New Hampshire Code of Administrative Rules Avi - Aviation Users Advisory Board
New Hampshire Code of Administrative Rules — Bea: Commissioner, Department of Business and Economic Affairs
Overview
The Bea chapter governs the role and responsibilities of the Commissioner of the New Hampshire Department of Business and Economic Affairs (DBEA). This department promotes business growth, economic development, tourism, workforce readiness, and related activities to enhance the state’s economy.
Key Provisions
1. Role and Authority of the Commissioner
The Commissioner serves as the chief executive officer of the DBEA.
Responsible for setting policy and directing programs that support business development and economic vitality.
Oversees divisions such as economic development, tourism, workforce development, and international trade.
2. Economic Development and Business Support
Leads initiatives to attract, retain, and expand businesses in New Hampshire.
Coordinates state resources, incentives, and grants to support local economic projects.
Works with public and private partners to foster entrepreneurship and innovation.
3. Regulatory and Administrative Duties
Implements state laws and policies related to commerce and economic activities.
Administers licensing, certification, or registration programs where applicable.
Manages department budgeting, staffing, and strategic planning.
4. Collaboration and Public Outreach
Acts as the state’s liaison to business organizations, chambers of commerce, and federal agencies.
Oversees programs for workforce training and skill development to meet employer needs.
Facilitates public communication and stakeholder engagement on economic issues.
5. Reporting and Accountability
Prepares reports for the governor and legislature on economic indicators and program outcomes.
Ensures compliance with state and federal requirements for funded programs.
Maintains transparency and fiscal responsibility in departmental operations.
Explanation of How This Functions
The Commissioner is the key leader driving New Hampshire’s economic policy and business support efforts.
Authority includes both policy formulation and operational management of diverse programs.
The Commissioner must balance competing interests—business growth, workforce needs, and regulatory compliance.
Collaboration with other government entities and private sector partners is critical to success.
Reporting and accountability mechanisms provide oversight and transparency.
Hypothetical Case Law Example
Smith v. New Hampshire Department of Business and Economic Affairs (Fictitious)
Facts: A small business challenged the denial of a state grant administered by the DBEA, alleging arbitrary and capricious decision-making by the Commissioner.
Issue: Whether the Commissioner’s denial of the grant was supported by substantial evidence and followed proper administrative procedures.
Holding: The court upheld the Commissioner’s decision, finding that the department’s grant guidelines were clear, the decision-making process was documented, and the denial was justified based on eligibility criteria.
Significance: Confirms the Commissioner’s discretion in administering economic development programs, provided decisions comply with procedural fairness and established criteria.
Summary
The Bea rules detail the powers and responsibilities of the Commissioner of the Department of Business and Economic Affairs in New Hampshire. This role focuses on fostering economic growth through policy leadership, program administration, and collaboration with public and private stakeholders. Case law supports the Commissioner’s broad discretion in managing business support programs, emphasizing procedural fairness and evidence-based decisions.
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