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Lawmakers and Education Department Seek Fix to Higher Education Commission Appointment Language
Summary
Witnesses said statutory language for the Higher Education Commission can block replacement of inactive or departed appointees, prompting a proposal to change terms and vacancy language. The department and commission staff urged careful redrafting to avoid unintended consequences.
A hearing on a proposed change to statutes governing the New Hampshire Higher Education Commission drew testimony from the Department of Education and lawmakers about problems replacing inactive members.
Stephen Appleby, director at the Department of Education and staff to the Higher Education Commission, told the committee the current statutory language allows appointed members to remain in place “until a successor is appointed and qualified,” which the governor’s office has interpreted as preventing reappointment because a formal resignation may be missing. Appleby said that has led to two seats effectively frozen when members left the state or became incapacitated.
The bill would strike or revise language that requires members to remain in place until successors are appointed, allowing the governor and executive council to fill vacancies. “If an individual who is on the commission, doesn't formally resign the way the current statute is written, the governor's office interpretate has historically interpreted this as they are on the commission until they resign,” Appleby said, and the bill would “fix that problem.”
Representatives on the committee pressed for careful drafting. Representative Erf said the bill as drafted could remove the ability for a member to remain in place beyond a fixed five‑year term until a successor is named; he proposed refined language that addresses mid‑term inactivity (members who stop participating or lose eligibility) while preserving continuity after term expiration.
Appleby described the commission’s duties — approving private and postsecondary vocational schools, reviewing new college applications and overseeing a small scholarship program — and said any statutory change should be crafted to avoid unintended consequences. He suggested a vacancy rule tied to inactivity (for example, failure to attend a threshold number of meetings) or clarifying residency requirements for private college representatives.
Several representatives recommended redrafting to address both the “mid‑term inactivity” problem and the holdover-by-term issue. Appleby volunteered to work with the sponsor to refine language and consult counsel to get precise statutory wording.
No committee action was taken; the hearing closed with agreement to rewrite the bill language and consult counsel and stakeholders.
