ML20207S615

Forwards Sections of State of Nh Revised Statutes Annotated Cited in State of Nh Brief in Response to Appeal of Us Senator Gj Humphrey & Inadvertently Omitited from Matls Filed W/Brief.Certificte of Svc Encl

ML20207S615
Person / Time
Site:	Seabrook
Issue date:	03/16/1987
From:	Bisbee G NEW HAMPSHIRE, STATE OF
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#187-2830 OL, NUDOCS 8703200098
Download: ML20207S615 (11)

Text

-_ _ ___________________ _______-_______________________ ___ _

. 2 830 Arx0NtVGENERAL CH)K AMISTANT AmRNEWGENERAI.

NTF. PHEN E. MF RRILL THE STATE OF NEW HAMPSHIRE ROBERT P CHENEY,Jr.

GEORGE DANA BISBEE DEPT lTY AT1URNEY GENERAL PETER G. RF.ESON ASS!$ TANT AT1DRNEYM GENERAL ASNOCIATE ATTURNEWGENERAI. LESI,lE J 11tYTKE BRf AN T TUCKER JEREMY F. KOR/.ENIK JF.FFREY R. HOWARD h I EMILY S. BERNHEIM

! GEOFFREY M. HUNTING 1DN INVESTIGA1DR t CHRl810PHERT DOM 1AN THE ATII)RNEYGENERAL {^3"^%%)o,o,,,tsy ENVIRONMENTAL PROTECTION BUREAU STATE HOUSE ANNEX 8 ",' ' a:1 25 CAP 110L STREET .. T ' '*'

CONCORD NEWHAMPSHIRE033016397 ,

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$ 38 March 16, 1987

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Washington, DC 20555

-RE:

ADDENDUM TO THE PUBLIC SERVICES COMPANY OF NEW HAMPSHIRE, ET. ALS. (Seabrook Station, Unita 1 and 2)

NOS. 50-443-OL and 50-444-OL

Dear Sir:

Attached herewith are the copies of the sections of the New Hampshire Revised Statutes Annotated which were cited in the Brief of the State of New Hampshire in Response to Appeal of U.S. Senator Gordon J. Humphrey, and inadvertently omitted from the materials filed with the brief.

Resp,ctfully submitted, George Dana Bisb Senior Assistant Attorney General Environmental Protection Bureau GDB/mmp Attachment cc: Service List

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o CERTIFICATE OF SERVICE I, George Dana Bisbee, hereby certify that on the 16th day of March, 1987, I made service of the within sections of the New Hampshire Revised Statutes Annotated which were cited in the Brief of the State of New Hampshire In Response to Notice of Appeal of U.S. Senator Gordon J.

Humphrey by mailing copies thereof, postage prepaid, to:

Alan S. Rosenthal, Chairman Gary J. Edles Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Howard A. Wilber Atomic Safety and Licensing Appeal Atomic Safety and Licensing Board Panel Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commission Washington, D.C. 20555 Administrative Judge Helen Hoyt Administrative Judge Sheldon J.

Chairperson Wolfe, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Dr. Gustave A. Linenberger, Jr. Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Philip Ahrens, Esquire Thomas J. Dignan, Jr., Esquire Deputy Attorney General R. K. Gad, III, Esquire Department of the Attorney General Ropes & Gray State House Station 6 225 Franklin Street Boston, MA 02110 Augusta, ME 04333 Carol S. Sneider, Esquire Sherwin E. Turk, Esquire Assistant Attorney General Deputy Assistant Chief Department of the Attorney General Hearing Counsel One Ashburton Place, 19th Floor Office of the Executive Counsel Boston, MA 02108 Director U.S. Nuclear Regdlatory Commission Washington, DC 20555

e Ms. Diana P. Randall 70 Collins Street Seabrook, NH 03874 Robert A. Backus, Esquire Backus, Meyer & Solomon Diane Curran, Esquire 116 Lowell Street Harmon & Weiss P. O. Box 516 20001 S Street, N.W. Manchester, NH 03105 Suite 430 Washington, DC 20009 Chairperson Board of Selectmen Jane Doughty Town of South Hampton 5 Market Street East Kingston, NH 03827 Portsmouth, NH 03801 Paul McEachern, Esquire Matthew T. Brock, Esquire J. P. Nadeau, Esquire Shaines & McEachern Selectmen's Office 25 Maplewood Avenue 10 Central Road P. O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 Mr. Calvin A. Canney Ms. Roberta C. Pevear City Manager The Town of Hampton Falls City Hall Drinkwater Road 125 Daniel Street Hampton Falls, NH 03844 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Angie Machiros The Town of Kensington Chairman of the RFD 1, Box 1154 (Route 107) Board of Selectmen Kensington, NH 03827 Town of Newbury Newbury, MA 01950

, Senator Gordon J. Humphrey Mr. Richard E. Sullivan U.S. Senate Mayor .

Washington, DC 20510 City Hall (Attn: Tom Burack) Newburyport, MA 01950 Senator Gordon J. Humphrey William S. Lord 1 Pillsbury Street Board of Selectmen Concord, NH 03301 Town Hall (Attn: Herb Boynton) Friend Street Amesbury, MA 01913 Charles P. Graham, Esquire Judith H. Mizner, Esquire McKay, Murphy and Graham Silverglate, Gertner, Baker, b 100 Main Street Fine, Good, and Mizner Amesbury, MA 01913 88 Broad Street Boston, MA 02110

l 1

Mr. Thomas Powers Brentwood Board of Selectmen Town Manager RFD Dalton Road Town of Exeter Brentwood, NH 03833  ;

10 Front Street i Exeter, NH 03833 Gary W. Holmes, Esquire Holmes & Ells H. Joseph Flynn 47 Winnacunnet Road Assistant General Counsel Hampton, NH 03841 Office of General Counsel Federal Emergency Management Richard A. Hampe, Esquire Agency Hampe & McNicholas 500 C Street, S.W. 35 Pleasant Street Washington, DC 20472 Concord, NH 03301 Mr. Ed Thomas Mr. Robert Carrigg, Chairman FEMA, Region I Board of Selectmen John W. McCormack Post Office Town Office and Court House Atlantic Avenue Post Office Square North Hampton, NH 03862 Boston, MA 02109 ,

Y George' Dana Bisbse) '

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/ 21-L: 18 THE STATE AND ITS GOVERN 31ENT II. Provide comfortable and adequate space for the use of the appeals board in performing its official duties. ferred for th

• $ originany esta III. Prepare, maintain as a public record, and continuously update a IV, shall appl:

document which shall summarize the findings and decisions of the appeals [ ,, ment establist board. r s Source. 1985, 402:1, eff. July 1,1985.

Chief medict 21 L: 18 Status as Rehearing. An appeal under this section shall be Sh oYe*[*oy,*t[

considered a rehearing for purposes of RSA 541 and any other provision J $ organization of law requiring a rehearing in the department prior to taking an appeal b-r to any court.

D- 21-31: 1 }

Source. 1985, 402:1, eff. July 1,1985. - " highly skille the office of -

CHAPTER 21-31 ,

, pportunitiep ever-increasi.

i DEPARTMENT OF JUSTICE . such as cons 21 M:1 Findings; Intent.

. ' a steadily ris 21-M: 2 Establishment; General Fune- 21-M:9 Consumer Protection and Anti. assistance to trust Bureau. I . attorney gen tions. 21-M: 10 Environmental Protection Bu-

, 21-M: 3 Attorney General; Deputy; As- reau.

the functions

sociates

Assistants. supervision.

• 21-M: 11 Bureau of Civil Law.

21-M: 4 Compensation. 21-M: 12 Erninent Domain Bureau. S'"'C'- 1985 21-M : 5 Duties of the Attorney General. 21-M: 13 Unemployment Compensation.

21 M: 6 Division of Public Protection. 21-M: 14 Agency Attorneys. [ Repealed.]

S 21-M: 7 Division of Legal Counsel.  ; 21-31: 2 E 21-M : 15 Rulemaking.

21-M: 8 Criminal Justice Bureau. I Th " I8 Redesignation of chapter; revision of in- 1985, provided: "The transition procedure under the exei ternal references. RSA 21-M was originally to be followed in implementing the reor- II, The de; enacted as RSA 21-J by 1985, 300:1, but ganized department of justice established ' D8~Pwers and d was redesignated pursuant to 1985, 300:32, by this act shall be as specified in ten . t{. 1aw and shall in light of the enactment of RSA 21-J by laws of 1983, 372: 2, 372: 3, 372: 4, and .gr (a) Advi 1985, 204: 1, RSA 21-K by 1985,2G8:1 and 372: 5 [ set out in notes following the anal. - V agencies in all RSA 21-L by 1985, 402:1. All internal ysis for RSA 21-G] and RSA 21-G." /P (b) Supe references to RSA 21-J appearing in this .

chapter have been revised to refer to RSA -Appropriations. 1985, 300: C, provided: a tions.

21-M pursuant to 1985, 300:32, "All realignment of functions, reassign.  ?~.- (c) Enfo ment of personnel, and restructuring cf - i Reorganization of office of attorney gen- organizational units required by this a-

' eral as department of justice-Generally. shall be accomplished within the existing 5

4' the(d)state. Assi<

1935, 300: 2, eff. July 1,1985, provided: appropriations transferred from the agen. ,

the environme "L The organizational entity known as cies consolidated by this act to the depart- y Source. 1985, the office of the attorney general in exist- ment of justice." ,g ence prior to the effective date of this see- 1985, 300:33, IV, provided that 195 -

- , 21 31:3 At tion and the officials of that entity are 300: 6, was to take efTect on the date th-

'( hereby transferred to and vested in the department of justice established by t a "

• I. The attor attorney general appointed to head the act becomes operational on the date set I

. tion. He shall .

department of justice pursuant to this act. according to 1983, 372: 5, IL 1983, 372: *, y the practice of "1L The transfers provided for in this II, is set out as a note following the ana'- .

of education at 2

section shall become efTective on the date ysis for RSA 21-G. > '

set pursuant to the laws of 1983, 372: 5, Effect and duration of rules of agencies II. The atto II [ set out in a note following the anal- whose powers. duties, functions and e .

or appointme.

ysis for RSA 21-G]. Prior to that date sponsibilities have been transferred. Ire .- deputy attorne e

the existing department, and the oticials 41: 33, eff. May 1,198G, provided that RSA ""d th#"f of that department referred to in this 21-G:13, IV, which continues in effect tnn shall have beer i

section shall retain their full power and rules of an agency whose powers. dutics -qualified by rea i authority "

/ and functions have been transferred as the

-Procedure for implementation of re- rules of the department to which the pow- ,,III. The attt council, may al t

!- organization. 1985, 300: 3, eff. July 1, ers, duties and functions have been tran" appropriation 1 358 7 y

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g e DEPART 31ENT OF JUSTICE 21-31: 3

1. EE04b Sunset provisions. For provisions relat-

@ ferred forestablished originally the remainder under of the541-A:

RSA period 2, ing to review and renewal or termination

>usly update a g IV, shall apply to the rules of the depart- of state agencies and programs, see RSA of the appeals ment established by this chapter. 17-G: 5 and notes thereunder.

S k.

Cnoss REFERENCES Chief medical examiner, see RSA 611-A.

4 Legislative review of state programs and agencies generally, see RSA 17-G.

ection tl psha.ll )" .

Offices of attorney general and county attorneys generally, see RSA 7. t ifga Organization of executive branch generally, see RSA 21-G.

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21 31: 1 Findings; Intent. The general court finds that, despite the r; highly skilled work performed and the excellent reputation attained by P.

e the office of the attorney general over the years, there is a need for more opportunities for career advancement within the office. It further finds an f

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ever-increasing need for greater emphasis on newer fields of endeavor g

such as consumer protection and environmental protection, in addition to e a steadily rising demand on the office in the areas of criminal justice and ection and Anti. F assistance to other state departments. Further, the general court finds the 7 attorney general is in great need of assistance in the administration of Protection hu- d the func,tions of the oflice by the establishment of intermediate levels of supervision.

Law. ,

n Bureau. 'g Source. 1985, 300:1, eff July 1,1985. -

Compensation. 4

?r8- [ Repealed.) g 21-3f: 2 Establishment; General Functions.

Y I. There is established the department of justice, an agency of the state, "II n pr cedur"

. 7 under the executive direction of the attorney general. -

tg # 4 II. The department of justice, through its officials, shall have all the a powers and duties enumerated by statute and implied from the common fee es ljs$cl t <pechied in th, law and shall be responsible for the following general functions:

3, 372:4, and . (a) Advising and representing the state and its executive branch owing the anal- agencies in all civillegal matters.

, SA 21-G." (b) Supervising and conducting criminal investigations and prosecu-00: 6, provided: tions.

t ions, reassign-  : (c) Enforcing the various consumer protection and antitrust laws of

( structuring of '

the state.

this (d) Assisting and advising those agencies charged with protecting f om the t

' "En[,act

] the environment and enforcing the environmentallaws of the state. '

. to the depart- Source. 1985, 300:1, eff. July 1,1985.

led that 1985, 4 2131:3 Attorney General; Deputy; Associates; Assistants.

n the date the blished by the k I. The attorney general shall be appointed as provided by the constitu-t the date set I tion. IIe shall serve for a term of 4 years. IIe shall have been admitted to I. 1983, 372:5, & the practice of law in New IIampshire. Ile shall also be qualified by reason wing the anal- of education and experience.

7 4 II. The attorney general shall nominate the deputy attorney general es of agencle". l't for appointment by the governor, with the consent of the council. The tions and re deputy attorney general shall serve for a term to expire on 3Iarch 31,1987,

"~ and thereafter for a fixed term of 4 years. The deputy attorney general

ded t at R .

4 in effect the p shall have been admitted to,the practice,of law in New IIampshire and be -

,owers, duties qualified by reason of education and experience.

sterred as the III. The attorney general, subject to the approval of the governor and -

hich the pow. * -

council, may appoint assistant attorneys general within the limits of the e been trans- appropriation made for the appointments, each of whom shall hold oflice p 350 l

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i CILiPTER 7 .

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ATTORNEYS-GENERAL, DIRECTOR OF CIIARITAHLE TRI'STS, AND COUNTY ATTORNEYS ,

The Attorney-General 7:1 7:21 Definition of Charitable Trust.

Appointment. 7:22 Rules and Regulations. j i 7:2 Deputy Attorney-General; A p- 7: 23 Inspection of Register.

pointment.

. 7: 3 -Authority.

7:24 Investigation.

7: 4 Salary of Attorney-General and 7:25 Notice to Attend Investigation.

Deputy. 7: 26 -Penalty for Recalcitrancy.

7: 5 Offices. 7: 27 Testimonial Privilege.

i. .:6 7:28 Reports by Trustees of Charitable Powers and Duties as State's Trusts 7:G-a La Ln70r ement Manual. 7: 29 Informati om Register of

{

7: 6-b Certain Records of Telephone or Probate

.i Telegraph Company. 7:30 - Fees.

t i 7: 7 Opinions to Legislature. 7:31 Clerks.

I 7: 8 Advice to Departments; Supervi- 7:32 Federal Assistance.

sion. 7:32-a Directory.

j

7: 9 Direction by Governor. t

' 7:10 Direction by Public Utilities County Attorneys '

Commission. 7:33 Election; Vacancies. .

' 7: 11 Duties not Exclusive. 7: 33-a Assistant Attorney.

7: 12 Assistants. 7:34 Duties.

7:13 Transfer of Attorneys from Other 7:35 Salaries. <

l Departments. l 7: 35-a Cheshire County Attorney.

7: 14 Clerical Force. 7: 35-b Grafton County Attorney.

7: 14-a, 7: 14-b [ Repealed.] 7: 35-c Rockingham County Attorney.

7: 15 Incapacity. .

i  ! 7: 35-d Carroll County Attorney. I Assistant Attorneys-General 7: 35-e Belknap County Attorney.

! i l 7:16 Assistant Attorneys-General. 7:36 Expenses; Payment.

l i 7:17 Duties.

Reports

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! 7:37 Of Attorney-General.

Director of Charitable Trusts 7:38 Of County Attorneys.

} 7:19 Register Authorized. 7:39 -To County Commissioners.

4 t 7:20 Director of Charitable Trusts.

i HISTORY Revision note, In the chapter heading, See RSA 21: 27-a; also N.l!. Const. Pt. 2.

" county attorneys" was substituted for Art. 71.

• • solicitors" on authority of 1959, 12:1.

j The Attorney General Cross REFERENCES Dill drafting service, see RSA 17-A: 5.

l Commission on interstate cooperation, attorney-general as chairman, see RSA 19: 2.

j Commission to study uniform state laws, attorney-general as ex officio member. see RSA 18:1.

l Report, annual, by county attorneys, see RSA 30: 1-3, 5, 6. l l Temporary department head, appointment of, see RSA 4: 5.

l

! 7:1 Appointment. There shall be an attorney-general, to be appointed l by the governor and council in the manner provided by the constitution.

! i 234 l

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i ATTORNEYS-GENERAL, ETC.

7: 6

• IIis term of office shall be five years and until his successor is appointed

, and term.

qualified. Any vacancy in the ofIice shall be filled for the unexpired l

t. IIIsToRY Source. Const. II, 46. RS 13: 2. CS PL 16: 1. EL 24 : 1. 1943, 39: 6, etr.

• 13:1. GS 15:1. GL 16:1. PS 17: 1. 3! arch 3,1943. '

i

'"' 7:2 Deputy Attorney. General; Appointment. The governor and I l

council shall nominate and appoint a deputy attorney-general in the same table manner provided by the constitution for the appointment of the attorney- [

g general. He shall hold oflice for the term of five years. Any vacancy shall  ;

be filled for the unexpired term. He may be removed only in the manner provided by RSA 4: 1.

IIISToRY l

Source. EL 24:14, 1950, 5, part 5: 2, par.14, eft June 30, 1950 7: 3 -Aut hority. The deputy attorney-general shall act as attorney-general whenever the latter is absent or unable to act from any cause, provided he shall not so act when the governor and council have appointed i

an acting attorney-general in accordance with the provisions of section 15 of this chapter. ,

IIISToRY Source. PS 28G: 13. 1911, 190:8. 20:1. RL 24: 4. 1950, 5, part 5: 1.1953, 1921, 118: 1. 1925,181: 1. PL 16: 4. 1911, 265: 1, eft July 1,1953.

7:4 Salary of Attorney. General and Deputy. The annual salary of the attorney-general and of the deputy attorney-general shall be as orovided in RSA 94: 1-4.

IllSToRY Source. PS 286:13. 1911, 190:8. 1941, 20:1. RL 21:1. 1950, 5, patt 5: 4.

1921, 118: 1. 1925, 181:1. PL 16: 4. i

2. 1953, 265:1, etL July 1,1953.

7 : .5 Ollices.

The oflices of the attorney-general, the deputy attorney-general, the assistant attorneys-general shall be in Concord and each shall have been admitted to the practice of law in New Hampshire.

l IIIstoRY

'! Source. PS 286:13 1911, 190: 8. 1921, 20: 1. RL 24:1. 1950, 5, part 5: 4. eff.

118: 1. 1925, 181: 1. PL 16: 4. 1941, June 30,1950.

7: 6 Powers and Duties as State's Attorney. The attorney general shall act as attorney for the state in all criminal and civil causes in the supreme court in which the state is interested, and in the prosecution of I ted persons accused of crimes punishable with death or imprisonment for life '

'"- or for twenty-five years or more. He shall have and exercise general supervision of the criminal causes pending before the supreme and superior 235 t

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G-a TIIE STATE AND ITS GOVERN 31ENT l l courts of the state, and with the aid of the county attorneys of the several .

counties he shall enforce the criminal laws of the state.

I 1 HisToaY

! Source. RS 13: 2. CS 13: 2. GS 15: 2. Resision note. Reference to " solicitors" i i

l GL IG:2. 1881, 82: 1. PS 17: 4. 1911, was changed to " county attorneys" to con-l 100: 2,4. PL 16: 5. RL 21: 5. RSA 7: G. form reference to RSA 21: 27-a.

1959, 12:1, etL May 10, 1959.

ANNOTATIONS 1' g

Appearance for state, 2 Generally, 1 3 Cit ed, 4 Nolte prosequi, 3 I

i it Library references 2. Appearance for state '

f 3!

! Concurrent or conflicting powers of As it is the duty of the attorney  ;

! i prosecuting attorney and attorney-general general to act for the state in ecses in l .

as to bringing action of quo warranto. which it is interested, the governor and 3 131 ALR 1207; 153 ALR 899. council may not, in the ab.=ence of a 1 Dismissal of criminal proceedings on specific legislative authority, appropriate motion of attorney general. 66 ALR money from the state treasury to be used 1378. in defraying the expense of such litiga- I i Power of attorney-general as to com- tion. Opinion of the Justices (1910) 75 t g promise and settlement or dismissal of NH 621, 75 A 99. a

, suit. 81 ALR 124. It is within the powers of the attorney ,

Prohibition as means of controlling general to appear on behalf of a state (

attorney-general.115 ALR 3; 159 ALR trooper charged with operating his car in (

627. excess of speed limits in apprehending Propriety and prejudicial ef7ect of a motorist. State v. Swift (1958) 101 NII i l '

, prosecuting attorney's arguing new matter 310,143 A2d 114. t l or points in his closing summation in An appearance by the attorney-general

criminal case. 2G ALR3d 1409. on behalf of a state omeial is not a waiver j Right of attorney-general to represent of the state's immunity from suit. Dow

or serve administrative omeer or body, to v. Plummer (1918) 79 NH 23. los A 35. '

exclusion of attorney employed by such 3. Nolle prosequi omeer or body.137 ALR 818. o j >

Right or duty of attorney-general to The authority of the Attorney General l

" intervene in civil suits.163 ALR 1346. t enter a nolle prosequi in advance of '

Suit by attorney-general to enforce or al is nrmly ntabilshed and is not restricted by statute or rule of court.  !

administer charitable trust. 62 ALR 881*,

124 ALR 1237. State v. Coolidge (1969) 100 NH 420, ,

Attorney General Cm 1 et veq. 2 A d M3.

• States C= 73. The attorney general, by appearing in a <

i CJS Attorney General 1 et seq. criminal prosecution on behalf of a  !

i CJS States } 60 et seq. defendant state employee, abandons his power to enter a nolle pro < equi. State ex a;

1. Generally r rel. Brown v. Knowlton (1959) 102 NH This section authorizes the attorney 221,152 A2d 624. d ['

general to control the conduct of criminal t1 prosecutions by county attorneys. Wyman 4. Cited e v.

116.

Danais (1958) 101 NH 487.147 A2d Cited in Fletcher v. Merrimack County (1901) 71 NH 96, 51 A 27L 7: 6-a Law Enforcement 31anual. Under the direction of the attorney 2I

, general there shall be prepared and distributed from time to time a law  :

j enforcement manual. This manual shall contain interpretations of law l.I pertaining to the duties of peace officers, law of arrest, admissibility of l

, evidence, trial procedure and such other material as the attorney general deems necessary. This manual shall be for distribution to such law [

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ATTORNEYS-GENERAL, ETC. 7: S eral enforcement oflicials as the attorney general may determine upon the payment of such price therefor as determined by the attorney general.

litsTORY ors" con- Source. 1957, 205: 1, efr. July 1,1957.

7: G-b Certain Itecords of Telephone or Telegraph Company. Every public utility owning, operating or managing any plant or equipment or any part of the same for the conveyance of telephone or telegraph messages as defined in RSA 3G2: 2, upon the written demand of the attorney general that he has reasonable grounds for belief that the service furnished to a person or to a location by such public utility has been, is rney being, or may be used for an unlawful purpose, shall furnish to the

'5j attorney general the names and addresses of persons to whom stated p

ea telephone numbers are assigned, the names, addresses and telephone riste numbers of persons to whom unlisted telephone service is furnished and 5 {

jg',4 any other records in the possession of such public utility relating to the 3 75 service furnished to such person or location. No such public utility nor any agent, servant or employee thereof, shall be civilly or criminally responsible

.rneY or liable for furnishing or delivering any records or information in fr compliance with said demand and the attorney general shall not disclose any iding Nil information obtained as a result of said demand except as it is essential to the proper discharge of his duties.

1eral IllSToRY

} Source. 1969, 298: 1, eff. June 30, 1909.

\ 35-7:7 Opinions to Legislature. He shall, when required by either branch

• *I of the general court, give his opinion upon any question of law submitted to him therefrom.

not IIISTORY ourt.

Sou rce. 1911, 190:1. PL 1G: 7. RL 420' 21: G.

In a I 7: 8 Advice to Departments; Supervision. IIe shall, when requested, hi advise any state board, commission, agent or officer as to questions of law e ex relating to the performance of their official duties, and he shall, under the Nil direction of the governor and council, exercise a general supervision over the state departments, commissions, boards, bureaus, and oflicers, to the end that they perform their duties according to law.

'"" Y IIIstoRY Sou rce. 1911, 190: 1. PL 10: 8. RL rney 24: 7.

law ANNOTAT!oNS law 1. Power of governor and council under this section and departmental y of The power of the attorney general to expenditures are subject to the approval Wral exercise general supervision over state of the governor and council under RSA departments to the end that they perform 4: 15. Barry v. King (1905) 100 NI! 279, law their duties according to law is subject to 210 A2d 161.

the direction of the governor and council 237

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7: 9 i

i TIIE STATE AND ITS GOVERNMENT l

Under above section, the Governor and

. Council were entitled to an opinion from State of Maine on citizens of New Ilamp.

, the Attorney General as to the validity of shire employed at the Portsmouth Navy a personal income tax imposed by the Yard. Opinion of the Justices (1969) 110 Nil 26,259 A2d 660.

7: 9 Direction by Governor.

k action or proceeding, wherever pending, represent to the attorne

. that he should appear to protect the interests of the state or of the people ,

and thereupon it shall be his duty to appear. ,

IIISTORY

. I Source. 1911. 190:1. PL 16: 9.

24:8. RL A NNOTATIONS

1. Generally I 2. Effect of opinion

' Duty to enforce obligation due the state j

properly devolves on executive branch in While the Attorney General has sole the first instance and the governor and responsibility of formulating his legal council may therefore determine whether opinions any action which the Governor i

' it is reasonable and practical to direct pr.d Council might determine to take for I attorney general to take such action as the protection of the interests of the state circumstances warrant to recover over- or of the people in regard to the imposi- '

payments made to public omefals. Opinion tion of a personal income tax by the State '

l > of the Justices (1961) 103 Nlt 508,175 of Maine on citizens of New 1(ampshire A2d 396. employed at the Portsmouth Navy Yant i

i will not be concluded by his opinion.

Opinion of the Justices (1963) 110 Nil 26, 259 A2d (10.

5 7: 10 Direction by Public Utilities Commission. The public utilities commission may, in any action or proceeding before it, represent to the of the state or of any subdivision thereof, and thereupo duty to appear.

• 1 IllSTORY Source. 1929, 144:1. RL 21: 9.

I I

7: 11 Duties not Exchtsive. Nothing herein contained shall relieve any officer or person of any duty prescribed by law relative to the enforce-ment of any criminal law, but such omeer or person, in the enforcen.ent of such law, shall be sub.iect to the control of the attorney-general whenever in the discretion of the latter he shall see fit to exercise the same .

IllSTORY Source. 1911, 190:D. PL 16:10 RL '

21:10.

' ANNOTATIONS I

l. Supersimary powers

"; by county attorneys in cases where he The effect of this and other pertinent dee ms it to be in the public in t e re 4 t.

sectionsgeneral attorney of thispower chapter in to give to control. directthe I17 Wyman A2d 116 v. Danais (10M) 101 Nil 187, and supervise criminal law enforcement 7:12 Assistants. T attorney-general may employ counsel, attorneys,With the approval of th detectives, experts,

! 238 f b"~~I

. Y iF 6d

'm p~nm Ah b

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