New Hampshire Revised Statutes 21-I:14 – Rulemaking Authority
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The commissioner of administrative services shall adopt rules, pursuant to RSA 541-A, relative to the following matters, if such matters require statements of general applicability within the definition of “rule” set forth in N.H. Rev. Stat. § 541-A:1, XV:
I. A comprehensive and uniform system of state financial management described in N.H. Rev. Stat. § 21-I:13, XV and XVI in the form of a manual to be updated and revised as the commissioner of administrative services deems necessary, that clearly explains procedures applicable to all state agencies, officers and employees other than the legislative branch and the state judicial branch. Notwithstanding N.H. Rev. Stat. § 21-G:9 or any other law relative to the powers or duties of commissioners or other state officials, the state agencies, officers, employees, and others to whom the provisions of the manual are directed shall abide by the requirements of the manual. The manual shall:
(a) Be subject to the approval of governor and council but, pursuant to N.H. Rev. Stat. § 541-A:1, XV, the manual and its contents shall not be a rule subject to the rulemaking requirements of RSA 541-A.
(b) To the extent deemed necessary by the commissioner, set forth standards, practices, procedures, policies, protocols, guidelines, specifications, instructions, directives, requirements, or descriptions of requirements related to the financial management of the state, including but not limited to:
(1) Budget preparation requirements.
(2) Fiscal year closing requirements.
(3) State fund structure.
(4) Governor and council actions.
(5) Fiscal committee actions.
(6) Transfer of appropriated funds.
(7) Reimbursement of travel, meals, and lodging.
(8) Staff development reimbursement.
(9) Asset and inventory requirements.
(10) State-owned motor vehicles.
(11) Implementation or alteration of practices, procedures, policies, protocols, guidelines, specifications, instructions, and directives related to the statewide budgeting and uniform financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems.
(12) Any other matter relating to budgeting, integrated financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems.
II. Loss prevention guidelines for the purpose of risk management.
III. [Repealed.]
IV. [Repealed.]
V. Standards for the provision of graphic services which will insure efficiency and high quality work.
VI. Standards governing the purchase and continuing ownership of graphic services equipment by agencies not exempted by N.H. Rev. Stat. § 21-I:12, I(e).
VII. Standards governing the allocation and use of state photocopiers by the agencies not exempted by N.H. Rev. Stat. § 21-I:12, I(e).
VIII. Standards necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
IX. Standards for the format, content and style of agency annual or biennial reports, after consultation with the administrator of the bureau of graphic services with regard to format. These standards shall require that agency reports provide statistical information on agency activities and operations in addition to narrative discussions; and that agency reports analyze the operational efficiency of state operations and program performance in terms of explicitly stating the statutory functions each agency is to perform and how these statutory functions are being accomplished, in terms of unit-cost measurement, workload efficiency data, and program output standards established by the commissioner. These standards shall be in the form of a manual to be updated and revised as the commissioner of administrative services deems necessary. Notwithstanding N.H. Rev. Stat. § 21-G:9 or any other law relative to the powers or duties of commissioners or other state officials, the state agencies, officers, employees, and others to whom the provisions of the manual are directed shall abide by the requirements of the manual. The manual shall be subject to the approval of governor and council but, pursuant to N.H. Rev. Stat. § 541-A:1, XV, the manual and its contents shall not be a rule subject to the rulemaking requirements of RSA 541-A.
X. Qualification, continuing eligibility and disqualification of recipients to receive commodities distributed by the surplus distribution section established by N.H. Rev. Stat. § 21-I:12, I, and procedures for determining the same. Such rules shall:
(a) Comply with requirements, if any, established by the department, division or agency of the United States which is the source of the commodities.
(b) Be binding on all recipient agencies and shall have the force of law. No recipient agency, nor any officer or employee thereof, shall be liable for damages for any claimed injury arising from a determination made in accordance with said rules.
XI. Fair and equitable charges to be assessed against recipients receiving any donated surpluses from the surplus distribution section based on recommendations provided according to N.H. Rev. Stat. § 21-I:11, I(a)(6).
XII. Standards and procedures governing the purchase of all materials, supplies and equipment by the division of procurement and support services.
XII-a. Procedures for the waiver of certain provisions of N.H. Rev. Stat. Chapter 21-I relative to purchasing under N.H. Rev. Stat. § 21-I:18, II.
XIII. Management of the state employees and retiree group insurance program authorized by N.H. Rev. Stat. § 21-I:26 through 21-I:36 and the programs established in N.H. Rev. Stat. § 21-I:44-a and N.H. Rev. Stat. § 21-I:44-b.
XIII-a. Implementation of the programs established in N.H. Rev. Stat. § 21-I:44-a and N.H. Rev. Stat. § 21-I:44-b.
XIV, XV. [Repealed.]
XVI. Public works services, including bidding for major projects as described in N.H. Rev. Stat. § 21-I:78, as authorized by N.H. Rev. Stat. § 21-I:80; N.H. Rev. Stat. § 21-I:81 and N.H. Rev. Stat. § 21-I:82, bidder qualifications, agency requests for public works services, charges and fees, selection of persons or entities to perform public works projects, public works construction and design, dispute resolution, and such other requirements or procedures relating to public works as are necessary for the division of public works design and construction to properly perform its duties and functions in accordance with applicable law.
XVII. The central management of space rented by state agencies, the rental of space by state agencies and the processes to be utilized by agencies in the rental of space, including those matters described in N.H. Rev. Stat. § 21-I:12, II(a)(5).
XVIII. Employees serving in executive branch unclassified positions relating to:
(a) Annual Leave;
(b) Sick Leave;
(c) Transfers between positions within the executive branch and across branches of state government; and
(d) Termination and payouts upon termination of employment.
I. A comprehensive and uniform system of state financial management described in N.H. Rev. Stat. § 21-I:13, XV and XVI in the form of a manual to be updated and revised as the commissioner of administrative services deems necessary, that clearly explains procedures applicable to all state agencies, officers and employees other than the legislative branch and the state judicial branch. Notwithstanding N.H. Rev. Stat. § 21-G:9 or any other law relative to the powers or duties of commissioners or other state officials, the state agencies, officers, employees, and others to whom the provisions of the manual are directed shall abide by the requirements of the manual. The manual shall:
Terms Used In New Hampshire Revised Statutes 21-I:14
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- 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
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) Be subject to the approval of governor and council but, pursuant to N.H. Rev. Stat. § 541-A:1, XV, the manual and its contents shall not be a rule subject to the rulemaking requirements of RSA 541-A.
(b) To the extent deemed necessary by the commissioner, set forth standards, practices, procedures, policies, protocols, guidelines, specifications, instructions, directives, requirements, or descriptions of requirements related to the financial management of the state, including but not limited to:
(1) Budget preparation requirements.
(2) Fiscal year closing requirements.
(3) State fund structure.
(4) Governor and council actions.
(5) Fiscal committee actions.
(6) Transfer of appropriated funds.
(7) Reimbursement of travel, meals, and lodging.
(8) Staff development reimbursement.
(9) Asset and inventory requirements.
(10) State-owned motor vehicles.
(11) Implementation or alteration of practices, procedures, policies, protocols, guidelines, specifications, instructions, and directives related to the statewide budgeting and uniform financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems.
(12) Any other matter relating to budgeting, integrated financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems.
II. Loss prevention guidelines for the purpose of risk management.
III. [Repealed.]
IV. [Repealed.]
V. Standards for the provision of graphic services which will insure efficiency and high quality work.
VI. Standards governing the purchase and continuing ownership of graphic services equipment by agencies not exempted by N.H. Rev. Stat. § 21-I:12, I(e).
VII. Standards governing the allocation and use of state photocopiers by the agencies not exempted by N.H. Rev. Stat. § 21-I:12, I(e).
VIII. Standards necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
IX. Standards for the format, content and style of agency annual or biennial reports, after consultation with the administrator of the bureau of graphic services with regard to format. These standards shall require that agency reports provide statistical information on agency activities and operations in addition to narrative discussions; and that agency reports analyze the operational efficiency of state operations and program performance in terms of explicitly stating the statutory functions each agency is to perform and how these statutory functions are being accomplished, in terms of unit-cost measurement, workload efficiency data, and program output standards established by the commissioner. These standards shall be in the form of a manual to be updated and revised as the commissioner of administrative services deems necessary. Notwithstanding N.H. Rev. Stat. § 21-G:9 or any other law relative to the powers or duties of commissioners or other state officials, the state agencies, officers, employees, and others to whom the provisions of the manual are directed shall abide by the requirements of the manual. The manual shall be subject to the approval of governor and council but, pursuant to N.H. Rev. Stat. § 541-A:1, XV, the manual and its contents shall not be a rule subject to the rulemaking requirements of RSA 541-A.
X. Qualification, continuing eligibility and disqualification of recipients to receive commodities distributed by the surplus distribution section established by N.H. Rev. Stat. § 21-I:12, I, and procedures for determining the same. Such rules shall:
(a) Comply with requirements, if any, established by the department, division or agency of the United States which is the source of the commodities.
(b) Be binding on all recipient agencies and shall have the force of law. No recipient agency, nor any officer or employee thereof, shall be liable for damages for any claimed injury arising from a determination made in accordance with said rules.
XI. Fair and equitable charges to be assessed against recipients receiving any donated surpluses from the surplus distribution section based on recommendations provided according to N.H. Rev. Stat. § 21-I:11, I(a)(6).
XII. Standards and procedures governing the purchase of all materials, supplies and equipment by the division of procurement and support services.
XII-a. Procedures for the waiver of certain provisions of N.H. Rev. Stat. Chapter 21-I relative to purchasing under N.H. Rev. Stat. § 21-I:18, II.
XIII. Management of the state employees and retiree group insurance program authorized by N.H. Rev. Stat. § 21-I:26 through 21-I:36 and the programs established in N.H. Rev. Stat. § 21-I:44-a and N.H. Rev. Stat. § 21-I:44-b.
XIII-a. Implementation of the programs established in N.H. Rev. Stat. § 21-I:44-a and N.H. Rev. Stat. § 21-I:44-b.
XIV, XV. [Repealed.]
XVI. Public works services, including bidding for major projects as described in N.H. Rev. Stat. § 21-I:78, as authorized by N.H. Rev. Stat. § 21-I:80; N.H. Rev. Stat. § 21-I:81 and N.H. Rev. Stat. § 21-I:82, bidder qualifications, agency requests for public works services, charges and fees, selection of persons or entities to perform public works projects, public works construction and design, dispute resolution, and such other requirements or procedures relating to public works as are necessary for the division of public works design and construction to properly perform its duties and functions in accordance with applicable law.
XVII. The central management of space rented by state agencies, the rental of space by state agencies and the processes to be utilized by agencies in the rental of space, including those matters described in N.H. Rev. Stat. § 21-I:12, II(a)(5).
XVIII. Employees serving in executive branch unclassified positions relating to:
(a) Annual Leave;
(b) Sick Leave;
(c) Transfers between positions within the executive branch and across branches of state government; and
(d) Termination and payouts upon termination of employment.