Bill > HB1211

This bill adds a new section to New Hampshire's Revised Statutes Annotated (RSA) 541-A that changes how state courts and administrative hearing officers review and interpret agency rules and guidance. Specifically, the bill requires that when interpreting statutes, regulations, or other agency documents, courts and hearing officers must make their own independent interpretation (known as "de novo" review) instead of deferring to the agency's preferred interpretation. Furthermore, when ambiguity remains after applying standard interpretation methods, the bill mandates that any remaining doubts should be resolved in a way that limits the agency's power and protects individual liberty. This represents a significant shift in administrative law, potentially making it easier for individuals and organizations to challenge state agency interpretations and reducing agencies' discretionary power. The new legal standard would take effect on January 1, 2027, giving state agencies and courts time to prepare for the change in review procedures.

Government Affairs

https://gc.nh.gov/bill_Status/billinfo.aspx?id=2069&inflect=2