Cited by

Opinions in New Hampshire that cite Hamby v. Adams, 376 A.2d 519.

17 citing documents.

  • 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.
  • 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).
  • 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).
  • 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).
  • 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).
  • 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).
  • 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)).
  • 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).
  • 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).
  • 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).
  • 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.
  • 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).
  • 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.
  • 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).
  • 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).
  • 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.
  • 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).