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The Office of Legislative Services, Administrative Rules is
the New Hampshire state government office where all proposed and adopted
administrative rules subject to RSA 541-A, the Administrative Procedure
Act, must be filed by state executive branch agencies to make the
adopted rules effective and therefore have the force of law. Together
the effective agency rules comprise the
New Hampshire Code of
Administrative Rules.
The Administrative Rules Office also serves as the clerical and legal
staff to the
Joint Legislative Committee on Administrative Rules
(JLCAR), a 10-member joint House and
Senate committee which provides legislative oversight for the rulemaking
process and the rules proposed and adopted by executive branch agencies
pursuant to
RSA 541-A. The
JLCAR may make final objections to a rule, which shifts the burden of
proof to the agency pursuant to
RSA 541-A:13 VI on
the lawfulness of the rule in a court challenge or court enforcement
action of the rule. The JLCAR may also vote to sponsor a
joint resolution to a rule, which delays its adoption for a
limited time in order for the legislature to consider the joint
resolution pursuant to
RSA 541-A:13, VII. Only legislative
action on the joint resolution may stop adoption of a rule
permanently.
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