reglab/housing_qa huggingface dataset:
NH Rev Stat § 541-A:22 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:22 - Validity of Rules.

    541-A:22 Validity of Rules. –||I. No agency rule is valid or effective against any person or party, nor may it be enforced by the state for any purpose, until it has been filed as required in this chapter and has not expired.||II. Rules shall be valid and binding on persons they affect, and shall have the force of law unless they have expired or have been amended or revised or unless a court of competent jurisdiction determines otherwise. Except as provided by RSA 541-A:13, VI, rules shall be prima facie evidence of the proper interpretation of the matter that they refer to.||III. An agency shall not by rule:||(a) Provide for penalties or fines unless specifically authorized by statute.||(b) Require licensing, as defined in RSA 541-A:1, IX, unless authorized by a law which uses one of the specific terms listed in RSA 541-A:1, VIII.||(c) Require fees unless specifically authorized by a statute enforced or administered by an agency. Specific authorization shall not include the designation of agency fee income in the operating budget when no other statutory authorization exists.||(d) Provide for non-consensual inspections of private property, unless the statute enforced or administered by the agency specifically grants inspection authority.||(e) Delegate its rulemaking authority to anyone other than the agency named in the statute delegating authority.||(f) Adopt rules under another agency's authority.||(g) Expand or limit a statutory definition affecting the scope of who may practice a profession.||(h) Require a submission of a social security number unless mandated by state or federal law.||IV. No agency shall grant waivers of, or variances from, any provisions of its rules without either amending the rules, or providing by rule for a waiver or variance procedure. The duration of the waiver or variance may be temporary if the rule so provides.|||Source. 1994, 412:1. 2003, 309:2, eff. July 1, 2004. 2015, 234:8, eff. Sept. 11, 2015.|
NH Rev Stat § 541-A:23 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:23 - Remedies for Procedural Failures.

    541-A:23 Remedies for Procedural Failures. –||I. The following shall prevent a rule from taking effect:||(a) Failure to file with the director of legislative services;||(b) Failure to file with the committee;||(c) Failure to respond to an objection of the committee as required by RSA 541-A:13, V; or||(d) Failure to receive approval of the committee for a proposed interim rule, as required by RSA 541-A:19, X.||II. The following shall not affect the validity of a rule:||(a) Inadvertent failure to make required assurances relating to an incorporation by reference;||(b) Failure to certify that all procedures required by this chapter have been satisfied;||(c) Failure to meet the style requirements of RSA 541-A:7; or||(d) Inadvertent failure to mail notice or copies of any rule.||III. For other violations of this chapter, the court may fashion appropriate relief.||IV. An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter other than those listed in paragraph I shall be commenced within one year after the effective date of the rule. Such actions shall be brought in the Merrimack county superior court. The plaintiff shall give notice of the action to the office of legislative services, division of administrative rules, at the time of filing. Upon receiving a judgment on the merits, the respondent agency or department shall also file a copy of that judgment with the office of legislative services, division of administrative rules.|||Source. 1994, 412:1, eff. Aug. 9, 1994. 2017, 101:2, eff. Aug. 7, 2017.|
NH Rev Stat § 541-A:24 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:24 - Declaratory Judgment on Validity or Applicability of Rules.

    541-A:24 Declaratory Judgment on Validity or Applicability of Rules. –||The validity or applicability of a rule may be determined in an action for declaratory judgment in the Merrimack county superior court if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. The plaintiff shall give notice of the action to the office of legislative services, division of administrative rules, at the time of filing. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. Upon receiving a declaratory judgment, the respondent agency or department shall also file a copy of that judgment with the office of legislative services, division of administrative rules.|||Source. 1994, 412:1, eff. Aug. 9, 1994. 2017, 101:3, eff. Aug. 7, 2017.|
NH Rev Stat § 541-A:25 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:25 - Unfunded State Mandates.

    541-A:25 Unfunded State Mandates. –||I. A state agency to which rulemaking authority has been granted, including those agencies, the rulemaking authority of which was granted prior to May 6, 1992, shall not mandate or assign any new, expanded, or modified programs or responsibilities to any political subdivision in such a way as to necessitate further expenditures by the political subdivision unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision. Such programs include those functions of a nature customarily undertaken by municipalities whether or not performance of such functions is required by statute.||II. Such programs also include, but are not limited to, functions such as police, fire and rescue, roads and bridges, solid waste, sewer and water, and construction and maintenance of buildings and other municipal facilities or other facilities or functions undertaken by a political subdivision.||III. Included in the scope and nature of such programs are those municipal functions which might be undertaken by a municipality or by a private entity and those functions which a municipality may legally choose not to undertake.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:26 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:26 - Administration of Federal Mandates.

    541-A:26 Administration of Federal Mandates. –||Any state agency, when administering federal mandates, shall not mandate or assign to any political subdivision any new, expanded or modified programs or responsibilities additional to the federal mandate in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:27 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:27 - Notification of Federal Statute and Regulation.

    541-A:27 Notification of Federal Statute and Regulation. –||Any new, expanded, or modified programs or responsibilities based upon a federal mandate and lawfully mandated or assigned to any political subdivision shall specifically state the federal statute and regulation requiring such new, expanded, or modified programs or responsibilities.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:28 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:28 - Opinions of the Attorney General.

    541-A:28 Opinions of the Attorney General. –||The attorney general shall transmit a copy of every nonconfidential opinion relative to rulemaking or rulemaking authority issued by the attorney general or in the attorney general's name to the director of legislative services. The director shall publish such opinions in the rulemaking register.|||Source. 1994, 412:1. 2000, 288:19, eff. July 1, 2000. 2018, 28:3, eff. July 14, 2018.|
NH Rev Stat § 541-A:29 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:29 - Agency Action on Applications, Petitions and Requests.

    541-A:29 Agency Action on Applications, Petitions and Requests. –||In processing an application, petition, or request, in any matter other than rulemaking or a declaratory ruling, in which a response is specifically addressed to the applicant, petitioner, or requester, the agency shall:||I. Within 30 days of receipt, examine the application, petition, or request, notify the applicant of any apparent errors or omissions, request any additional information that the agency is permitted by law to require, and notify the applicant of the name, official title, address, and telephone number of an agency official or employee who may be contacted regarding the application.||II. Within a reasonable time, not to exceed 60 days, after receipt of the application, petition or request, or of the response to a timely request made by the agency pursuant to paragraph I, the agency shall:||(a) Approve or deny the application, in whole or in part, on the basis of nonadjudicative processes, if disposition of the application by the use of these processes is not precluded by any provision of law; or||(b) Commence an adjudicative proceeding in accordance with this chapter.||III. If the time limits prescribed by this section conflict with specific time limits provided for by other provisions of law, the specific time limits provided for by such other provisions shall control.||IV. An agency may extend the time periods for review provided for in this section or in any other provision of law upon written agreement of the applicant.|||Source. 1994, 412:1, eff. Aug. 9, 1994. 2018, 279:6, eff. Jan. 1, 2019.|
NH Rev Stat § 541-A:29-a (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:29-a - Failure of Agency to Act.

    541-A:29-a Failure of Agency to Act. –||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.||II. If a permit, approval, or other item has been granted under paragraph I, the applicant may request written confirmation of such grant from an agency. The agency shall provide an applicant written confirmation of such an approval within 14 days of the applicant's request.||III. A permit, approval, or other item shall not be granted by default if an applicant has agreed in writing to extend an agency's time for review pursuant to RSA 541-A:29, IV or any other provision of law.||IV. A grant of a permit, approval, or other item under this section shall not relieve the applicant, petitioner, or requestor from the obligation to comply with all federal, state, and local requirements applicable to activities authorized by the permit, approval, or other item.|||Source. 2018, 279:9, eff. Jan. 1, 2019.|
NH Rev Stat § 541-A:30 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:30 - Agency Action Against Licensees.

    541-A:30 Agency Action Against Licensees. –||I. If a timely and sufficient application has been made in accordance with agency rules for renewal of a license for any activity of a continuing nature that does not automatically expire by law, the existing license shall not expire until the agency has taken final action upon the application for renewal. If the agency's final action is unfavorable, the license shall not expire until the last day for seeking judicial review of the agency's action, or a later date fixed by the reviewing court.||II. An agency shall not revoke, suspend, modify, annul, withdraw, or amend a license unless the agency first gives notice to the licensee of the facts or conduct upon which the agency intends to base its action, and gives the licensee an opportunity, through an adjudicative proceeding, to show compliance with all lawful requirements for the retention of the license.||III. If the agency finds that public health, safety or welfare requires emergency action and incorporates a finding to that effect in its order, immediate suspension of a license may be ordered pending an adjudicative proceeding. The agency shall commence this adjudicative proceeding not later than 10 working days after the date of the agency order suspending the license. A record of the proceeding shall be made by a certified shorthand court reporter provided by the agency. Unless expressly waived by the licensee, agency failure to commence an adjudicative proceeding within 10 working days shall mean that the suspension order is automatically vacated. The agency shall not again suspend the license for the same conduct which formed the basis of the vacated suspension without granting the licensee prior notice and an opportunity for an adjudicative proceeding.|||Source. 1994, 412:1. 1999, 331:1, eff. Sept. 14, 1999.|
NH Rev Stat § 541-A:32 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:32 - Intervention.

    541-A:32 Intervention. –||I. The presiding officer shall grant one or more petitions for intervention if:||(a) The petition is submitted in writing to the presiding officer, with copies mailed to all parties named in the presiding officer's notice of the hearing, at least 3 days before the hearing;||(b) The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests may be affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and||(c) The presiding officer determines that the interests of justice and the orderly and prompt conduct of the proceedings would not be impaired by allowing the intervention.||II. The presiding officer may grant one or more petitions for intervention at any time, upon determining that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.||III. If a petitioner qualifies for intervention, the presiding officer may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Such conditions may include, but are not limited to:||(a) Limitation of the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition.||(b) Limitation of the intervenor's use of cross-examination and other procedures so as to promote the orderly and prompt conduct of the proceedings.||(c) Requiring 2 or more intervenors to combine their presentations of evidence and argument, cross-examination, and other participation in the proceedings.||IV. Limitations imposed in accordance with paragraph III shall not be so extensive as to prevent the intervenor from protecting the interest which formed the basis of the intervention.||V. The presiding officer shall render an order granting or denying each petition for intervention, specifying any conditions and briefly stating the reasons for the order. The presiding officer may modify the order at any time, stating the reasons for the modification.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:33 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:33 - Evidence; Official Notice in Contested Cases.

    541-A:33 Evidence;  Official Notice in Contested Cases. –||I. All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer.||II. The rules of evidence shall not apply in adjudicative proceedings. Any oral or documentary evidence may be received; but the presiding officer may exclude irrelevant, immaterial or unduly repetitious evidence. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidence offered may be made and shall be noted in the record. Subject to the foregoing requirements, any part of the evidence may be received in written form if the interests of the parties will not thereby be prejudiced substantially.||III. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.||IV. A party may conduct cross-examinations required for a full and true disclosure of the facts.||V. Official notice may be taken of any one or more of the following:||(a) Any fact which could be judicially noticed in the courts of this state.||(b) The record of other proceedings before the agency.||(c) Generally recognized technical or scientific facts within the agency's specialized knowledge.||(d) Codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association.||VI. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:34 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:34 - Examination of Evidence by Agency.

    541-A:34 Examination of Evidence by Agency. –||If a majority of the officials of the agency who are to render the final decision in a contested case have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the final decision. The proposal for decision shall contain a statement of the reasons for the decision and shall set forth each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:35 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:35 - Decisions and Orders.

    541-A:35 Decisions and Orders. –||A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed promptly to each party and to a party's recognized representative.|||Source. 1994, 412:1. 2000, 288:21, eff. July 1, 2000.|
NH Rev Stat § 541-A:36 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:36 - Ex Parte Communications.

    541-A:36 Ex Parte Communications. –||Unless required for the disposition of ex parte matters authorized by law, officials or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue before the agency, with any person or party, except upon notice and opportunity for all parties to participate. This notice requirement shall not apply to:||I. Communications between or among agency personnel, or between the agency and legal counsel.||II. Communications between or among the presiding officer and one or more personal assistants.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:37 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:37 - Waiver.

    541-A:37 Waiver. –||Except to the extent precluded by law, a person may waive any right conferred upon that person by this chapter.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:38 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:38 - Informal Settlements.

    541-A:38 Informal Settlements. –||Except to the extent precluded by law, informal settlement of matters by nonadjudicative processes is encouraged. This section does not require any party or other person to utilize informal procedures or to settle a matter pursuant to informal procedures.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|
NH Rev Stat § 541-A:39 (2021)
2021 New Hampshire Revised Statutes|Title LV - Proceedings in Special Cases|Title 541-A - Administrative Procedure Act|Section 541-A:39 - Notice to Municipalities.

    541-A:39 Notice to Municipalities. –||I. In addition to any other requirements imposed by this chapter, each agency shall give notice to and afford all affected municipalities reasonable opportunity to submit data, views, or comments with respect to the issuance of a permit, license, or any action within its boundaries that directly affects the municipality. Such actions shall include those which may have an effect on land use, land development, or transportation; those which would result in the operation of a business; or those which would have an immediate fiscal impact on the municipality or require the provision of additional municipal services.||II. Each agency shall give notice by first class mail to the town or city clerk.||III. In the event of emergency circumstances which require prompt attention, prior notice or opportunity to comment shall not be required. However, notice contemporaneous with the action shall be required.||IV. This section shall not apply to the issuance of professional or occupational licenses unless such issuance also results in actions meeting the criteria set forth in paragraph I. This section shall not apply to reissuance or renewal of licenses or permits issued prior to August 23, 1985.|||Source. 1994, 412:1, eff. Aug. 9, 1994.|