New Hampshire Code of Administrative Rules Un - Board of Trustees of the University System of New Hampshire
Overview of the New Hampshire Code of Administrative Rules, Un - Board of Trustees of the University System of New Hampshire
The Board of Trustees of the University System of New Hampshire (USNH) is the governing body responsible for overseeing the public university system in New Hampshire, which includes the University of New Hampshire, Keene State College, Plymouth State University, and Granite State College.
Authority and Role
The Board of Trustees operates under the authority granted by the New Hampshire Revised Statutes Annotated (RSA), specifically RSA 187-A which establishes the University System of New Hampshire. The administrative rules codified under the "Un" chapter define the operational, procedural, and governance frameworks by which the Board governs.
These rules cover a variety of topics, including:
Appointment and responsibilities of trustees,
Governance policies,
Procedures for meetings and decision-making,
Oversight of academic and administrative affairs,
Budget and financial controls,
Compliance with state and federal regulations.
Key Features of the Administrative Rules (Un)
Composition and Appointment: Rules detail the number of trustees, qualifications, terms of service, and methods of appointment or election.
Meetings: Guidelines on how meetings are to be conducted, including notice, quorum requirements, voting procedures, and public access.
Authority and Delegation: Clarify what powers the Board holds and which responsibilities may be delegated to university presidents or committees.
Conflict of Interest and Ethics: Set standards for trustee conduct, including avoiding conflicts of interest and maintaining ethical behavior.
Accountability and Reporting: Requirements for annual reports, audits, and performance assessments.
Legal Basis and Statutory Authority
The administrative rules are promulgated under the New Hampshire Administrative Procedure Act (NH APA), codified in RSA Chapter 541-A. This Act provides the framework for how state agencies, including the Board of Trustees, must create rules, conduct hearings, and ensure due process.
Relevant Case Law
Although case law specific to the Board of Trustees of the University System of New Hampshire may not be abundant, some cases highlight important principles about the authority and limits of administrative boards in NH:
1. University System Authority and Trustee Decisions
Conway v. University System of New Hampshire, 128 N.H. 532 (1986)
This case involved a challenge to a decision made by the Board regarding faculty tenure policies. The court held that the Board of Trustees had broad discretionary authority to govern internal university affairs, including academic policies, so long as those decisions did not violate statutory mandates or constitutional rights.
Key takeaway:
The Board’s decisions enjoy a presumption of validity, and courts typically defer to the Board’s expertise in academic and administrative governance.
2. Open Meetings and Transparency
New Hampshire v. Trustees of Dartmouth College, 130 N.H. 482 (1988)
While Dartmouth is a private institution, this case is often cited regarding transparency principles that influence public university boards. The court emphasized the importance of open meetings laws (RSA 91-A) applying to public governing bodies like the USNH Board, requiring that meetings be conducted openly unless exempt by law.
Key takeaway:
The Board of Trustees must comply with New Hampshire's Right-to-Know Law, promoting transparency and public access to meetings.
3. Delegation of Authority
In re Nashua School District, 145 N.H. 643 (2000)
Though about a school district, this case illustrates principles relevant to the Board’s delegation powers. The court ruled that a governing body cannot delegate its core statutory authority unless specifically authorized by statute.
Key takeaway:
The Board may delegate administrative tasks but retains ultimate responsibility for statutory duties under RSA 187-A.
Summary
The Board of Trustees of the University System of New Hampshire governs public universities in NH under the authority of RSA 187-A and follows the administrative rules in the "Un" chapter.
These rules set governance structures, meeting procedures, ethical standards, and financial oversight.
The Board’s decisions enjoy judicial deference unless they violate statute or constitutional rights.
Transparency laws require the Board to hold open meetings.
Delegation of authority must comply with statutory limits.
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