New Hampshire Administrative Code

(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 alleging misconduct by a licensed or certified individual 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, board staff shall have no role in any hearing…

(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) A party shall be in default if the party: (1) Has the overall burden of proof; (2) Has been given notice in accordance with Ahp 209.01; and (3) Fails to attend the hearing. (b) If a party is in default under (a) above, the case shall be dismissed. (c) If a party who does not …

(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 20 days before the date scheduled for the hearing and in any event as soon as possible after receiving the notice of the heari…

At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors: (a) A list of witnesses intended to be called at the hearing; (b) A list of documents and exhibits intended to be offered as evidence at the hearing; and (c) A copy…

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 § Ahp 213.01 #7232, eff 4-15-00; ss by #8078, eff 5-1-04

(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 board. (c) All documents, materials and objects offered as exhibits shall be admit…

(a) Any party or intervenor may submit proposed findings of fact and conclusions 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…

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 Ahp 213.06. Notes N.H. Admin. Code § Ahp 21…

(a) If no written proposal for decision pursuant to Ahp 213.07(d) or decision pursuant to Ahp 213.07(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 board shall issue a decision or order, whether or not the record has been reopened pursuant to Ahp 213.06, based on:(1) A hearing attended by a quorum of the board; (2) A written proposal for disposition meeting the requirements of paragraph (c) below; or (3) A hearing he…

(a) Rehearing shall be before a quorum of the board. (b) Within 30 days of the board's decision or order pursuant to Ahp 213.07 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) Any licensee and governing board having a dispute over a disciplinary matter shall have the opportunity to settle some or all of the issues if there is no dispute between them about the material facts underlying the issues. (b) To be effective, an agreement to settle shall be…

(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 § Ahp 216.01 #8078, eff 5-1-04

(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 Ahp 216.03. (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…

(a) Public comment hearings shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing. (b) The chair or other person presiding over a hearing shall:(1) Call …

(a) Any individual or entity may request a declaratory ruling by the board if that individual or entity is directly affected by the applicable statuteor by any administrative rule. (b) A request for a declaratory ruling shall be in writing containing: (1) The name and address of …

(a) A request for a declaratory ruling shall be accompanied by: (1) A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested; (2) A statement of the facts believed to support the ruling being requested; and (3) Supplementary m…

(a) Within 30 days of receiving a request for a declaratory ruling the board shall advise the individual or entity requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented. (b) If additional information should be…

(a) When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts. (b) When the established facts show that the board lacks subject matter or personal jurisdi…

A declaratory ruling shall apply only to the board and to the individual or entity requesting it and shall be confined to the facts presented pursuant to Ahp 216.02(a)(2) through (a) (3) and in response to a request of the board made pursuant to Ahp 216.03(b). Notes N.H. Admin. C…

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including: (a) The name and address of the individual making the request; or (b) If the request is that of an organizatio…

The board shall, within 90 days of receiving a request in accordance with Ahp 218.01, provide a written response which: (a) Concisely states the meaning of the rule adopted; (b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and…

Any licensee wishing to surrender his or her license shall submit to the appropriate governing board a written statement of voluntary surrender of license. Notes N.H. Admin. Code § Ahp 219.01 #8079, eff 5-1-04; EXPIRED: 5-1-12 New. #10143-B, eff 6-7-12

(a) Except as set forth in (c) and (d) below, the submission of a written statement of voluntary surrender of license shall be accepted by the governing board and shall achieve the surrender of the license. (b) The surrender of a license in accordance with (a) above shall not dep…

A licensee who has voluntarily surrendered a license shall not practice the profession which the surrendered license previously entitled the licensee to practice unless the license has been reinstated or a new license has been issued pursuant to the rules of the appropriate gover…

This chapter sets forth the fees which shall be charged by the governing boards. The governing boards are individual licensing boards which regulate the following professions: (a) Athletic training; (b) Genetic counselors; (c) Occupational therapy; (d) Physical therapy; (e) Respi…

(a) The schedule of fees for licensure and for certification of Speech-language assistants shall be as follows: Type of Fee Fee Application processing fee for initial license $ 60.00 Application processing fee for initial certification $ 20.00 Initial license (with a document sui…

(a) The application form for initial licensure or certification shall be the "Application for Initial Licensure or Certification" form approved by the office of licensed allied health professionals board of directors on April 12, 2018. (b) The application form shall be provided b…

(a) The application form for reinstatement of licensure or certification shall be the "Application for Reinstatement of Licensure or Certification" approved by the office of licensed allied health professionals board of directors on April 12, 2018. (b) The application form shall …

(a) The application form for renewal of license or certification shall be the "Renewal Application" form approved by the office of licensed allied health professional board of directors on April 12, 2018. (b) The application form shall be provided by the board. (c) The applicatio…

(a) The application form for temporary licensure shall be the "Application for Temporary Initial Licensure" form approved by the office of licensed allied health professionals board of directors on April 1, 2019. (b) The application form shall be provided by the board. (c) Applic…

(a) The applicant shall provide a notarized signature on the following preprinted statement contained on the applicable form described in Ahp 601.01, Ahp 601.02, Ahp 601.03, and 601.04. "I acknowledge that knowingly making a false statement on this application form is a misdemean…

The effect of the applicant's notarized signature on any form shall be: (a) The applicant's acknowledgement that knowingly making a false statement on the application form is a misdemeanor under RSA 641:2, I; (b) The applicant's certification that: (1) The information provided on…

The effect of the applicant's notarized signature on any form shall be: (a) The applicant's acknowledgement that knowingly making a false statement on the application form is a misdemeanor under RSA 641:2, I; (b) The applicant's certification that: (1) The information provided on…

Notes N.H. Admin. Code § Ahp 602.01 Derived From Volume XXXIX Number 10, Filed March 7, 2019, Proposed by #12725, Effective 2/15/2019, Expires 2/15/2029. Reserved by Number 19, Filed May 11, 2023, Proposed by #13626, Effective 6/26/2023, Expires 6/26/2033.

These rules implement the statutory responsibilities of the board of licensing for alcohol and other drug use professionals. Their purpose is to protect and benefit the public through regulation of such professionals. Notes N.H. Admin. Code § Alc 101.01 #8169, eff 9-21-04; ss by …

"Board" means the board of licensing for alcohol and other drug use professionals established by RSA 330-C:3. Notes N.H. Admin. Code § Alc 102.01 #8169, eff 9-21-04; ss by 9417, eff 3-14-09 (from Alc 102.03)

"Certified recovery support worker (CRSW)" means, pursuant to RSA 330-C:2, IV, an individual certified by the board to provide recovery support to persons with substance use disorders. Notes N.H. Admin. Code § Alc 102.02 #8169, eff 9-21-04; ss by 9417, eff 3-14-09

"Licensed alcohol and drug counselor (LADC)" means, pursuant to RSA 330-C:2, XIII, an individual licensed by the board to practice substance use counseling who meets the initial licensing qualifications set forth in RSA 330-C:17. Notes N.H. Admin. Code § Alc 102.03 #8169, eff 9-2…