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1990 New Hampshire Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagnh0013 and id is 1 raw text is: API RNEYGEVERAL          THE STATE OF NEW HAMPSHIRE   4E.lan TAs.rai
.0l1N 1 ARNOLD                                         ThVEN M HOURAN
)EPLTY ATTORNEY GENERAL                                ASI T  T ATX itEY  N
BRIAN. TUCKER                                         I.E:IA.J LLDTKE
JEREMY F. KORZLNX
ASSOCIATE AT'ORNEYSGENERAL                             KM ILY S, RERNHEIM
ROBERT P CHENEY.R.                                     J;E FFP.EY.M IItNTIXI;T' N
GEORGE DANA BISBEE                                      1AIES It IIIoTMAN
AN NE E ItENNE R
F.I.I.EN F .MCAVI.
THE ATTORNEY GENERAL        PARALEGA.
ENVIRONMENTAL PROTECTION BUREAC  MAIWIAA 11 TI NJ:u ;
STATE HOUSE ANNEX
2.5CAPITOL STREET
CONCOMRD NEW 14AMPHIP E h:1:01 1397
T TYTI II Iiy 1-12I.'    ~
February 2, 1990
Robert W. Varney, Commissioner
New Hampshire Department of
Environmental Services
6 Hazen Drive
Concord, New Hampshire 03301
Re: Request for Opinion
Water Well Board
Application and Examination Fees
Dear Commissioner Varney:
By memorandum dated January 9, 1,990, you have requested this
office's opinion as to whether imposition of initial application
and examination fees for water well contractors and pump installers
under We 301.02(a) and (b) of the Water Well Board rules is within
the Board's statutory authority. This office is of the opinion
that imposition of such fees is not within the Board's authority.
RSA 82-B:4,VI authorizes the Board to adopt rules for [Lhe
establishment of all fees required under the chapter at rates which
will make the board self-supporting (emphasis added). While this
provision empowers the Board to determine at what level statutory
fees should be set, it does not authorize the Board to institute
fees not established in the statute, The only fees established in
the statute are those for the annual water well contractor or pump
installer license. There is no mention of fees for a first-time
license or for the required examination.

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