New Hampshire Administrative Code

The presiding officer shall as necessary: (a) Regulate and control the course of a hearing; (b) Facilitate informal resolution of an appeal; (c) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence; (d) Question any person who te…

The presiding officer and board members, in the discharge of their official duties, shall observe and be governed by the following ethical standards of conduct: (a) The presiding officer and board members shall avoid the appearance of impropriety in all activities; (b) The presid…

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

The board, upon its own initiative or upon the motion of any interested person, shall suspend or waive any procedural requirement or limitation imposed by this chapter provided: (a) Reasonable notice is given to all affected persons; (b) The proposed waiver or suspension appears …

Unless called as witnesses, the department staff shall have no role in any hearing. Notes N.H. Admin. Code § Mil 201.08 #7529, eff 7-12-01 Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12862-A, Effective 8/29/2019.

(a) A person may appear in a proceeding by personal attendance or through the attendance of a representative appointed by the person. (b) Representatives shall be knowledgeable about the subject matter of the appeal. (c) The representative shall present to the board prior to the …

(a) After notice and opportunity for a hearing and a finding of misconduct by any individual relating to representation before the board, the individual shall be disqualified from acting as a representative before the board. (b) A finding of misconduct shall be based on the follo…

(a) A non-party may intervene in any matter pending before the board under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that:(1) The non-party's rights or other substantial interests might be affected by the proceeding; or (2) That the non-party …

(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 this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of …

A hearing shall be commenced by an order of the department giving notice to the parties as required in RSA 184:87, RSA 184:91, RSA 184:90-a, and He-P 2705.01(c). Notes N.H. Admin. Code § Mil 202.01 #7529, eff 7-12-01

The notice commencing a hearing shall contain the following: (a) A statement of the time, place, and nature of the hearing; (b) A statement of the legal authority under which the hearing is to be held; (c) A reference to particular statutes and rules involved, including this chap…

Any party may request, or the presiding officer shall schedule on his or her own initiative, a pre-hearing conference to consider one or more of the following: (a) Offers of settlement; (b) Simplification of the issues; (c) Stipulations or admissions as to issues of fact or proof…

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

(a) Any party, to whom notice has been served in accordance with this chapter, who fails to appear and fails to request a postponement of the hearing prior to the scheduled time of the hearing at which evidence or argument shall be presented, shall have a decision rendered agains…

Verbatim records shall be kept of all hearings by the department, copies of which shall be available upon written request to the board. Notes N.H. Admin. Code § Mil 202.06 #7529, eff 7-12-01 Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12862-A, Effect…

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. Notes N.H. Admin. Code § Mil 202.07 #7529, eff 7-12-01

(a) For purposes of this section, "by preponderance of the evidence" means what is sought to be proved is more probable than not. (b) In a hearing held to determine whether a license or permit that has already been issued should be suspended, revoked, or not renewed, or whether a…

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

(a) 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. (b) Objections to evidence offered may be made by the parties and shall be no…

(a) After the conclusion of the hearing, the record shall be closed and no other evidence received into the record, except as allowed by paragraph (b) of this section and Mil 202.12. (b) Before the conclusion of the hearing, a party may request that the record be left open to all…

At any time prior to the issuance of the decision on the merits, the board, through the presiding officer, on the boards 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 pr…

(a) All decisions rendered by the board shall be:(1) Made on the basis of the evidence admitted at the hearing or within the time period specified if the record is reopened pursuant to Mil 202.11 and the documents submitted in support thereof; and (2) Agreed upon by a majority of…

(a) A motion for rehearing shall be filed in writing within 30 days of the date of the board's 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…

A motion for rehearing 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 § Mil 203.02 #7529, eff 7-12-01

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 § Mil 203.03 #7529, eff 7-12-01

Pursuant to RSA 541:6 all appeals of board decisions shall be to the supreme court. Notes N.H. Admin. Code § Mil 203.04 #7529, eff 7-12-01

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 § Mil 204.01 #7529, eff 7-12-01…

This part shall apply to all non-adjudicative hearings required by state law to be conducted by the board at which public comment shall be solicited. Notes N.H. Admin. Code § Mil 204.02 #7529, eff 7-12-01

Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I. Notes N.H. Admin. Code § Mil 204.03 #7529, eff 7-12-01

(a) The hearing shall be presided over by the board chairman or a designee. (b) The presiding officer shall:(1) Call the hearing to order; (2) Cause a recording of the hearing to be made; (3) Recognize those who wish to be heard and establish the order thereof; (4) Limit the time…

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. (b) All whose names appear on the speakers' list, as provided, sha…

(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:(1) A statement of the petitioner's request for the proposed rule; (2) The text of the proposed rule or a statement …

(a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. (b) The board shall request additional data, or argument from the petitioner, or other interested persons to clarify the argument. (c) Such petitions shall be received and handled in th…

(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by a petition with the board. (b) A petition for declaratory ruling shall also set forth the following information: (1) The exact ruling being requested; and (2) The statutory and fa…

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received. (b) Within 90 days of receiving the petition, and after review and consideration, the…

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to the board. (b) The request shall be considered and the board shall issue a response within 45 days after consideration. Notes N.H. Admin. Code § Mil …

(a) Each milk producer, milk plant, producer/distributor, and distributor of milk products as defined in RSA 184:79 shall comply with: (1) The "Grade 'A' Pasteurized Milk Ordinance", 2017 revision, of the United States Department of Health and Human Services, Public Health Servic…

Plans for new or extensively remodeled cleaned-in-place milk pipeline systems on dairy farms, as required in the PMO, Section 7, item 9r, Administrative Procedures, shall be submitted to the department as follows: (a) The plans shall be completed by the producer or installer and …

(a) The following milk producers shall be exempt from the requirements in this section: (1) Any milk producer, as defined in RSA 184:79, IX, who offers raw milk for direct sale to consumers only from the milk producer's own farm or farm stand or at a farmers' market and who does …

(a) Yogurt made with raw milk shall be sold or offered for sale in the state of New Hampshire only, pursuant to RSA 184:30-a and RSA 184:84, V. (b) All raw milk yogurt shall be made in a facility licensed under the provisions of RSA 184:84 unless the producer-distributor meets th…

This chapter sets forth the organization and statutory responsibilities of the board of medical imaging and radiation therapy and the manner of communication with the board. Notes N.H. Admin. Code § Mirt 101.01 Derived From Volume XXXVIII Number 06, Filed February 8, 2018, Propos…

"Board" means "board" as defined in RSA 328-J, I, namely, "the board of medical imaging and radiation therapy." Notes N.H. Admin. Code § Mirt 102.01 Derived From Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12466, Effective 1/25/2018, Expires 1/26/2028.

"Medical imaging" means "medical imaging" as defined in RSA 328-J:1, VII, namely, "any procedure intended for use in the diagnosis or visualization of disease or other medical conditions in human beings, including, but not limited to the following modalities, radiography, nuclear…

"Nuclear medicine technologist" means "nuclear medicine technologist" as defined in RSA 328-J:1, X, namely, "a person who is licensed under this chapter to perform a variety of nuclear medicine and molecular imaging procedures using sealed and unsealed radiation sources, ionizing…

"Radiographer" means "radiographer" as defined in RSA 328-J:1I, XI, namely, "a person who is licensed under this chapter to perform a comprehensive set of diagnostic radiographic procedures using external ionizing radiation to produce radiographic, fluoroscopic, or digital images…

"Radiologist" means "radiologist" as defined in RSA 328-J:1II, XI, namely, "a physician certified by or board-eligible to be certified for the American Board of Radiology, the American Osteopathic Board of Radiology, the British Royal College of Radiology, or the Canadian College…

"Radiation therapist" means "radiation therapist" as defined in RSA 328-J:1, XI, namely, "a person who is licensed under this chapter to administer ionizing radiation to human beings for therapeutic purposes." Notes N.H. Admin. Code § Mirt 102.06 Derived From Volume XXXVIII Numbe…