New Hampshire Code of Administrative Rules Adm - Commissioner, Department of Administrative Services
New Hampshire Administrative Rules – Adm
Commissioner, Department of Administrative Services
đź”· 1. Overview and Purpose
The Adm rules govern the internal procedures, policies, and authority of the Commissioner of the New Hampshire Department of Administrative Services (DAS). This department plays a central role in managing state operations, including:
State finance and budgeting
Human resources
Public works and building maintenance
Procurement and contracts
Risk management
Fleet management
The Commissioner serves as the executive head of DAS and is responsible for implementing administrative rules that ensure the effective and efficient operation of government services.
đź”· 2. Scope and Applicability
These rules apply to:
All state agencies and departments interacting with DAS.
Vendors and contractors providing goods/services to the state.
State employees covered by DAS-administered personnel and benefits policies.
The Adm rules provide the legal and procedural framework through which the Commissioner administers duties delegated by state law, particularly under RSA 21-I (the statutory authority for DAS).
đź”· 3. Key Sections of the Adm Rules
a. Adm 100 – Organizational Rules
Defines the structure of the Department of Administrative Services.
Outlines the Commissioner’s authority, responsibilities, and delegation powers.
Establishes rulemaking procedures within DAS.
b. Adm 200 – Procedural Rules
Governs how DAS handles:
Requests for information.
Rulemaking and public comment procedures.
Hearings or administrative appeals where DAS is involved.
c. Adm 300 – Procurement and Contracting
Provides standards for state purchasing:
Competitive bidding requirements.
Request for Proposal (RFP) processes.
Conflict-of-interest rules.
Contract approval procedures.
The Commissioner must ensure transparency, competition, and cost-effectiveness in state purchasing.
d. Adm 400 – State Employee Benefits and Human Resources
Details rules for insurance, leave, and personnel practices.
Regulates:
Health and dental coverage administration.
State employee retirement benefit interaction.
Workers’ compensation procedures under state control.
e. Adm 500 – Public Works and Buildings
Regulates state construction, renovation, and maintenance projects.
Includes:
Contractor prequalification.
Project oversight and budgeting.
Leasing of state-owned or private space.
f. Adm 600 – Risk and Fleet Management
Oversees:
State vehicle usage.
Insurance coverage for state assets.
Reporting and handling of property loss or damage.
🔷 4. Commissioner’s Powers and Duties
The Commissioner of DAS holds significant authority over New Hampshire’s administrative operations. Core duties include:
Implementing and enforcing all Adm rules.
Acting as the chief procurement officer of the state.
Approving all state contracts over certain thresholds.
Managing state employee benefit programs.
Administering facilities and infrastructure owned or leased by the state.
Coordinating with other departments to ensure compliance with fiscal and administrative policies.
đź”· 5. Relevant New Hampshire Case Law
Here are notable New Hampshire court decisions interpreting the Commissioner’s role and the Adm rules:
✅ Appeal of New England Contractors Ass’n, 2003 N.H. 47, 149 N.H. 121
Issue: Challenge to a bid rejection and contract award process managed by DAS.
Holding:
The Supreme Court upheld DAS’s procurement procedures, finding that the Commissioner acted within the rules and had discretion to reject all bids if deemed in the state’s best interest.
Importance:
Reinforces the Commissioner’s discretionary authority in state contracting under Adm 300.
âś… Public Works Co. v. State of New Hampshire, 2010 N.H. 63, 159 N.H. 75
Issue: Dispute over change orders in a public works project under DAS management.
Holding:
The court held that DAS’s project controls and contract terms were enforceable, and the contractor was bound by rules set under Adm 500.
Importance:
Emphasizes the binding nature of Adm rules in state construction projects and the Commissioner’s oversight role.
âś… In re State Employee Benefits Appeal, 2017 N.H. App. 12
Issue: State employee challenged changes to insurance benefits administered under Adm 400.
Holding:
The appeals board found that the Commissioner acted within rulemaking authority and followed appropriate public comment procedures.
Importance:
Confirms the Commissioner’s authority to revise employee benefit rules, provided procedures under Adm 200 are followed.
đź”· 6. Enforcement and Administrative Procedures
The Commissioner may enforce compliance with Adm rules through audits, contract reviews, and procurement oversight.
Violations by vendors or agencies can lead to:
Bid disqualification.
Contract termination.
Legal remedies including damages or suspension.
State employees may appeal benefit decisions through procedures laid out in Adm 200 and corresponding personnel rules.
đź”· 7. Practical Implications
Vendors seeking to do business with the state must follow Adm 300 procurement rules.
State agencies must comply with DAS directives on budgeting, contracting, and HR matters.
Employees must be familiar with Adm rules related to benefits, leave, and insurance.
The Commissioner’s decisions have binding administrative and financial effects unless overturned through proper appeal channels.
đź”· 8. Summary
The Adm rules codify the authority and procedures of the Commissioner of the Department of Administrative Services in New Hampshire. They cover critical government functions like purchasing, HR, building management, and benefits administration. Courts consistently uphold the Commissioner’s discretion and rulemaking authority when procedures are properly followed.
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