New Hampshire Administrative Code

(a) No procedural requirement of the rules in this chapter shall be waived, except for good cause as provided herein. (b) For the purposes of this section, good cause shall be deemed to exist if: (1) Adherence to the rule would cause undue hardship to any party by:a. Imposing unr…

(a) The board shall make inquiry of a registrant whenever it receives information alleging violation of any statute administered by the board. (b) When the board receives information indicating that a medical technician has engaged in, or is likely to engage in conduct which pose…

(a) Pursuant to RSA 328-I:10, XIII, the board shall dismiss a complaint when the undisputed allegations do not warrant disciplinary action against a registrant because: (1) The board lacks jurisdiction over the subject matter of the complaint; or (2) The facts, taken in a light m…

(a) A formal investigation shall be commenced when the board determines that the facts in its possession are sufficient, if shown to be true, to lead to the imposition of disciplinary action pursuant to RSA 328-I:10. (b) The board shall designate a person to serve as the investig…

(a) The board shall commence an adjudicative proceeding to resolve any disciplinary or licensure allegation arising under this chapter which has not been resolved in accordance with Mtec 204.02. (b) Once a disciplinary proceeding has been commenced, no party shall communicate wit…

(a) The board shall appoint a person to preside at the hearing who shall be: (1) A member of the board; or (2) A nonmember retained to serve as the hearing officer, if the board determines that: a. The issues are of unusual complexity; b. Hearings on procedural matters and the is…

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer shall, for good cause, withdraw from any hearing. (b) Good cause shall exist if a presiding officer:(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a f…

(a) Unless called as witnesses, board staff shall have no role in any enforcement or disciplinary hearing. (b) Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of a re…

(a) All correspondence, pleadings, or communications intended for the board shall be: (1) Addressed to the board's office in care of its license clerk; (2) Considered filed when it is actually received at the board's office in Concord; (3) Include the title and docket number of t…

(a) A party or representative's signature on a document filed with the board shall constitute certification that: (1) The signer has read the document; (2) The signer is authorized to file it; (3) To the best of the signer's knowledge, information, and belief, there are good grou…

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days. (b) Pursuant to RSA 21:35: (1) Except where specifically stated to the contrary, when a period or limit of time is to be reckoned from a day or date, that day or date shall be excl…

(a) The board shall commence an adjudicative proceeding by issuing a notice of hearing to the parties at least 30 days before the initial prehearing conference or hearing date. (b) The notice commencing an adjudicative proceeding shall: (1) Specify the time, place and nature of a…

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

(a) Motions to intervene shall state with particularity:(1) The petitioner's interest in the subject matter of the hearing; (2) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and (3) Any other reasons why the petitione…

(a) Two or more adjudicative proceedings shall be consolidated for hearing, if: (1) The proceedings involve the same registrant, or substantially related issues; (2) The board receives a motion from one or more parties seeking such consolidation; and (3) The board determines, aft…

(a) The presiding officer, upon motion from a party, or upon his or her own initiative, shall require the parties to attend an initial prehearing conference when such a conference would assist in planning for the prompt and efficient disposition of the proceeding. (b) Matters to …

(a) The board shall record all hearings by tape recording or other method that will provide a verbatim record of the proceedings. (b) A record of the hearing shall be made by a certified shorthand court reporter provided by the agency in all hearings involving emergency action or…

(a) All documents filed by any party in connection with an adjudicative proceeding shall be delivered to all other parties to the proceeding by: (1) Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the last address given to th…

(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 the nature of the relief requested requires oral presentation upon short notice. (b) All motions shall state clearly and con…

(a) Any party or intervener 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 there is good cause to do so. (c) Good cause shall in…

(a) The board shall provide for the disclosure to the parties of any investigative report or other unprivileged information in the possession of the board, which is reasonably related to the subject matter of the proceeding. (b) Each party shall attempt in good faith to make comp…

(a) Subpoenas for the attendance of witnesses or the production of evidence in investigations or adjudicative proceedings shall be issued upon the order of the board. (b) In adjudicative proceedings, a party requesting the board to authorize a subpoena shall attach a copy of the …

(a) Receipt of evidence and official notice of facts, the record of other proceedings before the board, generally recognized scientific or technical facts, or codes or standards adopted by the board shall be governed by the provisions of RSA 541-A:33. (b) All objections to the ad…

The presiding officer or board members recognized by the presiding officer shall make such inquiry of witnesses, parties or counsel, as they believe necessary to develop a sound record for decision. Notes N.H. Admin. Code § Mtec 205.20 Derived From Volume XXXVI Number 19, Filed M…

The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Mtec 205.21 Derived From Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11091-A, Effective 5/…

(a) Parties may submit proposed findings of fact or conclusions of law which shall be set forth in separately numbered paragraphs. (b) The presiding officer shall direct all parties to submit proposed findings of fact or conclusions of law. I Individual rulings upon such proposed…

(a) If the disposition of the matter depends upon the credibility of any witness, no board member shall participate in the deliberation of the decision unless he or she personally was in attendance for all of the witness's testimony in the case, in order to effectively assess the…

(a) A motion for rehearing, reconsideration or clarification shall be filed within 30 days after service of a final adjudicative order. (b) Any member of the board who participated in the decision may seek rehearing, reconsideration or clarification of a final adjudicative order …

(a) If the motion of any party or board member for rehearing or reconsideration is granted, the process for commencement of an adjudicative proceeding shall begin again, with notice to all affected parties. (b) The scope of any rehearing or reconsideration including the issues to…

(a) Board actions shall be stayed only in response to a specific motion requesting a stay or by the board acting on its own motion. (b) The mere filing of a motion for reconsideration shall not operate as a stay of any order, but a motion for stay may be combined with a motion fo…

The board shall seek to adopt any rule, or an amendment or repeal thereof, by filing a rulemaking proceeding in accordance with RSA 541-A. Notes N.H. Admin. Code § Mtec 206.01 Derived From Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11091-A, Effective 5/5/2016.

(a) Any person may request the board to adopt, amend, or repeal a rule by filing a petition with the board which contains the following information: (1) A statement of the petitioner's interest in the proposed rulemaking action; (2) The text of the proposed new rule; (3) The text…

(a) Within 30 days of the submission of a petition, the board shall: (1) Deny the petition by written order, stating its reasons for the denial, or (2) Initiate rulemaking proceedings, pursuant to RSA 541-A:4. (b) Any denial shall be based upon a finding by the board that: (1) Th…

(a) Public comment hearings shall be open to the public, and members of the public may provide information to the board, subject to the limitations of these rules. (b) Written comments may be submitted in lieu of or in addition to oral testimony. (c) Notice of the hearing shall b…

(a) A public comment hearing shall be attended by a quorum of the board. (b) A public comment hearing 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 heari…

(a) The person presiding at a public comment hearing shall refuse to recognize, or revoke the recognition of any person who:(1) Speaks or acts in an abusive or disruptive manner to those in attendance; (2) Fails to keep comments relevant to the subject matter of the hearing; or (…

(a) Any interested person may request a declaratory ruling from the board on how a statute, rule or order applies to a specific factual situation. (b) The request for a ruling shall be made by filing a petition with the board, which contains: (1) The name and address of the petit…

(a) The board shall issue a decision on the request for a declaratory ruling, in writing, within 90 days of receipt of a petition. (b) A copy of each written decision on a request for declaratory ruling shall be: (1) Filed with the director of legislative services; (2) Sent to th…

Pursuant to RSA 541-A:11, VII, 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 re…

The board shall, within 90 days of receiving a request in accordance with Mtec 209.01, 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; an…

The following terms shall have the meaning indicated when used in this chapter: (a) "Access" means the permission, liberty, or ability to enter, approach, or pass to and from a place or to approach or communicate with a person or thing; and the freedom or ability to obtain or mak…

(a) Whenever a person is required to complete a form, the following shall apply: (1) Forms shall be filled out completely; (2) Forms shall be completed in a legible manner; and (3) Forms shall be completed in non-fading, non-erasable ink, or computer printing. Notes N.H. Admin. C…

(a) All forms shall be reviewed by the board or its designee upon filing. (b) The submitting party shall be notified of any apparent errors or omissions and allowed to resubmit the form to the board within 60 days of the date notice is sent to the applicant. Notes N.H. Admin. Cod…

(a) In the event an applicant fails to comply with an applicable statute or rule, the request for registration application shall not be approved by the board. (b) The applicant shall be notified in writing of the reason(s) for the rejection and given a period of 60 days from the …

Whenever an applicant makes payment to the board for satisfaction of a fee, the following shall apply: (a) Payment shall be made in the form of cash, check, or money order; (b) Checks and money orders shall be made payable to "Treasurer, State of New Hampshire "; and (c) Unless o…

(a) Post-dated checks shall not be accepted. (b) Checks shall be for the exact amount due to the board. (c) No two-party check shall be accepted. (d) No check shall be accepted which is dated more than 90 days prior to receipt. In such an event the application shall be rejected a…

(a) Whenever a registrant is required to furnish his or her address by statute or rule, he or she shall provide both a physical address and, if applicable, a mailing address. Notes N.H. Admin. Code § Mtec 302.06 Derived From Volume XXXVI Number 19, Filed May 12, 2016, Proposed by…