N.H. Admin. Code § Adm 812.01

Current through Register No. 44, October 31, 2024

Section Adm 812.01 - Expedited Procedures for Renewal of Rental Agreements

(a) An agency wishing to renew an existing rental agreement on an expedited basis may seek renewal of a rental agreement by submitting the following to the division:

(1) A writing which states:

a. That the agency wishes to continue the use of the rented premises;

b. That the lessor or licensor wishes to continue the rental of the premises to the agency;

c. That the agency and the lessor or licensor have tentatively agreed upon the terms of the renewal, including price;

d. Whether the period of the rental agreement, plus any options for extension would result in a tenancy for more than 5 years and, if so, whether, in accordance with RSA 4:39-b, the rental agreement has been submitted to the long range capital planning and utilization committee described at RSA 17-M for approval;

e. The source of the funding for the proposed extension; and

f. Whether the agency has investigated the availability of alternative space and, if so, the nature and result of that investigation;

(2) A copy of the proposed renewed rental agreement; and

(3) If required under the circumstances, a copy of:

a. Any approval for the renewed rental agreement issued by the long range capital planning and utilization committee described at RSA 17-M; or

b. If an approval by the long range capital planning and utilization committee is required but has not yet been obtained, a copy of any request for approval that has been submitted to the committee by the agency.

(b) Following submission of the materials specified in (a) above, the division's personnel managing rentals shall:

(1) Contact the agency to discuss the potential renewal;

(2) Provide such suggestions, guidance, and advice regarding the renewal as it believes is warranted under the circumstances;

(3) Attempt to confirm that the agency will have sufficient funds to cover the cost of the renewal;

(4) Attempt to confirm that any required approvals have been obtained from the long range capital planning and utilization committee described at RSA 17-M; and

(5) Make a written initial recommendation to the director as to whether renewal should be authorized, including in the writing the reasons for that recommendation.

(c) After reviewing the initial recommendation, the director shall issue a writing stating either:

(1) That the director concurs with the initial recommendation; or

(2) That the director does not concur with the initial recommendation, together with the reasons for that nonconcurrence.

(d) In the case of a rental renewal at no cost or for a cost which is equal to or greater than the governor and council approval threshold:

(1) The writing noted in paragraph (c) above, as well as the initial recommendation, shall be issued to the agency; and

(2) The agency shall include a copy of the writing noted in paragraph (c) above, as well as the initial recommendation, in any request for approval of the renewal that it makes to the governor and executive council.

(e) In the case of a rental agreement which is below the governor and council approval threshold:

(1) The writing noted in paragraph (c), as well as the initial recommendation, shall be issued to both the agency and the commissioner of administrative services; and

(2) The commissioner shall grant the agency's request for expedited renewal if the commissioner concludes that:

a. The agency and the lessor or licensor both wish the agency to continue the use of the premises;

b. Governor and council approval of the renewal is not required under the governor and council approval threshold;

c. The agency and the lessor or licensor have agreed on the terms of the renewal, including price;

d. A renewal in these circumstances would not be likely to meet with objection from the department of justice;

e. The renewal is written in a form which would be acceptable to the department of justice under Adm 808.01 or Adm 808.02;

f. The agency appears to have sufficient funding to finance the renewal;

g. Any required approval for the renewed rental agreement has been obtained from the long range capital planning and utilization committee described at RSA 17-M;

h. It is unlikely that utilization of the unexpedited procedures for leasing would result in the ability of the agency to obtain comparable property at a lower overall cost to the state; and

i. Allowance of the renewal in these circumstances is warranted under the standards set forth in Adm 804.01.

N.H. Admin. Code § Adm 812.01

Derived from Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 800).