New Hampshire Administrative Code

The board has the responsibility to: (a) Issue initial, temporary, renewal, and reinstated licenses to persons who meet the requirements of RSA 328-J and the rules of the board; (b) Establish ethical standards, required to be met by each limited x-ray machine operator, medical im…

(a) Pursuant to RSA 328-J:6, the board meets at least twice per year as its business requires. (b) A quorum shall consist of a majority of the board members who have been approved by the governor and council. Notes N.H. Admin. Code § Mirt 103.04 Derived From Volume XXXVIII Number…

Pursuant to RSA 91-A:2, II, members of the public may attend and record board meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3. Notes N.H. Admin. Code § Mirt 103.05 Derived From Volume XXXVIII Number 06, Filed February 8, 2018…

(a) Notice of the time and place of board meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II. (b) Information about the time and place of board meetings shall also be available by telephone at the number stated in Mirt 104.01(b) and by TTY/TD…

(a) Minutes shall be kept of board meetings and of official actions taken by the board. (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 § Mirt 103.0…

(a) The board's office location and mailing address is: Board of Medical Imaging and Radiation Therapy c/o Office of Licensed Allied Health Professionals Philbrook Building 121 South Fruit Street Concord, New Hampshire 03301 (b) The board's telephone number is (603) 271-8389, and…

(a) Persons wishing to correspond with the board or make submissions to it may: (1) Send a letter; (2) Send the correspondence or submission by fax, provided that it is printed or typed and that the board's rules do not require it to be sent by mail; or (3) Send the correspondenc…

(a) Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the board, including meeting minutes, which are public records and not exempt from disclosure under: (1) RSA 91-A:5; or (2) Other applicable federal or state law. (b) Governmental records shall…

(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 board that a party, an …

(a) Persons wishing to complain of licensee misconduct shall: (1) Submit to the board a written complaint including the information described in (b) below, using mail or any electronic means for which the board is able to maintain security; or (2) Submit a complaint by telephone …

(a) After receiving a complaint filed pursuant to Mirt 202.01, the board shall: (1) Provide a copy of the complaint to the licensee named in the complaint; and (2) Request a response to the allegations from the licensee. (b) The board shall dismiss a complaint of misconduct with …

(a) The board shall resolve all disputes about matters which are: (1) Within the jurisdiction of its statute; (2) Non-criminal; and (3) Not related to disciplinary matters. (b) Mirt 203.02 through Mirt 213 shall be construed to secure the just, accurate, and efficient resolution …

Any person having a non-disciplinary dispute with the board 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 …

(a) Hearings shall be conducted by a presiding officer designated by the board. (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 and …

(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, inc…

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 board on the date of receipt, as evid…

(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 board and to all other parties and intervenors. (b) All notices, orders, decisions, or other documents issued by the presiding…

(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 notice to the parties of the following information:(1) The names and addresses of the parties; (2) The nature of the hearing; (3) The time and place of the hearing and of any pre-hearing conference; (4) The legal authority unde…

(a) Upon a finding that public health, safety, or welfare requires emergency action, the board shall immediately and prior to a hearing suspend a license by issuing a written order of suspension incorporating the finding. (b) The board shall commence a hearing no later than 10 wo…

(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) Appearances shall be filed within 15 days of receipt of the notice required by Mirt 208.01(a). (c) The appearance sha…

(a) A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the board or the presiding officer if such a conference would facilitate the proceedings or encourage resolution of the dispute. (b) A prehearing conference shall addr…

(a) The presiding officer shall record the hearing by electronic recording or any other method that will provide a verbatim record, provided that such recording shall be in addition to any shorthand reporter requested pursuant to Mirt 208.01(a)(9)b.. (b) If any person requests a …

(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 petiti…

(a) Approval of intervention by the presiding officer shall apply only to the proceedings 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…

Unless called as witnesses, board staff shall have no role in any hearing. Notes N.H. Admin. Code § Mirt 209.03 Derived From Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12466, Effective 1/25/2018, Expires 1/26/2028.

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to an agency 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) 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 board shall dismiss the case if the party having the overall burden of proof, having been given notice in accordance with Mirt 208.01: (1) Failed to move for a delay in, or continuance of, the hearing date; and (2) Failed to participate in the hearing. (b) The board shall…

(a) The board shall receive and evaluate the testimony and other evidence of all other parties and intervenors if a party who does not have the overall burden of proof, having been given notice in accordance with Mirt 208.01: (1) Failed to move for a delay in, or continuance of, …

(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 § Mirt 213.01 Derived From Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12466, Effective 1/25…

(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 admi…

(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 par…

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 Mirt 213.06. Notes N.H. Admin. Code § Mirt …

(a) If no written proposal for decision pursuant to Mirt 213.07(d) or decision pursuant to Mirt 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 is pursuant to (a…

(a) The board shall issue a decision or order, whether or not the record has been reopened pursuant to Mirt 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 (d) below; or (3) A hearing …

(a) Rehearing shall be before a quorum of the board. (b) Within 30 days of the board's decision or order pursuant to Mirt 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 submittin…

(a) Any licensee or applicant for a license having a dispute with the board over issues not related to a disciplinary matter shall have the opportunity to settle some or all of the issues if there is no dispute about the underlying material facts. (b) To be effective, an agreemen…

(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 o…

(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…