New Hampshire § 541-A-24 - Section 541-A:24 Declaratory Judgment on Validity or Applicability of Rules.

§ 541-A-24. Section 541-A:24 Declaratory Judgment on Validity or Applicability of Rules.

The validity or applicability of a rule, including the enforcement of an expired rule by an agency, may be determined in an action for declaratory judgment in the Merrimack county superior court if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff, or if the agency is enforcing an expired rule contrary to RSA 541-A:22, I and II, including the levying of fines or assessment of fees. The agency shall be made a party to the action. The plaintiff shall give notice of the action to the office of legislative services, division of administrative rules, at the time of filing. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. The court shall have the authority to levy a financial penalty upon the agency, including the payment of plaintiff's attorney's fees and, if the agency enforced an expired rule, the reimbursement of fines or fees collected by the agency from the plaintiff under that expired rule. Upon receiving a declaratory judgment, the respondent agency or department shall also file a copy of that judgment with the office of legislative services, division of administrative rules.