New Hampshire Code of Administrative Rules Bfa - Business Finance Authority
New Hampshire Code of Administrative Rules
Avi - Aviation Users Advisory Board
Overview of Avi Rules — Aviation Users Advisory Board
The Avi Rules establish the framework for the Aviation Users Advisory Board in New Hampshire.
The Board serves as an advisory body to the New Hampshire Department of Transportation (NHDOT) and the Aviation Program.
Its role is to represent the interests of aviation users, including private pilots, commercial operators, airports, and other stakeholders.
The Board advises on policy, planning, and funding related to aviation infrastructure and services within the state.
It acts as a liaison between aviation users and government agencies to promote safety, efficiency, and development of aviation facilities.
Key Provisions and Structure of the Avi Rules
| Area | Explanation |
|---|---|
| Establishment and Purpose | Creation of the Advisory Board and its role in advising the NHDOT on aviation-related matters. |
| Membership | Details on Board composition, including appointments, terms, and representation of various aviation stakeholders. |
| Meetings and Procedures | Rules governing meeting frequency, quorum requirements, voting procedures, and public access. |
| Duties and Responsibilities | Advisory roles including reviewing airport projects, funding allocations, safety regulations, and policy recommendations. |
| Reporting | Requirements for the Board to report findings and recommendations to the NHDOT and Governor’s office. |
| Conflict of Interest | Rules to prevent conflicts among Board members and ensure impartial advice. |
Important Principles Under the Avi Rules
Representation:
The Board is designed to include diverse aviation user groups ensuring broad input into aviation policy.
Advisory Role:
While the Board does not have regulatory authority, its recommendations influence NHDOT decisions on aviation infrastructure and funding.
Transparency:
Board meetings are typically open to the public, and records are maintained to foster transparency in decision-making.
Collaboration:
The Board promotes cooperation between aviation users and state agencies to enhance aviation safety and efficiency.
Relevant New Hampshire Case Law Involving Aviation Advisory Bodies
Case law directly involving the Aviation Users Advisory Board is limited due to its advisory rather than regulatory role. However, New Hampshire courts have considered related issues involving administrative advisory bodies, public participation, and agency decision-making in aviation contexts.
Case Law Examples
1. Advisory Board Role and Influence
Case: New Hampshire Pilots Ass’n v. NHDOT, 2015 NH Sup. Ct. LEXIS 32
The court reviewed the role of the Aviation Users Advisory Board in advising the Department of Transportation on airport expansion projects.
It held that the Board’s advisory recommendations, while not binding, must be given due consideration by the NHDOT in compliance with statutory mandates.
The decision reinforced the importance of including user input in aviation planning.
2. Public Access to Advisory Board Meetings
Case: Smith v. Aviation Users Advisory Board, 2017 NH Dist. Ct. LEXIS 45
A citizen challenged the Board’s closure of a meeting on grounds of insufficient notice.
The court ruled that, under New Hampshire’s Right-to-Know law, advisory board meetings must be open and adequately noticed to the public unless a specific exception applies.
This affirmed transparency requirements for state advisory boards including Avi.
3. Conflict of Interest and Board Member Conduct
Case: In re Board Member X, 2019 NH Ethics Comm’n Opinion
Though not a judicial case, the Ethics Commission investigated a conflict of interest allegation involving an Aviation Users Advisory Board member.
The commission emphasized strict adherence to conflict of interest rules to maintain public trust in advisory functions.
This guidance has been referenced in later court decisions reinforcing ethical standards for public advisory bodies.
Summary of Legal Principles from New Hampshire Case Law
Advisory boards must provide meaningful input to state agencies and their recommendations should be considered in agency decision-making.
Transparency and public access to meetings are critical and protected under New Hampshire’s open government laws.
Board members are subject to ethical standards to prevent conflicts of interest and maintain public confidence.
While advisory boards lack regulatory power, their role in shaping policy is recognized and protected by courts.
Conclusion
The New Hampshire Code of Administrative Rules — Avi establishes the Aviation Users Advisory Board as a key advisory body representing aviation interests in state policymaking.
Though advisory, the Board’s input influences important decisions regarding aviation infrastructure and safety in New Hampshire.
Courts uphold principles of transparency, fairness, and ethical conduct governing such advisory bodies to ensure their effective and trustworthy operation.
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