STATE, DEPARTMENT OF
SECRETARY OF STATE
#708-A Rules for Supervisors of the checklist & "Sample" of Voter Registration Card
Documents #5430-A and #5431 described below were adopted and filed by the Attorney General and not by the Secretary of State. However, pursuant to 1992, 288:31, effective 7-1-92, rulemaking authority these rules was transferred from the Attorney General to the Secretary of State. For filings of securities rules prior to 1992, see the filing index of the Office of Securities Regulation under agency prefix Ins-Sec.
#5430-A Adopt Atg-Se 703 Uniform Limited Offering Exemption Rule (eff 6-30-92)
#5431 Readopt w/amd Atg-Se 100-1500 Securities Regulation Rules (eff 6-30-92)
NOTE ON SECURITIES REGULATION:
Rules under the subtitle “Atr-Se” were eventually to have been re-numbered “Sta” for the Secretary of State. However, there was an apparent exemption from RSA 541-A pursuant to 1996, 239:34, enacting RSA 421-B:26-a, I, effective 8-9-96, for rules of the Bureau of Securities Regulation under RSA 421-B. RSA 421-B:26-a, I stated that “the provisions of RSA 541-A shall not apply to this chapter.”
Rules under RSA 421-B after 8-9-96 did not apparently have to be filed with the Office of Legislative Services or otherwise be subject to the requirements of RSA 541-A.
But the extent of the exemption was not clear, as RSA 421-B:26-a related only to hearings, and other references in RSA 421-B to rules under RSA 541-A remained without change by 1996, 239, such as RSA 421-B:2, XVIII and RSA 421-B:28.
Subsequently, pursuant to 2015, 273:1, effective 1-1-16, RSA 421-B was repealed and reenacted. RSA 421-B:6-613(a) states that, “All hearings conducted pursuant to this chapter shall be governed by the provisions of this section and the provisions of RSA 541-A shall not apply to this chapter.” Rules under RSA 421-B still do not apparently have to be filed with the Office of Legislative Services.
Nevertheless, RSA 421-B:4-412(g)(3) on denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration requires that orders must have “findings of fact and conclusions of law in a record in accordance with RSA 541-A.”
There is no other statutory exemption from RSA 541-A for the Secretary of State.
NOTE ON VITAL RECORDS AND VITAL STATISTICS:
He-P 7000 Vital Records and Vital Statistics was adopted and filed by the Department of Health and Human Services in Document #7600, effective 11-21-01. Pursuant to Chapter 319:52 of the Laws of 2003, effective 7-1-03, the administration of vital records was transferred from the Department of Health and Human Services to the Department of State. Pursuant to RSA 5-C:7, as adopted by Chapter 319:53 of the Laws of 2003, effective 7-1-03, the existing rules relative to vital records and vital statistics remained in effect “until rescinded, revised, or amended by an act of the general court.” Chapter 319:76 also adopted RSA 126:24-a through i., effective 7-1-03.
RSA 5-C was subsequently repealed and re-enacted pursuant to Chapter 268:1 of the Laws of 2005, effective 1-1-06, thereby effectively repealing He-P 7000. The Department of State has viewed the former He-P 7000 as now codified in RSA 5-C and RSA 126:24-a thru i.