This bill amends the Administrative Procedure Act to require agencies to notify legislative policy committees and known stakeholders of proposed rulemaking. The agency must also pay attorney's fees in cases where the agency adopted rules after a final objection by the joint legislative committee on administrative rules and a court finds the rule to be invalid.

Specifically, the bill amends RSA 541-A:6, III to require agencies to send notice to the director of legislative services, regulated individuals, stakeholders, and those who have requested advance notice of rulemaking. The agency must also send notice to the president of the senate, speaker of the house, and chairpersons of the legislative committees if requested or if the rule is required by new legislation. The notice must be sent at least 20 days before the first agency public hearing. The bill also amends RSA 541-A:11, VIII to allow agencies to solicit comments from the public and legislative policy committees on a subject matter of possible rulemaking. Additionally, the bill amends RSA 541-A:13, VI to place the burden of proof on the agency in any action for judicial review or enforcement of a provision objected to by the committee. If the agency fails to meet its burden of proof, the court may declare the rule invalid and order the agency to pay the plaintiff's legal expenses.

Statutes affected:
Introduced: 541-A:2, 541-A:3-a, 541-A:4, 541-A:5, 541-A:6, 541-A:10, 541-A:11, 541-A:12, 541-A:13, 541-A:15, 541-A:19, 541-A:23
As Amended by the House: 541-A:6, 541-A:11, 541-A:13