New Hampshire Administrative Code

The rules in this chapter shall apply to any adjudicative proceeding conducted by the board with respect to complaints filed pursuant to RSA 205-A:27. Notes N.H. Admin. Code § Man 201.02 #6061, INTERIM, eff 7-13-95, EXPIRES 1-9-96; ss by #6162, eff 1-4-96, EXPIRED 1-4-04 New. #80…

(a) "Adjudicative proceeding" means "adjudicative proceeding" as defined in RSA 541-A: 1, I., namely "the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A: 36," unless specifically inconsistent with the provisions of 205-A:25-31. (b) "Ag…

(a) At least 5 days prior to filing a complaint, the potential complainant shall, inwriting,notify the party against whom the complaint may be filed of the condition which would constitute the basis for the complaint. The potential complainant shall make a good faith attempt to r…

(a) Upon receipt of the Section I -Complaint and Section II- Response from the complainant, the respondent shall:(1) Complete the Section II - Response and file the same with the board within 14 days of receipt; and (2) On the same day of filing with the board,mail or deliver one…

(a) Upon receipt of a complaint the board shall review the complaint to determine that all requirements of RSA 205-A:27 have been satisfied and that a claim has been set out upon which the board can act. (b) If the board determines the complaint meets the requirements of Man 203.…

(a) All hearings shall be conducted before a majority of the board. The chairperson, or in his or her absence or unavailability, the vice-chairperson, shall serve as presiding officer. (b) A presiding officer shall as necessary: (1) Arrange for a mediator to resolve disputes info…

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

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…

(a) All communications to the board shall be addressed to the board clerk or his/her designee and not to the presiding officer or any individual board member. (b) All requests for an order or ruling shall be made by motion in accordance with Man 207 Notes N.H. Admin. Code § Man 2…

All written 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 t…

(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 complaints, responses, 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 issu…

(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 board, 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 objection to such m…

A hearing shall be commenced by an order of the board by giving notice to the parties as required by Man 208.03. Notes N.H. Admin. Code § Man 208.01 #8286-A, eff 2-16-05

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 § Man 208.02 #8286-A, eff 2-16-05

(a) A notice of a hearing issued by the board 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 is to be held; (3) A reference to the part…

(a) A party or the party's representative shall file an appearance that includes the following information:(1) A brief identification of the matter by name and docket number, if known; (2) A statement as to whether or not the representative is an attorney, and if so, whether the …

(a) An attorney or agent may withdraw by filing a withdrawal-of-appearance motion with the board, and providing copies to the client and all other parties. The withdrawal motion shall include the party's current address and phone number. (b) The motion to withdraw appearance shal…

Parties, attorneys and agents shall conduct themselves in a truthful and respectful manner in all of their dealings with the board and other parties, attorneys and agents. Notes N.H. Admin. Code § Man 208.06 #8286-A, eff 2-16-05

(a) If the property subject to a proceeding is conveyed while an action is pending, the original party shall continue to be a party, unless the board, on its own motion or upon a motion by the original party and after notice, directs the person to whom the interest has been trans…

Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing 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 …

(a) Any party to a hearing may make an oral or written motion for a continuance requesting that a hearing be postponed to a later date or time. (b) Requests to continue a hearing shall: (1) Be filed no later than 14 days prior to the date of the hearing as set forth in the hearin…

If any party to whom notice has been given in accordance with Man 208.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and shall either: (a) Dismiss the case, if the party with the burden of proof fails to appear; or (b) Rule that the …

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

(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 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing if such …

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 nine copies of each document or exhibit. No…

(a) The board shall record the hearing by electronic media that will provide a verbatim record. The board secretary shall also record written minutes of all board meetings. The electronic record along with the minutes shall be the official record of the board. (b) If any person r…

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 § Man 210.02 #8286-A, eff 2-16-05

(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 ord…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33 and RSA 205-A:27, IV (c). (b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitiou…

(a) Any party may submit proposed findings of fact and conclusions of law and memorandum of law to the board before the close of a 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 …

(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 Man 210.07. (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) The complainant may withdraw a case by filing a written case withdrawal. The complainant shall provide the opposing party with a copy of the withdrawal. (b) The withdrawal shall be accepted and the matter marked "withdrawn; no further action." (c) A withdrawal shall terminate…

(a) Settlements between the parties shall be encouraged in accordance with RSA 541-A:38. Parties shall attempt to settle a matter before it is scheduled for a hearing and may settle a matter at any stage of the proceedings before the board. (b) All settlement agreements, except t…

(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…

(a) A motion for rehearing shall be filed within 30 days of the date of a 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 error…

(a) A motion for rehearing in a case subject to appeal under RSA 205-A:28, II shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable. (b) A motion for rehearing in a case subject to appeal to the superior court shall be granted if it dem…

The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration at the next scheduled board meeting after receipt of the motion for rehearing. Notes N.H. Admin. Code § Man 211.03 #8286-A, eff 2-16-05; ss by #10312, eff 4-13-13…

Any person aggrieved by the board's decision to deny a rehearing or by the board's decision after rehearing may appeal to the Superior Court in accordance with RSA 205-A:28, II and the procedures set forth in RSA 677:2 through RSA 677:14. Notes N.H. Admin. Code § Man 211.04 #8286…

(a) Any person may seek the adoption, amendment or repeal of a rule by submitting to the board a petition pursuant to RSA 541-A:4. (b) Each petition for rulemaking shall contain:(1) The name and address of the individual petitioner or, if the request is that of an organization or…

(a) The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision. (b) The board shall grant the petition for rulemaking if the adoption, amendment or repeal …

The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Man 213.01 #8286-A, eff 2-16-05

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Man 213.03. (b) People who wish to testify shall be asked to write on the speaker's list:(1) Their full names and addresses; and (2) The …

The board's chair or other person designated by the board to preside over a hearing shall: (a) Refuse to recognize for speaking or revoke the recognition of any person who: (1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant to the proposed …

Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward: (a) Limitation of the number of media representatives when their number together with the number of memb…