Certified Final Objection No. 10 of the

Joint Legislative Committee on Administrative Rules

At its meeting on December 19. 1989, the Joint Legislative Committee on Administrative Rules (Committee) voted to make a Preliminary Objection to Final Proposal 89-184 containing Proposed rules of the Board of Dental Examinersrelative to the fees charged by the Board. The Board responded on January 16, 1989.

At its meeting on February 16, 1990. the Committee voted. Pursuant to RSA 541-A:3-e., V(c). to make a Final Objection to one of the rules in Final Proposal 89-184: Den 102.02(a)(3). The Final objection has been filed with the Director of the Office of Legislative Services for Publication in the New Hampshire Rulemaking Register. The effect of this objection is stated in RSA 541-A:3-e, VI:

After a committee objection is filed with the director under paragraph V(c), to the extent that the objection covers a rule or portion of a rule, the burden of proof thereafter shall be on the agency in any action for judicial review or for enforcement of the rule to establish that the Part objected to Is within the authority delegated to the agency, is consistent with the Intent of the legislature, and Is In the public Interest. If the agency falls to most its burden of proof, the court shall declare the whole or portion of the rule objected to invalid. The failure of the committee to object to a rule shall not be implied legislative authorization of its substantive or Procedural lawfulness.

The following outlines the rule to which the Committee objects and the reason for the Final Objection:

Den 102.02(a)(3)

The Committee objected that the rule is contrary to legislative intent. pursuant to Committee Rule 402.02, by conflicting with RSA 541-A:12, III(c), which prohibits an agency from requiring a fee, by rule, that has not been specifically authorized by statute.

The rule provides that those who wish to be issued a temporary license for dentists must 'complete an application and pay the registration fee. There is no specific statutory authority to charge such a fee.