Certified Final Objection No. 6 of the
Joint Legislative Committee on Administrative Rules
At Its meeting on October 21, 1988, the Joint Legislative Committee on Administrative Rules (Committee) voted to make a preliminary objection to proposed decreases In fees In rules of the Commissioner of the Department of Health and Human Services (Notice Number 88-130) governing massage establishments and practitioners. The commissioner responded by explaining why the decreases In the fees were being made and adopted the rules without change.
At its meeting on November 29, 1988, the Committee voted, under RSA 541-A:3-e, V(c), to make a final objection to those paragraphs of the proposed rules filed under Notice Number 88-130 where fees have been decreased. The final objection has been filed with the Director 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 a 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 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 is the text of the Committee's objection:
The-Committee objects that the decreases in fees in rules He-C 4101.02, 4101.04, and 4101.09(d) and (e), were contrary to the public interest by being designed to benefit the administrative convenience of the agency to the detriment of the public.