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Legislative staff briefs EDNA on administrative rulemaking, JELCAR review and limits on agency authority

2115780 · January 15, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Office of Legislative Services staff gave EDNA members a one-hour orientation on administrative rulemaking, explaining rule definitions, limits on delegated authority, the JELCAR review role and practical steps committees and agencies should take during drafting and notice.

Representative Carol McGuire, chair of the House Executive Departments and Administration Committee, opened the committee’s orientation by introducing staff from the Office of Legislative Services and inviting a presentation on administrative rulemaking.

“Ours is the Office of Legislative Services. My name is Douglas Osterhau. I am the director of the Administrative Rules Unit for the Office of Legislative Services,” said Douglas Osterhau, the unit’s director, who led the briefing along with committee attorney Rebecca Ricard.

The presentation defined a rule and stressed its legal weight. “A rule is any regulation standard. It’s a statement of general applicability, meant to implement, interpret, or make specific a statute that prescribes or interprets agency policy or practice,” Osterhau said, summarizing the Administrative Procedure Act framework and noting that properly adopted rules “carry the force of law.” He and Ricard described the statutory reference (RSA 541‑A) that governs the rulemaking process and the…

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