New Hampshire Administrative Code

"Committee" means the committee on architectural barrier-free design established by RSA 275-C:11. Notes N.H. Admin. Code § Abfd 102.03 (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00 New. #7211, INTERIM, eff 3-1-00, EXPIRED: 6-29-00 New. #73…

"Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of such an impairment, or is regarded as having such an impairment, pursuant to RSA 275-C:10, III. Notes N.H. Admin. Code § Abfd 102.04…

(a) The committee is established by RSA 275-C:11 as a permanent committee of the governor's commission on disability. (b) The committee membership: (1) Consists of up to 11 people, a majority of whom are persons with disabilities who have demonstrated an understanding of and comm…

(a) The committee's primary responsibility is to establish, publish and enforce a code for barrier-free design which:(1) Covers buildings and facilities whose construction, rehabilitation, or substantial remodeling begins after a reasonable time following promulgation of the code…

(a) Pursuant to RSA 275-C:12 the committee shall meet not less than 6 times a year and at such additional times as the committee chair shall designate. (b) A quorum shall consist of a simple majority of members appointed. Notes N.H. Admin. Code § Abfd 103.03 (See Revision Note at…

Pursuant to RSA 91-A:2, II, members of the public may attend and record committee meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3. Notes N.H. Admin. Code § Abfd 103.04 (See Revision Note at chapter heading for Abfd 100) #5720…

(a) Notice of the time and place of committee meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II. (b) Information about the time and place of committee meetings shall also be available by telephone at the numbers stated in Abfd 104.01(b) and …

(a) Minutes shall be kept of committee meetings and of official actions taken by the committee. (b) Such minutes shall: (1) Record the members participating in each vote; and (2) Separately record the position of members who dissent, abstain or concur. Notes N.H. Admin. Code § Ab…

(a) The committee's office location and mailing address is: Architectural Barrier Free Design Committee c/o Governor's Commission on Disability 121 South Fruit Street, Suite 101 Concord, New Hampshire 03301-8518 (b) The committee's telephone number is (603) 271-2773. (c) The comm…

Persons wishing to correspond with the committee may do so by using the contact information as outlined in Abfd 104.01. Notes N.H. Admin. Code § Abfd 104.02 #7473, eff 4-5-01 Amended by Volume XXXIX Number 41, Filed October 10, 2019, Proposed by #12872, Effective 9/20/2019.…

(a) Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the committee, including meeting minutes, which are public records and not exempt from disclosure under RSA 91-A:5 or other applicable law. (b) Public records shall be inspected and copied at t…

(a) "Appearance" means a written notification to the committee that a party, an intervenor or the representative of a party or intervenor intends to actively participate in a hearing. (b) "Buildings and facilities" means "buildings and facilities" as defined in RSA 275-C:10, II, …

(a) The committee shall, through its staff, give informal technical advice and assistance in meeting the requirements of the code for barrier-free design and Abfd 300 when requested to do so by agencies, building owners, contractors, designers and others. (b) Such informal techni…

The committee shall resolve by agreement, decision after hearing or order of settlement all disputes about non-criminal matters within the scope of RSA 275-C:10-C:18 and the administrative rules implementing that statute. Notes N.H. Admin. Code § Abfd 203.01 (See Revision Note at…

Parts Abfd 204-Abfd 214 and Abfd 216 shall be construed to secure the just, accurate and efficient resolution of all disputes. Notes N.H. Admin. Code § Abfd 203.02 (See Revision Note at chapter heading for Abfd 100) #5720, eff 1-1-94, EXPIRED: 1-1-00 New. #7211, INTERIM, eff 3-1-…

Any person having a dispute with the committee shall be entitled to a hearing of the dispute if: (a) The legal rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and (b) Constitutional, statutory or case law requir…

Disputes between any person and the committee shall be resolved by: (a) Agreement pursuant to Abfd 217.01; (b) Formal settlement pursuant to Abfd 217.02; or (c) Decision after hearing made pursuant to Abfd 212.08. Notes N.H. Admin. Code § Abfd 203.04 (See Revision Note at chapter…

(a) Hearings shall be conducted by a presiding officer designated by the committee. (b) The presiding officer shall as necessary: (1) Regulate and control the course of the hearing; (2) Facilitate settlement of the dispute that is the subject of the hearing; (3) Administer oaths …

(a) Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any hearing for good cause. (b) Good cause shall exist if the presiding officer:(1) Has a direct interest in the outcome of the hearing, including but not l…

Unless called as witnesses, committee staff shall have no role in any hearing. Notes N.H. Admin. Code § Abfd 204.03 #7783, eff 10-26-02

The presiding officer, upon the motion of any party or intervenor or on his or her own initiative, shall upon prior notice to affected persons suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver: (a) Appears to be lawful; and (b) I…

(a) All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document. (b) All written documents governed by this chapter shall be rebuttably presumed to have been filed with the committee on the date of receipt, as …

(a) All correspondence, pleadings, motions or other documents filed shall: (1) Include the title and docket number of the case, if known; (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size; (3) Be signed by the proponent of the document, or, if the …

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to all other parties and intervenors. (b) All notices, orders, decisions or other documents issued by the presiding office…

(a) Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include…

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or based on information that was not received in time to prepare a written motion. (b) Oral motions and any oral objections to s…

(a) A hearing shall be commenced by an order of the committee giving the parties the notice specified in paragraph (b). (b) The hearing notice shall contain: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority under which the heari…

A party or intervenor or the representative of the party or intervenor shall file an appearance that includes the following information: (a) The docket number assigned by the committee or a brief identification of the case; (b) A statement as to whether or not the representative …

(a) A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the presiding officer if the presiding officer determines that to do so would facilitate the proceedings or encourage resolution of the dispute. (b) A prehearing confe…

(a) The presiding officer shall record the hearing by tape recording or other method that will provide a verbatim record. (b) If any person requests a transcript of the taped record, the committee shall cause a transcript to be prepared and, upon receipt of payment for the cost o…

(a) A non-party may seek to intervene pursuant to RSA 541-A:32 by filing a motion stating facts demonstrating that his or her rights or other substantial interests might be affected by the proceeding or that he or she qualifies as an intervenor under any provision of law. (b) If …

Notwithstanding the provisions of this chapter, an intervenor's right to participate in the proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III. Notes N.H. Admin. Code § Abfd 209.02 #7783, eff 10-26-02

(a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time. (b) A motion for a delay or a continuance shall be granted if the presiding officer determines that there is good cause to do so. (c) Good cause shall in…

If any party to whom notice has been given in accordance with Abfd 208.01 fails to attend the hearing, the presiding officer shall: (a) Declare that party to be in default; and (b) Dismiss the case if the party failing to appear has the overall burden of proof or hear the testimo…

(a) Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing. (b) When a dispute arises concerning a request for the voluntary production of information…

(a) Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such no…

At least 5 days before the hearing the parties and intervenors shall provide to the other parties and intervenors: (a) A list of all witnesses to be called at the hearing together with a brief summary of their testimony; (b) A list of all documents and exhibits to be offered as e…

The record of the hearing in a contested case shall be as set forth in RSA 541-A:31, VI. Notes N.H. Admin. Code § Abfd 212.01 #7783, eff 10-26-02

The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Abfd 212.02 #7783, eff 10-26-02

(a) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified. (b) Testimony on behalf of the parties shall b…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged. …

(a) Any party or intervenor may submit proposed findings of fact and conclusions of law to the presiding officer before or at the hearing. (b) The presiding officer shall require the submission of proposed findings of fact and conclusions of law and specify a date after the close…

After the conclusion of the hearing, the record shall be closed and no additional evidence shall be received into the record except as allowed by Abfd 212.07. Notes N.H. Admin. Code § Abfd 212.06 #7783, eff 10-26-02

(a) If no written proposal for decision pursuant to Abfd 212.08(c) or final decision pursuant to Abfd 212.08(a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence. (b) A motion pursuant to (a) above shall b…

(a) The committee shall make a final decision based on:(1) A hearing conducted by the committee; (2) A written proposal for decision meeting the requirements of paragraph (c); or (3) A hearing held pursuant to paragraph (d)(2). (b) A committee member shall not participate in the …

(a) Pursuant to RSA 275-C:15, II the committee shall receive, process and review a complaint from any person, including committee staff, alleging a violation of the code for barrier-free design by an owner, owner's agent or lessee in possession who is proposing, undertaking or ha…

If the committee's final decision after hearing is that there is a conflict between the code for barrier-free design and the proposed, ongoing or existing building's or facility's construction, rehabilitation or substantial remodeling, the committee shall, pursuant to RSA 275-C:1…