Cited by
Opinions in New Hampshire that cite Hamby v. Adams, 376 A.2d 519.
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Appeal of Stanton
805 A.2d 419
N.H. 2002
Nevertheless, an agency’s interpretation will not be given deference if it is contrary to the express statutory language.
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Snedeker v. Snedeker
749 A.2d 315
N.H. 2000
Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977) (long-standing practical and plausible interpretation of statute *23 without legislative interference constitutes evidence that administrative construction conforms to legislative intent).
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Appeal of Public Service Co.
676 A.2d 101
N.H. 1996
We note that the legislature has had ample opportunity to modify RSA 374:26 if it disagreed with the commission’s interpretation of its franchising authority in Parker and AT&T. That it has not done so is evidence that “the administrative construction conforms to the legislative intent.” Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977).
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Appeal of Milton School District
625 A.2d 1056
N.H. 1993
“We have held that where a statute is of doubtful meaning, the long-standing practical and plausible interpretation applied by the agency responsible for its implementation, without any interference by the legislature, is evidence that the administrative construction conforms to the legislative intent.” Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977).
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Chambers v. Geiger
573 A.2d 1356
N.H. 1990
Assoc’s of N.E., 131 N.H. 560, 565-66, 556 A.2d 1183, 1187 (1989); N.H. Retirement System v. Sununu, 126 N.H. 104, 109, 489 A.2d 615, 619 (1985); Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977).
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Appeal of Rehabilitation Associates of New England
556 A.2d 1183
N.H. 1989
Social Security Board v. Nierotko, 327 U.S. 358, 369 (1946); see also Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977) (even longstanding administrative interpretation of statute not controlling if contrary to express statutory language).
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Appeal of Westwick
546 A.2d 1051
N.H. 1988
v. State, supra at 569, 503 A.2d at 832 (quoting Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1971)).
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Catholic Medical Center v. Elliot Hospital
543 A.2d 901
N.H. 1988
“[T]he construction of a statute by those charged with its administration is entitled to substantial deference.” Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977); N.H. Retirement System v. Sununu, 126 N.H. 104, 108, 489 A.2d 615, 618 (1985).
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State Employees' Ass'n of New Hampshire, Inc. v. State
503 A.2d 829
N.H. 1986
On this factual basis, the plaintiffs urge us to apply the rule that “where a statute is of doubtful meaning, the long-standing practical and plausible interpretation applied by the agency responsible for its implementation, without any interference by the legislature, is evidence that the administrative construction conforms to the legislative intent.” Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977) (citations omitted).
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In re Richard M.
497 A.2d 1200
N.H. 1985
where, as here, the agency’s interpretation is in clear conflict with the express statutory language.” Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977).
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Appeal of Town of Hampton Falls
498 A.2d 304
N.H. 1985
Accordingly, the WSPCC’s interpretations of the terms of RSA 72:12-a (Supp. 1983) are entitled to great deference, unless an interpretation is in clear conflict with the express statutory language.
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Woodman v. Cunningham
493 A.2d 1167
N.H. 1985
“We have held that where a statute is of doubtful meaning, the long-standing practical and plausible interpretation applied by the agency responsible for its implementation, without any interfer *484 ence by the legislature, is evidence that the administrative construction conforms to the legislative intent.” Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977).
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New Hampshire Retirement System v. Sununu
489 A.2d 615
N.H. 1985
Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977); Upson v. Board of Trustees, 124 N.H. 787, 474 A.2d 582 (1984); United States v. Rutherford, 442 U.S. 544, 553 (1979); Clark v. Helms, 576 F. Supp. 1095, 1100 (D.N.H.
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Upson v. Board of Trustees of New Hampshire Retirement System
474 A.2d 582
N.H. 1984
The fact that the board has maintained its interpretation consistently over a period of years is irrelevant “where, as here, the agency’s interpretation is in clear conflict with the express statutory language.” Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977).
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State v. Decato
415 A.2d 327
N.H. 1980
Hamby v. Adams, 117 N.H. 606, 609, 376 A.2d 519, 521 (1977); Farrelly v. Timberlane Regional School Dist., 114 N.H. 560, 564, 324 A.2d 723, 726 (1974).
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Spaulding & Frost Co. v. State
397 A.2d 1039
N.H. 1979
The quarterly payment schedule was established by administrative regulation, not statute, and we have no basis for presuming that the legislature had such a schedule in mind when it spoke of “timely” payment.
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Corson v. Brown Products, Inc.
397 A.2d 640
N.H. 1979
Naum v. Naum, 101 N.H. 367, 369, 143 A.2d 424, 426 (1958); Hamby v. Adams, 117 N.H. 606, 610, 376 A.2d 519, 522 (1977).