New Hampshire Revised Statutes 651-A:32 – Rulemaking
Current as of: 2023 | Check for updates
|
Other versions
I. The interstate commission shall adopt rules, pursuant to RSA 541-A, to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states;
II. Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant hereunder. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter “APA”).
III. All rules and amendments shall become binding as of the date specified in each rule or amendment.
IV. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
V. When promulgating a rule, the interstate commission shall:
(a) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule.
(b) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available.
(c) Provide an opportunity for an informal hearing.
(d) Adopt a final rule and its effective date, if appropriate, based on the rulemaking record.
VI. Not later than sixty days after a rule is adopted, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission’s principal office is located for judicial review of such rule. If the court finds that the interstate commission’s action is not supported by substantial evidence, in the rulemaking record, the court shall hold the rule unlawful and set it aside.
VII. Subjects to be addressed within 12 months after the first meeting must at a minimum include:
(a) Notice to victims and opportunity to be heard.
(b) Offender registration and compliance
(c) Violations/returns.
(d) Transfer procedures and forms.
(e) Eligibility for transfer.
(f) Collection of restitution and fees from offenders.
(g) Data collection and reporting.
(h) The level of supervision to be provided by the receiving state.
(i) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.
(j) Mediation, arbitration and dispute resolution.
VIII. Upon determination by the interstate commission that an emergency exists, it may adopt an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
II. Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant hereunder. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter “APA”).
Terms Used In New Hampshire Revised Statutes 651-A:32
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Statute: A law passed by a legislature.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. All rules and amendments shall become binding as of the date specified in each rule or amendment.
IV. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
V. When promulgating a rule, the interstate commission shall:
(a) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule.
(b) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available.
(c) Provide an opportunity for an informal hearing.
(d) Adopt a final rule and its effective date, if appropriate, based on the rulemaking record.
VI. Not later than sixty days after a rule is adopted, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission’s principal office is located for judicial review of such rule. If the court finds that the interstate commission’s action is not supported by substantial evidence, in the rulemaking record, the court shall hold the rule unlawful and set it aside.
VII. Subjects to be addressed within 12 months after the first meeting must at a minimum include:
(a) Notice to victims and opportunity to be heard.
(b) Offender registration and compliance
(c) Violations/returns.
(d) Transfer procedures and forms.
(e) Eligibility for transfer.
(f) Collection of restitution and fees from offenders.
(g) Data collection and reporting.
(h) The level of supervision to be provided by the receiving state.
(i) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.
(j) Mediation, arbitration and dispute resolution.
VIII. Upon determination by the interstate commission that an emergency exists, it may adopt an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.