A rule has the effect of law and is adopted by an agency, such as DHHS, to implement, interpret or make a specific statute administered by such agency.   An agency can only adopt a rule if it has statutory authority to do so.  The Legislature establishes policy and general standards for the operation of a program through the passage of law.  The Legislature grants authority to an agency to define these operational details in accordance with the statutory guidelines.

Rules implement legislative policy.  Rules inform the public about how to do or get something, or what can happen if something isn't done.  Rules also set standards and limits for the exercise of discretion so that an agency gives equal treatment to persons who are in similar situations. 

Current NH Administrative Rules pertaining to DHHS can be obtained by going to the NH Office of Legislative Services website.  You can also obtain copies by contacting the DHHS Administrative Rules Unit.

The Administrative Procedures Act governs the rulemaking process.   Public input is allowed at at two key points during the process.  

• The first is the public hearing.  Notifications of upcoming hearings are published in the Rulemaking Registry.  The notice also provides information on submitting written comments on proposed rules.  The public comment period remains open for a minimum of 10 days from the date of the hearing.  Upon the close of the comment period, the agency reviews and considers public comment and revises the proposed rule accordingly. 

• The second opportunity for public input occurs when the rules comes before the Joint Legislative Committee on Administrative Rules (JLCAR).  This committee provides oversight to the rulemaking process.  JLCAR meets at least once a month.