HB 1211 — relative to the scope of review of state agency interpretations.

HB 1211 - AS INTRODUCEDAMENDED SESSIONBY 26-2859THE 09/06 HOUSE BILL11Mar2026... 1211 AN ACT relative to the scope of review of state agency interpretations.

0906h SESSION 26-2859 09/06 HOUSE BILL 1211 AN ACT relative to the scope of review of state agency interpretations.

Executive Departments and Administration ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill states that reviewsin ofactions brought by or against state agencyagencies, rulesafter andapplying guidanceall shallcustomary nottools deferof tointerpretation, the agency'scourt interpretationsor buthearing makeofficer anyshall necessaryresolve interpretationsany deremaining novo,doubt andas shallto resolvelegal doubtsmeaning in favor of limitinga reasonable interpretation that limits agency action.power and maximizes liberty for the individuals impacted by restrictions, fees, fines, or civil or criminal action as a result of the state statute, regulation, or other subregulatory agency document.

HB 1211 - AS INTRODUCEDAMENDED 26-2859BY 09/06THE STATEHOUSE OF11Mar2026... NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the scope of review of state agency interpretations.

0906h 26-2859 09/06 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the scope of review of state agency interpretations.

In interpreting a state statute, regulation, or other subregulatory agency document, a state court or an officer hearing an administrativeadministration action mayshall not defer to a state agency’sagency's interpretation of it,the statute, regulation, or subregulatory document and mustshall instead interpret its meaning and effect de novo.

In actions brought by or against state agencies, after applying all customary tools of interpretation, the court or hearing officer shall exerciseresolve any remaining doubt as to legal meaning in favor of a reasonable interpretation that limits agency power and maximizes individualliberty liberty.for the individuals impacted by restrictions, fees, fines, or civil or criminal action as a result of the state statute, regulation, or other subregulatory agency document.

2 EffectiveNew Date.Section;

Statutory Construction.

Amend RSA 21 by inserting after section 55 the following new section:

21:56 Presumption of Liberty in Administrative Law.

Consistent with RSA 541-A:24-a, in actions brought by or against state agencies, after applying all customary tools of interpretation, a court or hearing officer shall resolve any remaining doubt as to legal meaning in favor of a reasonable interpretation that limits agency power and maximizes liberty for the individuals impacted by restrictions, fees, fines, or civil or criminal action as a result of the state statute, regulation or other subregulatory agency document.

3 Effective Date.