Bill > HB1683

This bill requires state agencies to demonstrate clear statutory authority for their administrative rules and establishes a rigorous biennial review process to audit existing rules for legal compliance. Specifically, the bill mandates that the Office of Legislative Services, under the supervision of the Joint Legislative Committee on Administrative Rules (JLCAR), will conduct a comprehensive audit every two years to ensure that all administrative rules are directly supported by current state law and do not conflict with state or federal constitutions. If any rule is found to lack proper statutory basis or be unconstitutional, the issuing agency must either repeal or amend the rule within 90 days, and must provide a written justification for the rule's continued existence. Failure to comply with these requirements could result in serious consequences, including referral to the Attorney General, notification of state leadership, and potential suspension of funding for the noncompliant rule. The bill aims to increase transparency and accountability in administrative rulemaking by requiring public posting of audit results and agency responses, and it gives JLCAR broad authority to take action against rules that do not meet legal standards at any time, not just during the biennial audit. The legislation will take effect 60 days after passage and is estimated to require significant resources, including hiring additional staff to conduct the required audits.

Government Affairs

https://gc.nh.gov/bill_Status/billinfo.aspx?id=2326&inflect=2