New Hampshire Administrative Code

The council consists of 6 members appointed pursuant to, and meeting the eligibility requirements of, RSA 326-D:3, I. Notes N.H. Admin. Code § Mid 103.01 #7412, eff 12-5-00

The council's responsibilities include, but are not limited to: (a) Establishing qualifications for certification to practice midwifery, renewal of certification and recertification after lapse of certification; (b) Issuing certificates to practice midwifery; (c) Establishing fee…

(a) Pursuant to RSA 326-D:3, IV the council shall meet no fewer than 4 times a year and at such additional times as the council chair or a majority of the council members shall designate. (b) Pursuant to RSA 326-D:3, IV the quorum required for council meetings is 4 members. Notes…

(a) A council member shall not be eligible to vote on, or participate in the council's deliberations about, matters pertaining to: (1) The member's own application for initial or renewal certification or recertification; and (2) Any matter in which the member has a personal, prof…

Pursuant to RSA 91-A:2, II, members of the public may attend and record council meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3. Notes N.H. Admin. Code § Mid 103.05 #7412, eff 12-5-00

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

(a) Minutes shall be kept of council meetings and of official actions taken by the council. (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 § Mid 10…

(a) The council's office location and mailing address is: NH Midwifery Council Philbrook Building 121 South Fruit Street Concord, NH 03301 (b) The council's telephone number is (603) 271-0602. (c) Access for TTY users is through Relay New Hampshire by calling 711. Notes N.H. Admi…

(a) Persons wishing to make submissions to, or requests of, the council may mail a letter to the address stated in Mid 104.01(a), call the number stated in Mid 104.01(b) or communicate by TTY using the number stated in Mid 104.01(c). (b) Persons seeking information from the counc…

(a) Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the council, 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 the…

(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." (b) "Appearance" means a written notification to the council that a party, an…

The council shall resolve by agreement or by a decision all disputes about non-criminal matters within the scope of RSA 326-D and the administrative rules implementing that statute. Notes N.H. Admin. Code § Mid 202.01 #8842, eff 3-13-07

Mid 204-Mid 213 shall be construed to secure the just, accurate and efficient resolution of all disputes. Notes N.H. Admin. Code § Mid 202.02 #8842, eff 3-13-07

Any person having a dispute with the council 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 requires…

(a) Individuals wishing to complain of misconduct by a midwife certified by the council shall submit to the council a written complaint including the information described in (b) below. (b) The complaint shall include: (1) The name and address of the complainant; (2) If the compl…

(a) Hearings shall be conducted by a presiding officer designated by the council. (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 an…

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

The presiding officer, upon the motion of any party or intervenor, or on his or her own initiative, shall suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver: (a) Appears to be lawful; and (b) Is more likely to promote the just, ac…

(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) 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 council on the date of receipt, as ev…

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

(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) An adjudicative proceeding shall be commenced by: (1) An order of the council giving the parties the notice specified in (b) below; and (2) In the case of a proceeding relating to the council's emergency suspension of a certificate, the notice specified in (b) below together …

(a) Upon a finding that public health, safety or welfare requires emergency action, the council shall immediately and prior to a hearing suspend a certificate by issuing a written order of suspension incorporating the finding. (b) The council shall commence a hearing no later tha…

(a) An appearance shall be filed by:(1) Each party or the party's representative, if any; and (2) Each intervenor or the intervenor's representative, if any. (b) The appearance shall contain the following information:(1) The docket number assigned by the council or a brief identi…

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

(a) Except in the circumstances described in (b) below, the presiding officer shall record the hearing electronically or any by any other method that will provide a verbatim record. (b) A hearing on the immediate suspension of a license pursuant to RSA 541-A:30, III shall be reco…

(a) Petitions for intervention shall:(1) Describe in writing the petitioner's interest in the subject matter of the proceedings; (2) Be submitted to the presiding officer; and (3) Be mailed in copy form to all parties identified in the notice commencing the hearing. (b) A petitio…

(a) Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted. (b) Notwithstanding the provisions of this chapter, an intervenor's right to participate in an adjudicative proceeding shall be subject to …

(a) Complainants complying with Mid 203.01 shall have no role in any hearing other than that of witness unless they petition for, and are granted, the right to intervene. (b) Unless called as witnesses, council staff shall have no role in any hearing. Notes N.H. Admin. Code § Mid…

(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 a delay or continuance would assist in resolving the …

(a) The case shall be dismissed if the party having the overall burden of proof:(1) Has been given notice in accordance with Mid 208.01; and (2) Fails to attend the hearing, unless the party's failure to attend results from circumstances beyond the party's control. (b) If the par…

(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 containing the names of the witnesses, their addresses and their telephone numbers; (b) Brief summaries of t…

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 § Mid 212.01 #8842, eff 3-13-07

(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 rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the council. (c) All documents, materials and objects offered as exhibits shall be adm…

(a) Any party or intervenor may submit proposed findings of fact and rulings of law. (b) The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when:(1) Any part…

After the conclusion of the hearing and the filing of such post-hearing submissions as may be ordered by the presiding officer, the record shall be closed and no additional evidence shall be received into the record except as allowed by Mid 212.06. Notes N.H. Admin. Code § Mid 21…

(a) If no written proposal for decision pursuant to Mid 212.07(d) or decision pursuant to Mid 212.07(a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence or claims of law. (b) A motion pursuant to (a) abov…

(a) The council shall issue a decision or order, whether or not the record has been reopened pursuant Mid 212.06, based on: (1) A hearing attended by a quorum of the council; (2) A written proposal for disposition meeting the requirements of paragraph (d) below; or (3) A hearing …

(a) Within 30 days of a decision or order any party or person directly affected may request rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying: (1) The issues to be considered at the rehearing; and (2…

(a) Any midwife who has a dispute with the council shall have the opportunity at any time to reach an agreement to settle some or all of the issues if: (1) There is no dispute about the material facts underlying the issues to be settled; and (2) The dispute relates to a complaint…

(a) Any person may seek the adoption, amendment or repeal of a rule by submitting to the council 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 …

(a) The council 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 council shall grant the petition for rulemaking if the adoption, amendment or rep…