administrative gloss doctrine (New Hampshire) · Go Syfert
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administrative gloss doctrine in New Hampshire

12 New Hampshire opinions name it 1 courts 1995–2020 0 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
In Re Kalargreen
nh · 2011 · cited in 4 New Hampshire opinions naming this issue, 2013–2019
2 sentences

2019Similarly, the administrative gloss doctrine applies only when a statutory provision is ambiguous. 3 Petition of Kalar , 162 N.H. 314 , 322, 27 A.3d 756 (2011) (noting that "[l]ack of ambiguity in a statute or ordinance ... precludes application of the administrative gloss doctrine").

2019Similarly, the administrative gloss doctrine applies only when a statutory provision is ambiguous. 3 Petition of Kalar , 162 N.H. 314 , 322, 27 A.3d 756 (2011) (noting that "[l]ack of ambiguity in a statute or ordinance ... precludes application of the administrative gloss doctrine").

34
DHB, Inc. v. Town of Pembrokegreen
nh · 2005 · cited in 3 New Hampshire opinions naming this issue, 2007–2012
2 sentences

2012As a rule of statutory construction, “[a]n ‘administrative gloss’ is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.” DHB, Inc. v. Town of Pembroke, 152 N.H. 314, 321 (2005).

2011DHB v. Town of Pembroke, 152 N.H. 314, 321 (2005).

33
Hanselv. City of Keenegreen
nh · 1993 · cited in 3 New Hampshire opinions naming this issue, 1995–2000
2 sentences

2000Cf. Hansel v. City of Keene, 138 N.H. 99, 104 , 634 A.2d 1351, 1354 (1993) (doctrine of administrative gloss does not apply where administrative rule is not ambiguous).

2000Cf. Hansel v. City of Keene, 138 N.H. 99, 104 , 634 A.2d 1351, 1354 (1993) (doctrine of administrative gloss does not apply where administrative rule is not ambiguous).

33
Anderson v. Motorsports Holdings, LLCgreen
nh · 2007 · cited in 3 New Hampshire opinions naming this issue, 2012–2018
2 sentences

2018However, "a lack of ambiguity in a statute or ordinance precludes application of the administrative gloss doctrine." Anderson v. Motorsports Holdings , 155 N.H. 491 , 502, 926 A.2d 261 (2007).

2018However, "a lack of ambiguity in a statute or ordinance precludes application of the administrative gloss doctrine." Anderson v. Motorsports Holdings , 155 N.H. 491 , 502, 926 A.2d 261 (2007).

23
Heron Cove Ass'n v. DVMD Holdings, Inc.green
nh · 2001 · cited in 2 New Hampshire opinions naming this issue, 2007–2011
2 sentences

2011See DHB, 152 N.H. at 321 ; Heron Cove Assoc. v. DVMD Holdings, 146 N.H. 211, 216 (2001).

2007See DHB, 152 N.H. at 321 ; Heron Cove Assoc. v. DVMD Holdings, 146 N.H. 211, 216 (2001).

22
New Hampshire Retail Grocers Ass'n v. State Tax Commissiongreen
nh · 1973 · cited in 1 New Hampshire opinions naming this issue, 2020–2020
1 sentence

2020The DOJ contends its longstanding practice of keeping the EES confidential coupled with the legislature’s “lack of . . . interference” with that practice “comprises ‘administrative gloss’ on the statute.” See New Hampshire Retail Grocers Ass’n v. State Tax Comm’n, 113 N.H. 511, 514 (1973) (“It is a well-established principle of statutory construction that a longstanding practical and plausible interpretation given a statute of doubtful meaning by those responsible for its implementation without any interference by the legislature is evidence that such a construction conforms to the legislative

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Appeal of Stewart green
nh · 2013
2 sentences

2018Administrative gloss is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference." Appeal of Stewart , 164 N.H. 772 , 776, 64 A.3d 989 (2013) (quotation omitted).

2018Administrative gloss is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference." Appeal of Stewart , 164 N.H. 772 , 776, 64 A.3d 989 (2013) (quotation omitted).

12018–2018

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 490:3 (3) NH § N.H. Rev. Stat. Ann. § 541:13 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NH 12 (1995–2020) NM 4 (1998–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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