By letter dated January 5, 2017, the Governor has requested state agencies to review their administrative rules to determine if such rules are mandated by law or essential to the public health, safety, or welfare. In order to determine whether a regulation is essential to the public health, safety, or welfare, agencies should be able to demonstrate the following: (1) there is a clear need for the regulation that is best addressed by the Agency and not another agency or governmental body, (2) the costs of the regulation do not exceed the regulation’s benefit, (3) the regulation is the least restrictive or intrusive alternative that will fulfill the need which the regulation addresses, (4) the regulation does not unduly burden the State’s citizens or businesses, and does not have an unreasonably adverse effect on the State’s competitive business environment, and (5) the effectiveness of the regulation can be reasonably and periodically measured, and that there is a process in place to accomplish the same.
In addition to their own review, Agencies are requested to consider input from the public on the factors described above. With this in mind the Office of Professional Licensure and Certification seeks, on behalf of the boards that it administers, any relevant testimony from members of the public regarding any of the administrative rules of these boards. To assist the Office in categorizing these comments, submissions should clearly identify: (1) the board(s), commission(s), or council(s) about which the testimony refers, (2) citations to specific rules being referenced, and (3) which of the five factors described above are at issue.
The governor has requested this information by March 31, 2017. To allow sufficient time to gather and organize this information, the Office is requesting all such testimony be submitted by March 3, 2017. Submissions may be made to Robert J. Lamberti, Jr., Attorney I, via email at robert.lambertiJr@nh.gov or via regular mail to 121 S. Fruit Street, Concord, NH 03301.
Office of Professional Licensure and Certification
121 South Fruit Street | Concord, NH 03301