The Joint Administrative Rules Committee on Wednesday granted conditional approval to a Department of Employment Security (DES) rule, 24‑193, after the agency agreed to incorporate a form by reference; the committee also voted to postpone consideration of rule 24‑195 for one month to allow the agency to provide clearer notice language.
Committee members said a single public comment on 24‑193 raised the issue that a required form was not incorporated by reference. Attorney Ricard of the Office of Legislative Services had flagged the discrepancy; DES attorney Timothy Fisher told the committee the agency submitted a conditional approval request and updated the rule language to incorporate the form (noted on page 1 of the rule text). Fisher asked for conditional approval; the motion, moved by Representative Jackie and seconded by Bob, carried unanimously.
The committee then took up rule 24‑195. OLS staff reported one substantive comment: the rule requires employers to post a notice “in such form and design as supplied by the commissioner and available on the NHES website,” but contains no detail on the notice’s content, title, or where on the website it will appear. OLS recommended the agency provide more specific language to avoid an impermissible oral-rulemaking problem under RSA 541‑A:22. The agency told the committee it has drafted proposed additional language and would like more time to consult stakeholders; because the rule faces a June 2 deadline, members agreed to grant a one‑month waiver and have the agency return with clarified text. Representative Leon moved to grant the waiver; Representative Lynn seconded the motion, which passed on a voice vote.
The committee’s actions were procedural: 24‑193 received conditional approval with the agency’s incorporation language noted in the record; 24‑195 was postponed to the committee’s next meeting so staff can propose more specific posting and notification language.
Minutes and the consent calendar were approved earlier in the session. The committee’s staff packet includes the agency’s conditional approval request and the revised rule text.