Certified Final Objection No. #26 of the
Joint Legislative Committee on Administrative Rules
At its meeting on March 22, 1991, the Joint Legislative Committee on Administrative Rules (Committee) voted, pursuant to RSA 541-A:3-e, IV, to enter a preliminary objection to Final Proposal 91-006, of the New Hampshire Oil Fund Disbursement Board (Board) containing rules relative to third party claims reimbursement. The Board responded by letter dated April 15, 1991.
At its regular meeting on August 22, 1991, the Committee voted, pursuant to RSA 541-A:3-e, V(c), to enter a final objection to Final Proposal 91-006. 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 a final 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 fails to meet 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 an implied legislative authorization of its substantive or procedural lawfulness.
The following summarizes the basis upon which the final objection has been entered:
The Committee objected that Odb 506.03(b) violates Committee Rule 401.01 as it is beyond the authority of the Board.
Rule Odb 506.03(b) states that "nothing in RSA 146-D or these rules shall serve as the basis for the board to be made a party to any civil action without its consent." The Committee concluded that the Board does not have statutory authority to require its consent before being made a party in any civil action.