Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Rulemaking topic
No spam. Unsubscribe anytime.
Legislators, agency lawyers outline how bills become enforceable rules and how sponsors can protect intent
Summary
Legislators heard a two‑hour primer on the state rulemaking process, including how statutes (RSA 541‑A) translate into agency rules, the role of JELCAR review, and practical steps sponsors can take to ensure legislative intent is preserved.
Representatives on the New Hampshire House Labor Committee spent the morning reviewing how legislation becomes enforceable agency rules and what sponsors must do to keep their intent intact. Carol Maguire, a long‑time legislator who chairs joint legislative rule review at times, told the committee that rulemaking is governed by RSA 541‑A and a detailed Office of Administrative Rules handbook agencies must follow.
Maguire said sponsors should explicitly write the scope and criteria for rules into the statute rather than directing agencies merely to “implement the purpose of this chapter,” language she warned gives agencies broad discretion. “If you write ‘implement the purpose’ the agency can interpret the chapter however it likes,” she said, advising sponsors to specify fees, timing, waivers and other criteria when a bill requires rules.
John Garrian, general counsel for the Department of Labor, and Deputy Commissioner Danielle Albert described how agencies draft and vet rules internally, work with Office of the Solicitor attorneys, post proposals in the rulemaking register, and conduct public hearings. They said agencies take JELCAR feedback seriously and rarely adopt rules over a JELCAR objection because doing so raises legal exposure.
Both legislators and agency staff urged early engagement: monitor the weekly rulemaking register, attend or submit comments at the initial proposal stage, and be prepared to pursue objections through JELCAR if an agency’s rule exceeds statutory authority. Committee members raised specifics — how to track rule packages, when to ask for reviews, and what constitutes a timely comment — and staff recommended a six‑month runway when bills create new administrative burdens.
The session ended with a practical checklist: draft specific statutory language when rulemaking is required, monitor the register each Thursday, attend public hearings, and, where necessary, use JELCAR’s review authority to correct rules that conflict with legislative intent. The committee took no formal action and will use the discussion to advise bill sponsors going forward.
