Hynes v. Hale, 146 N.H. 533 (2001)

Citation: Hynes v. Hale, 146 N.H. 533 (2001)
Parent Document: Hynes v. Hale, 146 N.H. 533 (2001)
Jurisdiction: New Hampshire (state)
Effective Date: 2001-06-22
Original Source: https://www.courtlistener.com/opinion/8092344/hynes-v-hale/ ↗

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Moreover, unlike the administrative bodies at issue in Smith Insurance, Inc. and Opinion of the Justices, the board is empowered only to decide claims arising under statutes governing manufactured housing park rules. See RSA 205-A:27. Granting an administrative body authority “to resolve factual disputes underlying a purely statutory right” violates no constitutional command. See McKay, 143 N.H. at 727. By contrast, the administrative bodies at issue in Smith Insurance, Inc. and Opinion of the Justices were authorized to hear common law claims. See Smith Insurance, Inc., 120 N.H. at 862 (Grievance Committee heard common law claims related to termination of agency agreements); Opinion of the Justices, 87 N.H. 492 (proposed legislation would empower commission to hear motor vehicle common law negligence claims); see also McKay, 143 N.H. at 728.

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