Important Notices
Notices from the Office of the Ombudsman
April 11, 2024: On April 9, 2024, the RKO adopted the administrative rules known as Chapters Rko 100, 200, and 300, to be effective in cases filed on or after May 20, 2024. On April 10, 2024, the RKO submitted the adopted rules to the Office of Legislative Services for processing. Editorial changes made in regard to Chapters Rko 100 and 200 since the time of the Final Proposal are explained here. Editorial changes made in regard to Chapter Rko 300 since the time of the Final Proposal are explained here.
April 4, 2024: The RKO is currently in the process of finalizing its rules for adoption and establishing an effective date. Adopted rules would apply to cases filed after that effective date. As previously noted, the rules were approved for adoption on March 15, 2024. The following link contains not only the Chapter 100 and 200 rules as submitted to the Joint Legislative Committee on Administrative Rules, as editorially “annotated” by the Office of Legislative Services, but also a synopsis of comments made during the rulemaking process conducted by this office: 2023-172_FP Meeting Packet (Consent) Rko 100 and Rko 200.pdf (state.nh.us). The JLCAR “meeting packet” for the Chapter Rko 300 rules is found here: 2023-173_FP Meeting Packet (Consent) Rko 300.pdf (state.nh.us)
April 3, 2024: The John W. King NH Law Library recently created a web resource regarding the Office of the Right to Know Ombudsman, including many decisions and orders in cases submitted to the RKO for review. It can be found here: https://courts-state-nh-us.libguides.com/c.php?g=1314994&p=10101511
March 21, 2024: The New Hampshire Department of Justice recently updated that Office’s “Memorandum on New Hampshire’s Right-To-Know Law.” That memorandum may be found here: https://www.doj.nh.gov/civil/documents/right-to-know-memorandum.pdf
On March 15, 2024, the Joint Legislative Committee on Administrative Rules voted to approve the final proposals on the administrative rules known as Chapters Rko 100, 200 and 300. There will be a period of additional work, but no further public comment hearings, before the rules are finalized, adopted, in effect, proofed and posted to the NH Code of Administrative rules found here: https://www.gencourt.state.nh.us/rules/about_rules/listagencies.aspx. The majority of these final stages in the NH rulemaking process are addressed in the New Hampshire Drafting and Procedure Manual for Administrative Rules (amendedmanualeffective5-1-16amended8-1-19.pdf (state.nh.us), Chapter 5, beginning at page 143.
March 4, 2024: The administrative rules of the Right to Know Ombudsman (Chapters Rko 100, 200 and 300) are currently scheduled for review by the Joint Legislative Committee on Administrative Rules (“JLCAR”) on March 15, 2024. Information about JLCAR is available here: https://www.gencourt.state.nh.us/rules/jlcar/description_members.aspx
January 11, 2024: Although not a required step in the administrative rulemaking process, the Office of the Right to Know Ombudsman (“RKO”) has concluded, pursuant to RSA 541-A: 11, I (c), that it will hold a public comment hearing on its draft “Final Proposals” for the administrative rules known as Rko 100, 200 and 300 on January 22, 2024 at 1:00 PM in Room 5 of the State House Annex, 25 Capitol St., Concord, NH. Notice of this proceeding appears in the NH Rulemaking Register of January 11, 2024, which can be found here:
The drafts of the Final Proposals (annotated text) can be found using the links contained in the electronic Register, or are available from this office. The annotated text shows additions to the original “Initial Proposal” in bold. Items removed from the initial proposal appear in strike-through. Subsequent steps in the rulemaking process are outlined in the flow-chart found here: https://www.gencourt.state.nh.us/rules/process/Rulemaking%20Flow%20Chart%20APPROVED%209-20%20corrected%204-21.pdf
September 5, 2023: Contrary to some suggestions, the Public Comment Hearing for this office’s rulkemaking proposal (as indicated in the August 10 Rulemaking Register found in the Notices below), is at 1 PM on September 6 (Wed.), not September 5.
August 17, 2023: A direct link to the Notice of Rulemaking for RKO 100 and 200, as found in the Rulemaking Register of August 10, 2023 (locatable through the RKO Notice of August 10, below) can be found here. APPENDIX II (state.nh.us)
A direct link to the Initial Proposal for RKO 100 and 200, as available through the electronic version of the Rulemaking Register of August 10, 2023 (locatable through the RKO Notice of August 10, below) can be found here. 2023-172 IP Rule Rko 100 and 200.pdf (state.nh.us)
A direct link to the Notice of Rulemaking for RKO 300, as found in the Rulemaking Register of August 10, 2023 (locatable through the RKO Notice of August 10, below) can be found here. APPENDIX II (state.nh.us)
A direct link to the Initial Proposal for RKO 300, as available through the electronic version of the Rulemaking Register of August 10, 2023 (locatable through the RKO Notice of August 10, below) can be found here. 2023-173 IP Rule Rko 300.pdf (state.nh.us)
As stated in the notices found in the August 10, 2023 Rulemaking Register states, the public comment hearing on these rules will be held at 1 PM, September 6, 2023 in Room 405 of the State House Annex, 25 Capital Street, Concord, NH.
August 10, 2023: The Office of the Right to Know Ombudsman (RKO) has proposed administrative rules relating to the operations of the office. As described in the notices found in the New Hampshire Rulemaking Register of August 10 2023 (notice numbers 172 and 173) a public comment hearing will be held on September 6, 2023. All interested persons and organizations are invited to comment, either at the hearing or in writing. The Rulemaking Register containing the notice of RKO rulemaking, as well as a link to the proposed rules themselves, may be found here. Administrative Rules (state.nh.us) The rulemaking process will be as outlined in the flow chart found here January 9, 1997 (state.nh.us)
March 17, 2023: RKO General Procedural Order 1 (pre-Rulemaking)
February 17, 2023: Request for Advance Public Comment This is a pre-process hearing as shown at the top of the following rulemaking flow chart. Subsequent steps in the process will be as outlined: https://www.gencourt.state.nh.us/rules/process/Rulemaking%20Flow%20Chart%20APPROVED%209-20%20corrected%204-21.pdf
February 7, 2023: This web site is under development. The Ombudsman’s office is currently organizing its operations. In the near future, the office will be holding a public hearing regarding the establishment of its administrative rules. Notices of rulemaking proceedings will appear on this page and in the New Hampshire Rulemaking Register, found here https://www.gencourt.state.nh.us/rules/register/default.aspx