New Hampshire Administrative Code

Persons desiring copies or board records shall submit a request which identifies as particularly as possible the information being sought and agrees to pay the actual costs incurred by the board for the documents provided. If records are requested which contain both public and co…

Copies of a roster containing names, addresses, and assigned numbers of licensed land surveyors shall be furnished upon request. The fee shall be $10.00. Notes N.H. Admin. Code § Lan 104.03 #7547, eff 8-25-01

Regular meetings shall be held at least 4 times each year. Special meetings shall be called by order of the chairperson or secretary. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meet…

A quorum of the board shall consist of not less than 3 members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or secretary, the chair shall designate a pro tempore officer …

The board shall conduct its meetings in the following order: (a) Acceptance of the agenda; (b) Reading of the minutes; (c) Interviews/meetings; (d) Reading of communications; (e) Reading and consideration of applications; (f) Unfinished business; (g) New business; and (h) Adjourn…

Roberts Rules of Order, 9th edition dated 1990 shall govern the procedures of the board. Notes N.H. Admin. Code § Lan 105.04 #7547, eff 8-25-01

(a) When necessary to conduct the board's business in a timely and efficient manner, the board shall instruct its staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative d…

(a) A committee shall consist of one or more of board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board. (b) When expressly authorized by the board, the authority of a committee shall include: (…

The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees and others in…

(a) "Appearance" means a written notification to the board that a party or a party's representative intends to actively participate in a hearing. (b) "Hearing" means "adjudicative proceeding" as defined by RSA 541-A:1, I, namely, "the procedure to be followed in contested cases, …

(a) All hearings shall be conducted for the board by a natural person appointed or authorized to serve as a presiding officer. (b) A presiding officer shall as necessary: (1) Regulate and control the course of a hearing; (2) Facilitate an informal resolution acceptable to all par…

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause withdraw from any hearing. (b) Good cause shall exist if a presiding officer or board official:(1) Has a direct interest in the outcome of a proceeding,…

The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be…

All documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the norma…

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

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding. (b) All notices, orders, decisions or other documents issued by the pr…

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

(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 on the basis of information which was not received in time to prepare a written motion. (b) Oral motions and any oral objecti…

(a) The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions. Applications shall not be considered pleadings. (b) All petitions shall contain: (1) The name and address of the petitioner; (2) The name and address of the petitioner's repr…

A hearing shall be commenced by an order of the board giving notice to the parties at least 30 days prior to the hearing as required by Lan 207.03. Notes N.H. Admin. Code § Lan 207.01 #7548-A, eff 8-25-01

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board. Notes N.H. Admin. Code § Lan 207.02 #7548-A, eff 8-25-01

(a) A notice of a hearing issued by the board at least 30 days prior to the hearing and shall contain the information required by RSA 541-A:31, III, namely: (1) A statement of the time, place and nature of any hearing; (2) A statement of the legal authority under which a hearing …

(a) A party or the party's representative shall file an appearance that includes the following information:(1) A brief identification of the matter; (2) A statement as to whether or not the representative is an attorney; and (3) The party or representative's daytime address and t…

Any party may request, or the presiding officer shall schedule on his or her own initiative, a pre-hearing conference in accordance with RSA 541-A:31, V to consider: (a) Offers of settlement; (b) Simplification of the issues; (c) Stipulations or admissions as to issues of fact or…

Unless called as witnesses, board staff as defined in Lan 103.04 shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § Lan 208.01 #7548-A, eff 8-25-01

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § …

(a) A non-party may intervene in a matter pending before the board under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies a…

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time. (b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cau…

If any party to whom notice has been given in accordance with Lan 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and either: (a) Dismiss the case, if the party with the burden of proof fails to appear; or (b) Hear the testimony a…

(a) Each party shall attempt in good faith to completely and timely respond to requests for the voluntary production of information or documents relevant to the hearing. (b) When a dispute between parties arises concerning a request for the voluntary production of information or …

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing. (b) The…

At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit. Notes N…

(a) The board shall record the hearing by tape recording or other method that will provide a verbatim record except for a proceeding on emergency action shall be governed by RSA 541-A:30, III. (b) If any person requests a transcript of the taped record, the board shall cause a tr…

The party 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 § Lan 212.02 #7548-A, eff 8-25-01

(a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified. (b) Testimony shall be offered in the following or…

(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 may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing. (b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the is…

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) of this section and Lan 212.08. (b) Before the conclusion of the hearing, a party may request that the record be left o…

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previous…

(a) A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony. (b…

The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the board prior to appealing the decision. Notes N.H. Admin. Code § Lan 213.01 #7548-A, eff 8-25-01

The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction. Notes N.H. Admin. Code § Lan 213.02 #7548-A, eff 8-25-01

(a) A motion for rehearing shall be filed within 30 days of the date of the board decision or order. (b) A motion for rehearing shall:(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered; (2) Describe how each err…

A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable. Notes N.H. Admin. Code § Lan 213.04 #7548-A, eff 8-25-01

The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing. Notes N.H. Admin. Code § Lan 213.05 #7548-A, eff 8-25-01

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking. Notes N.H. Admin. Code § Lan 214.01 #7548-A, eff 8-25-01…

(a) These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings. (b) If any requirement set by these rules conflicts with an applicable statute suc…