant of rulemaking authority by the legislature, an agency is obliged to follow the requirements of the state Administrative Procedure Act (APA)
. Legislative oversight of the rulemaking process is provided by the Joint Legislative Committee on Administrative Rules (JLCAR). The membership of the JLCAR is composed of 5 members of the State Senate and 5 members of the House of Representatives, with 5 alternates from each chamber to fill in for absent members. Every 2 years the Senate members are appointed by the President of the Senate, and the House members by the Speaker of the House. No more than 3 regular members, and 3 alternate members, from each chamber may be from the same party.
The JLCAR may approve, conditionally approve, or object to final agency proposals or proposed interim rules. JLCAR approval is not required except for a proposed interim rule. Agencies may amend a proposed rule in response to an objection and still seek JLCAR approval, or the agency may withdraw the rule. The JLCAR may not object to an emergency rule but may petition for its repeal if the agency has not demonstrated that the rule is necessary to prevent an imminent peril to the public health or safety. An agency may not adopt a proposed regular rule after responding to an objection until the JLCAR has had an opportunity to examine the response and decide whether to approve the rule, make a final objection, or vote to support the introduction of a joint resolution. A final objection by the JLCAR is not a veto nor does it delay adoption of a rule, but it does shift the burden of proof to the agency on the lawfulness of the rule in a court challenge or court enforcement action of the rule.