New Hampshire Administrative Code

Any person having a 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 case law requires t…

(a) Persons wishing to complain of licensee misconduct shall 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. (b) The complaint shall include: (1) The nam…

(a) Hearings shall be conducted by a presiding officer designated by the board. (b) If they are present, board members shall have the opportunity to question witnesses, parties, intervenors and representatives of parties and intervenors, subject to the presiding officer's directi…

The presiding officer shall as necessary: (a) Regulate and control the course of the hearing; (b) Facilitate settlement of the dispute which is the subject of the hearing; (c) Administer oaths and affirmations; (d)Request the issuance by the board of subpoenas to compel the atten…

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

The presiding officer, upon the motion of any party or intervenor or on the initiative of the presidingofficer, shall upon reasonable notice to affected persons suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver: (a) Appears to be…

(a) All correspondence, pleadings, motions or other documents relating to a hearing and submitted to the board 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 …

(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 submitted to the board on the date of receipt eviden…

(a) Copies of all motions, exhibits, memoranda, or other documents submitted by any party or intervenor shall be delivered by that party or intervenor to all other parties and intervenors. (b) All notices, orders, decisions or other documents issued by the presiding officer or th…

(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) Motions shall be in writing and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion. (b) Oral motions and any oral objections t…

(a) A hearing shall be commenced by:(1) An order of the board giving the parties the notice specified in (b) below; and (2) In the case of a hearing related to the board's emergency suspension of a license, the notice specified in (b) below together with the order issued pursuant…

(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 wor…

(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) The appearance shall contain the following information:(1) The docket number assigned by the board or a brief identif…

(a) A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the presiding officer if the presiding officer determines that to do so would facilitate the proceedings or encourage resolution of the dispute. (b) Such prehearing co…

(a) Except in the circumstances described in (b) below, the presiding officer shall record the hearing electronically or any by any other method that will provide a verbatim record. (b) A hearing on the immediate suspension of a license pursuant to RSA 541-A:30, III shall be reco…

Witnesses summoned to appear at a hearing shall be paid the same fees as witnesses summoned to appear before the superior court. Notes N.H. Admin. Code § Nat 208.06 #8300, eff 3-9-05

(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 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 …

Notwithstanding the provisions of this chapter, an intervenor's right to participate in the proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III. Notes N.H. Admin. Code § Nat 209.03 #8300, eff 3-9-05

(a) Complainants alleging misconduct by a licensee may petition to intervene in the disciplinary hearings arising from their complaints. (b) Unless called as witnesses, board staff shall have no role in any hearing. Notes N.H. Admin. Code § Nat 209.04 #8300, eff 3-9-05

(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 there is good cause to do so. (c) Good cause shall in…

(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 Nat 208.01; 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 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such no…

At least 5 days before the hearing the parties and intervenors shall provide to the other parties and intervenors: (a) A list of all witnesses to be called at the hearing together with a brief summary of their testimony; (b) A list of all documents and exhibits to be offered as e…

The record of the hearing in a contested case shall be as set forth in RSA 541-A:31, VI. Notes N.H. Admin. Code § Nat 212.01 #6380, eff 11-26-96, EXPIRED: 11-26-04 New. #8300, eff 3-9-05

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 § Nat 212.02 #6380, eff 11-26-96, EXPIRED: 11-26-04 New. #8300, eff 3-9-05

(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 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. …

(a) Any party or intervenor may submit proposed findings of fact and rulings of law to the presiding officer before or at the hearing. (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 …

After the conclusion of the hearing, the record shall be closed and no additional evidence shall be received into the record except as allowed by Nat 212.07. Notes N.H. Admin. Code § Nat 212.06 #8300, eff 3-9-05

(a) If no written proposal for decision pursuant to Nat 212.08(c) or final decision pursuant to Nat 212.08(a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence. (b) A motion pursuant to (a) above shall be …

(a) The board shall make a final decision based on:(1) A hearing attended by a quorum of the board; (2) A written proposal for decision meeting the requirements of paragraph (c); or (3) A hearing held pursuant to paragraph (d)(2). (b) A board member shall not participate in the b…

(a) An adjudicatory order of the board shall not be final until the date it is served upon the parties and intervenors pursuant to Nat 212.08. (b) Within 30 days after service of a final adjudicatory order of the board, any party or intervenor may file a motion for reconsideratio…

(a) Within the time frame specified in Nat 212.08(b), the board shall reconsider, revise, reverse or affirm any final action on its own motion. (b) If reconsideration is based upon the existing record, prior notice shall not be given to the parties and intervenors. If the board b…

(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) A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified by Nat 212.08(b), and …

(a) Any licensee who has a dispute with the board shall have the opportunity at any time to reach an agreement to settle some or all of the issues if: (1) There is no dispute about the material facts underlying the issues to be settled; and (2) If the dispute relates to a complai…

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 which shall contain: (a) The name and address of the individual petitioner or, if the request is that of an entity, the identity of the entity and the nam…

(a) The board shall request additional information or argument from the person petitioning for rulemaking or from others if such additional information or argument is required to reach a decision. (b) The board shall deny the petition for rulemaking when the adoption, amendment o…

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 § Nat 215.01 #8300, eff 3-9-05

(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 Nat 213.03. (b) People who wish to testify shall be asked to: (1) Write on the speakers' list their full names and addresses; and (2) The…

The board's chair or other person designated by the board to preside over the 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; or (2) Refuses to keep comments relevant to the pr…

Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow the hearing to go forward: (a) Limitation of the number of media representatives when their number together with the number of me…

(a) Public comment hearings shall be attended by a quorum of the board. (b) 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…

(a) Any person may request a declaratory ruling by the board if: (1) The person is directly affected by RSA 328-E or by any administrative rule implementing that statute; and (2) The legal issues presented by the request taken together with the facts presented pursuant to Nat 216…

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