CHAPTER 32

HB 1059 - FINAL VERSION

2022 SESSION

22-2032

11/04

HOUSE BILL 1059

AN ACT clarifying limits on licensure by operation of law.

SPONSORS: Rep. Fellows, Graf. 8

COMMITTEE: Executive Departments and Administration

-----------------------------------------------------------------

ANALYSIS

This bill clarifies that the executive director of the office of professional licensure and certification shall issue licenses pursuant to RSA 541-A:29-a only if applications for such licenses otherwise meet the requirements for licensure.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2032

11/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT clarifying limits on licensure by operation of law.

Be it Enacted by the Senate and House of Representatives in General Court convened:

32:1  New Paragraph; Administration of the Office of Professional Licensure and Certification.  Amend RSA 310-A:1-d by inserting after paragraph IV the following new paragraph:

V.  In the event a board, commission, or council does not meet the requirements of RSA 541-A:29 for taking action on a license application, such application shall only be deemed approved and the executive director shall only issue a license if the application otherwise meets the requirements for licensure established in law or administrative rule.

32:2  Administrative Procedure Act; Failure of Agency to Act.  Amend RSA 541-A:29-a, I to read as follows:

I. If an agency fails to take any required action on an application, petition, or request within the time limits prescribed by RSA 541-A:29 or any other provisions of law, the application, petition, or request shall be deemed approved and any permit, approval or other item requested shall be deemed granted to or received by the applicant, petitioner, or requestor, except as provided in RSA 310-A:1-d, V.

32:3  Effective Date.  This act shall take effect 60 days after its passage.

Approved: May 03, 2022

Effective Date: July 02, 2022