The University of New Hampshire Law Review
Administrative Agencies: A Comparison of New Hampshire and Federal Agencies’ History, Structure and Rulemaking Requirements
[Excerpt] "In this day and age it is difficult to think of anything that is not regulated in some way by a state or federal agency. State and federal agencies routinely make decisions that impact our daily lives. The air we breathe, the water we drink, the food we eat, the clothes we wear, and the places where we live and work are all regulated to some extent.
Agencies sometimes regulate things in ways that lead to strange results. For example, New Hampshire, state regulations allow anyone to own a yak, a bison, a wild boar, or an emu, but do not permit a person to own a capuchin monkey unless that person is an “exhibitor” of animals. This may not seem like a big deal, but the result of this restriction is that people with disabilities cannot possess a capuchin monkey as a service animal unless they qualify as an “exhibitor.”
Most people with disabilities that need a capuchin monkey as a service animal will not meet the “exhibitor” requirements. They don’t intend to exhibit the animal; they just need the animal to help them with daily activities. Therefore, the result of the agency’s rules is that people in New Hampshire are able to possess yaks or wild boar with little or no agency oversight, but cannot possess an animal that will bring great benefit to their daily lives.
This article discusses where New Hampshire and federal agencies obtain the authority to make agency rules or regulations, and the similarities and differences in the way they make them. This article also compares the way that New Hampshire and federal agencies are structured and controlled by the executive and legislative branches of government."
Scott F. Johnson, Administrative Agencies: A Comparison of New Hampshire and Federal Agencies’ History, Structure and Rulemaking Requirements, 4 Pierce L. Rev. 435 (2006), available at http://scholars.unh.edu/unh_lr/vol4/iss3/5
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