#2971*       Adopt Ju 100-400 Organizational, Hearings, Parole Process, and Revocation of Parole (eff 1-28-85)


#4431         Repeal existing rules and Adopt Ju 100-600 Rules Governing the Juvenile Parole Board (eff 6-2-88) (Emergency Rule - Expired 8/31/88)




Office of Legislative Services

Division of Administrative Rules

May 8, 1996


Statement on Expiration of Rules of Juvenile Parole Board


        Pursuant to RSA 170-H:4, the Juvenile Parole Board adopted rules Ju 100 through Ju 400 effective 1-28-85.  Emergency rules superseded them, effective 6-2-88 and expiring 8-31-88.  RSA 541-A:3-g, V became effective on June 25, 1988 stating that existing rules amended or repealed by adoption of an emergency rule shall again be effective in their original form upon expiration of the emergency rule.  At best, therefore, the rules of the Juvenile Parole Board expired on January 28, 1991 in the view of the Director of the Office of Legislative Services (OLS).


        The Board undertook a permanent rulemaking proceeding in 1988 to adopt what had been the emergency rules.  The Joint Legislative Committee on Administrative Rules (JLCAR) made a preliminary objection pursuant to RSA 541-A:3-e, V, to Final Proposal 88-127 on September 16, 1988, and the agency responded with amended rules received September 27, 1988.  On October 31, 1988, the JLCAR voted to accept the response.  In the view of the Director of OLS, however, the Board never filed the adopted rule but only a response.  The Division of Administrative Rules in OLS informed the Board in a letter dated August 9, 1990, but the Board took no further action.  The Director of OLS has therefore not recorded these rules amended in response to the Committee objection as adopted rules.  The Department of Justice has also been made aware of this issue.  A memorandum completed in September, 1991 by the Department on expired rules contained the relevant documentation attached, including a letter from the man who was Board chairman in 1988.


        However, due to the Board's failure to follow the proper rulemaking steps, and address the concerns of the August 9, 1990 letter, the Director of OLS never acknowledged that the rules proposed in 1988 were effective.  No document number and effective date were assigned in an OLS receipt, since no adopted rules were filed.  If a court determines that the rules were effective when the Board filed the objection response on September 27, 1988, these rules would have expired September 27, 1994.



#7842*       Adopt Juv 100 Juvenile Parole Board Organizational Rules (eff 3-6-03)

                  (Do not Expire except pursuant to RSA 541-A:17, II)


#7843-A*   Adopt Juv 201-206 Hearings Rules for the Juvenile Parole Board (eff 3-6-03)

                  (Do not Expire except pursuant to RSA 541-A:17, II)


#7843-B*    Adopt Juv 207 Explanation After Adoption Rule (eff 3-6-03)


#7844*       Adopt Juv 300 & 400 Parole Process Rules of the Juvenile Parole Board (eff 3-6-03)


#9903         INTERIM RULE - Adopt Juv 207, 300, & 400 Parole Board: Explanation, Parole Process, Revocation of Parole (eff 4-15-11) EXPIRES: 10-13-11


#10008-A*  Amend, Readopt, Readopt w/Amend Juv 100 & 200 various sections & paras (eff 9-30-11) DO NOT EXPIRE


#10000-B*  Readopt, Readopt w/Amend Juv 207.01, 300, & 400 Explanation After Adoption, Parole Process, and Revocation of Parole (eff 9-30-11)