New Hampshire Administrative Code

(a) In any hearing in which administrative action affecting the rights or privileges of any party might be taken, an oath or affirmation shall be administered by the presiding officer to each witness prior to identifying each witness and receiving testimony. (b) If a witness asse…

(a) Hearings conducted by the board shall not be bound by the formal rules of evidence or by common law. (b) All relevant evidence shall be admissible. (c) Evidence may include but shall not be limited to: (1) Depositions; (2) Affidavits; (3) Official documents; and (4) Testimony…

(a) All motions shall be in writing unless presented orally at the hearing. Written motions shall be included in the record of the proceeding and filed together with the case file. (b) All written motions submitted on the day of the hearing shall be excluded from consideration by…

(a) The board shall take official notice of the materials specified in RSA 541-A:33, V. (b) The board shall state on the record the matters of which official notice shall be taken, and afford the parties the opportunity to object. Notes N.H. Admin. Code § Mvi 208.08 #6980, eff 4-…

(a) All evidence and testimony presented in a hearing shall constitute the record for the purpose of the board rendering a decision. (b) The board shall tape record all hearings and shall so notify the parties before the hearing begins. (c) The board shall: (1) Retain a copy of h…

A board member shall withdraw from a case if at any stage of the hearing process s/he determines that: (a) Presently, or in the past, s/he has had a personal or business relationship with a party, witness or attorney that may hinder him from arriving at an impartial decision on t…

No party shall be required to rest his case at a given time, except when the board has heard all relevant evidence and rebuttals. Notes N.H. Admin. Code § Mvi 208.11 #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-…

(a) For the purpose of rendering a decision, 4 members of the board shall constitute a quorum. (b) All decisions shall be reached on the basis of a preponderance of the evidence. (c) The disposition of the protest shall be in writing and shall set forth findings of fact, conclusi…

(a) Whenever the board is satisfied that good cause exists to explain why a person failed to appear at a hearing at which a default judgment was rendered, the board shall strike the default judgment and reopen the case for a determination on the merits. (b) Good cause shall inclu…

(a) Pursuant to RSA 357-C:12,VII, a party shall request a rehearing for reconsideration with the board prior to bringing an appeal to superior court. (b) A request for rehearing shall be filed on the application for rehearing with the board within 20 days after an order or decisi…

(a) The application for rehearing shall be addressed to the chairman of the board. (b) The application shall be in the form of a letter and shall include every ground on which the applicant asserts the hearing or the outcome of the hearing is unlawful or unreasonable. (c) The app…

Any decision or order of the board shall remain in full force and effect pending the outcome of the appeal or expiration of the decision or order imposed. Notes N.H. Admin. Code § Mvi 208.16 #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; …

The amount of a civil penalty, as authorized by RSA 357-C:12, II (b) and VI, imposed by the board for a violation of its order(s) shall be based on the following: (a) The appropriateness of a penalty in relation to the size of the business of the party charged; (b) The gravity of…

Any appeal shall be filed with the superior court within 30 days after the board rules on an application for rehearing, pursuant to RSA 357-C:12,VII. Notes N.H. Admin. Code § Mvi 208.18 #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by…

The scope of hearings held pursuant to RSA 357-C:3, shall be limited to whether any person has engaged in unfair business practice as specified in RSA 357-C:3, I through V. Notes N.H. Admin. Code § Mvi 209.01 #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERIM, eff 9-14-07, …

The scope of hearings held pursuant to RSA 357-C:4 shall be limited to whether the manufacturer provided the delivery and preparation obligations of its motor vehicle dealers as specified in RSA 357-C:4. Notes N.H. Admin. Code § Mvi 209.02 #6980, eff 4-21-99, EXPIRED: 4-21-07 New…

The scope of hearings held pursuant to RSA 357-C:5 shall be limited to the issues specified in RSA 357-C:5 which were asserted as the grounds for the violation of the law by the protestor. Notes N.H. Admin. Code § Mvi 209.03 #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERI…

(a) The scope of hearings held pursuant to RSA 357-C:6 shall be limited to: (1) For protests filed pursuant to RSA 357-C:6, I, whether any written or oral agreement is void as against public policy and unenforceable in this state; (2) Whether the manufacturer, distributor, distri…

(a) The scope of hearings held pursuant to RSA 357-C:7 shall be limited to whether: (1) The manufacturer satisfied the notice requirement specified in RSA 357-C:7. VI; (2) The manufacturer acted in good faith; and (3) The manufacturer has good cause as defined by RSA 357-C:7, II,…

(a) The scope of hearings held pursuant to RSA 357-C:8 shall be limited to: (1) Whether a designated family member or a deceased or incapacitated new motor vehicle dealer notified the manufacturer, distributor, factory branch or factory representative or importer of his or her in…

(a) The scope of hearings held pursuant to RSA 357-C:9 shall be limited to whether the manufacturer complied with the requirements of RSA 357-C:9. (b) When it assesses whether a manufacturer had good cause to relocate or not enter into an agreement, the Board shall consider the e…

The scope of hearings held pursuant to RSA 357-C:10 shall be limited to whether a franchisor has attempted to interfere with franchisees right to associate for any lawful purpose. Notes N.H. Admin. Code § Mvi 209.08 #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERIM, eff 9-…

The scope of hearings held pursuant to RSA 357-C:11 shall be limited to whether, in connection with the sale of a motor vehicle to the state or a political subdivision thereof, a manufacturer or distributor offered any discounts, refunds, or similar inducement to the dealer witho…

(a) Petitions for rulemaking shall be in writing. (b) The petitioner shall include a cover letter stating the reasons that rule is being proposed. (c) The petitioner shall include his/her name, address, and phone number. (d) Petitions shall be sent to the motor vehicle industry b…

The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking hearing pursuant to RSA 541-A:6. Notes N.H. Admin. Code § Mvi 210.02 #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08;…

(a) The hearing shall be presided over by the chairperson of the board or his or her designee. (b) The chairperson or designee shall: (1) Determine whether a quorum of the board is present for the hearing; (2) Call the hearing to order; (3) Cause a recording of the hearing to be …

(a) Any individual who wishes to testify at the hearing shall provide his or her full name on a speakers list furnished by the board. (b) Individuals shall be called to testify in the order in which they signed up. (c) Before adjourning the public hearing and after all individual…

(a) The chairperson or designee shall postpone a hearing to a later date, time, or place in the event of: (1) Inclement weather; (2) A lack of a quorum; or (3) Determination by the board that postponement of the hearing shall facilitate greater participation by the public. (b) Th…

Individuals may submit comments in writing or electronic format to the board on proposed rulemaking actions any time from the time notice has been published until the end of the public comment period as set forth in the notice of rulemaking. Notes N.H. Admin. Code § Mvi 210.06 #9…

(a) All rulemaking hearings shall be recorded. (b) A copy of the digital record shall be provided upon request and upon providing the required number of CD(s) upon which the record is copied and a $25 fee. (c) All requests for a copy of the recording shall be made by submitting a…

(a) Individuals petitioning for a declaratory ruling, as defined by RSA 541-A:1,V, shall submit the following information to the board in writing:(1) The specific statute, rule, or order whose applicability is being questioned; (2) The interest of the petitioner; (3) The activity…

(a) The board shall act on the petition as follows: (1) Issue a written declaratory ruling within 30 days of the meeting at which the petition was considered; or (2) Reject the declaratory ruling petition if it is inadequate or beyond the scope of the of the board's authority as …

(a) Within 30 days after the adoption of a rule, any interested person may request the board to issue a statement explaining the following: (1) The principle reason(s) for and against the adoption of a rule in its final form; or (2) Reasons why the board overruled arguments and c…

(a) These rules implement the statutory responsibilities of the New Hampshire naturopathic board of examiners. (b) The board's responsibilities include, but are not limited to: (1) The establishment of organizational rules under which the board operates; (2) The granting and issu…

As used in these rules, the following terms shall have the meanings indicated: (a) "Acupuncture" means the insertion of acupuncture needles into specific points on the skin to treat human disease and impairment and to relieve pain. (b) "Administrative assistant" means any person …

Notes N.H. Admin. Code § Nat 102.02 The adopted version of this section by New Hampshire Register Volume 40, Number 50, eff. 11/24/2020 is not yet available.

The board shall consist of 5 members who meet the eligibility requirements of RSA 328-E:7 and are appointed by the governor. Notes N.H. Admin. Code § Nat 103.01 #6379, eff 11-26-96; ss by #8299, eff 3-9-05

The board shall: (a) Provide standards for the licensure and regulation of doctors of naturopathic medicine in order to protect the public health, safety and welfare; (b) Insure that naturopathic medicine by qualified doctors of naturopathic medicine is available to the people of…

(a) There is a council on doctors of naturopathic medicine formulary with a membership as specified in RSA 328-E:16, I and a chair elected from among the members. (b) The duties of the council are: (1) To determine the substances to be included in the formulary that may be prescr…

There shall be an administrative assistant and such other staff members as are provided by the office of professional licensure and certification to perform the record-keeping and other statutory functions of the board and to oversee the board's day-to-day operations. Notes N.H. …

The board shall meet semi-annually and at such additional times called for by: (a) The chairperson; or (b) Vote of the board. Notes N.H. Admin. Code § Nat 103.05 #6379, eff 11-26-96; ss by #8299, eff 3-9-05

(a) A total of 3members of the board shall constitute a quorum, in accordance with RSA 328-E:7, V, to convene a meeting or conduct a hearing. (b) Any action shall be taken only by the affirmative vote of a majority of those board members present and voting. (c) Board members shal…

(a) Minutes shall be kept of board meetings and of official actions taken by the board. (b) These minutes shall record those members who participate in each vote and shall separately record the position of members who choose to dissent, abstain or concur. Notes N.H. Admin. Code §…

(a) A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations on matters within the jurisdiction of the board. (b) When expressly authorized by the board, the authority of a committee shall include the reten…

(a) The board shall elect a chairperson, vice-chairperson and secretary-treasurer annually at the first meeting of each calendar year. (b) The chairperson shall oversee all correspondence to and from the board, represent the board or designate another board member to represent th…

(a) The board's office is located at: New Hampshire Naturopathic Board of Examiners Philbrook Building 121 South Fruit Street Concord, N.H. 03301 (b) The office shall be open to the public weekdays, excluding holidays, from 8:00 A.M. to 4:00 P.M. (c) The board's telephone number …

(a) Pursuant to RSA 91-A:4 members of the public may inspect and have copies of those records of the board which are public records and not exempt from disclosure under RSA 91-A:5 or other applicable law. (b) The administrative assistant shall be the custodian of the board's reco…