The New Hampshire Code of Administrative Rules is a body of

administrative law Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...

of the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

. The Administrative Rules in the Code are enacted by state agencies pursuant to the

rulemaking In administrative law, rulemaking is 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 deta ...

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 membe ...

. The Code serves to supplement the Revised Statutes Annotated 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 stat
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.

External links

New Hampshire Administrative Procedure ActNew Hampshire Administrative Rulemaking Flow Chart
(PDF) {{New Hampshire

Administrative Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administ ...

New Hampshire law