New Hampshire Administrative Code

(a) Any person who wishes to speak on the issues which are the subject of the hearing shall list both name and address on a speaker's list. All whose names appear on the speaker's list may speak at the hearing. (b) Written comments may be submitted any time from the time notice h…

(a) Any interested person may petition the board, for the adoption, amendment, or repeal of any board rule under RSA 541-A:4. (b) Within 30 days of the receipt of the completed petition required by Par 202.03, the board shall either: (1) Initiate rulemaking procedures in complian…

(a) Any interested person may petition the board using the format specified in Par 202.03, requesting a declaratory ruling on the applicability of any statute concerning the board or rule adopted by the board. (b) Within 45 days of the receipt of the completed petition required b…

(a) The board shall consider any petition which meets the following minimum requirements: (1) Each petition shall be in legible written format and addressed to the board as follows: Executive Assistant NH Adult Parole Board PO Box 14 Concord, NH 03302-0014 (2) Petitions for propo…

This part provides a uniform procedure for the conduct of parole hearings. It shall be followed by all participants in parole hearings. Notes N.H. Admin. Code § Par 203.01 #7149, eff 12-7-99 , EXPIRED: 12-7-07 New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08 New. #9254, eff 9-6-…

All inmates shall receive a parole hearing within the 60-day period prior to their minimum parole date. If parole is denied at the initial hearing, the board shall advise the inmate, in writing via a copy of the minutes of the hearing, what the inmate shall be required to do to b…

Any inmate may, by written request, waive or continue a scheduled hearing. Notes N.H. Admin. Code § Par 203.03 #7149, eff 12-7-99 , EXPIRED: 12-7-07 New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08 New. #9254, eff 9-6-08 Amended by Volume XXXVII Number 15, Filed April 13, 2017, …

Notice of any scheduled parole shall be issued by the executive assistant according to the provisions of RSA 651-A:11. The executive assistant shall also provide written notice to each inmate scheduled for a hearing. Notes N.H. Admin. Code § Par 203.04 #7149, eff 12-7-99 , EXPIRE…

The presiding officer shall commence the hearing by questioning the inmate regarding information in the inmate's prison record. The inmate shall then have the opportunity to respond to these questions, and to make a statement to the board. Notes N.H. Admin. Code § Par 203.05 #714…

(a) The inmate may have family members, friends, professional persons, employers, or other witnesses present to discuss the case with the board, provided their names and relationship to the inmate are filed with the executive assistant. The board shall order removed from the hear…

After the board members, inmate, and witnesses have concluded their questions and/or comments, board members shall make a decision to grant or deny parole according to the criteria in Par 301.02 and Par 301.03. Notes N.H. Admin. Code § Par 203.07 #7149, eff 12-7-99 , EXPIRED: 12-…

The board shall hold a reconsideration hearing for any inmate previously approved for parole who receives a disciplinary write-up prior to release. At the reconsideration hearing the board shall determine the effect of the disciplinary upon the inmate's release date. The standard…

The board shall hold a reconsideration hearing for any inmate previously approved for parole who receives a disciplinary writeup prior to release. At the reconsideration hearing the board shall determine the effect of the disciplinary upon the inmate's release date. The standard …

(a) All revocation hearings shall be conducted by a member of the board appointed by the chairman to serve as presiding officer. (b) The presiding officer shall as necessary: (1) Regulate and control the course of a hearing; (2) Facilitate an informal resolution of an appeal; (3)…

(a) Upon individual initiative or upon the motion or request of any party, a presiding officer or agency decision-maker shall, for good cause withdraw from any hearing. (b) Good cause shall exist if a presiding officer or agency decision-maker has a direct interest in the outcome…

(a) All decisions, orders, notices, or other written correspondence or documents issued by or at the direction of the board shall be rebuttably presumed to have been issued on the date noted on the document. (b) All written documents governed by these rules shall be deemed to hav…

(a) All correspondence, pleadings, motions or other documents filed under these rules shall: (1) Include the title and docket number of the proceeding, if known; (2) By typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size; (3) Be signed by the party or propo…

(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 the hearing or on the basis of information which was not received in time to prepare a written motion. (b) Oral motions and any oral objec…

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by a party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding. (b) All notices, orders, decisions or other documents issued by the pres…

(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 these rules 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 agency giving notice to the parties of the date of any scheduled prehearing conference or hearing. Notes N.H. Admin. Code § Par 207.01 #7149, eff 12-7-99 , EXPIRED: 12-7-07 New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08 New. #925…

(a) A notice of a hearing issued by the board shall contain the information required by RSA 541-A:31, III, namely: (1) A statement of the time, place, and nature of the hearing; (2) A statement of the legal authority under which the hearing is to be held; (3) A reference to the p…

If the parolee is represented by counsel, the counselshall file an appearance that includes the following information: (a) A brief identification of the matter; (b) A statement as to whether the attorney is licensed to practice in New Hampshire; and (c) The attorney's daytime add…

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

The board shall postpone the hearing if the parolee, parole officer, or parolee's attorney are unable to attend due to circumstances beyond their control. Notes N.H. Admin. Code § Par 208.02 #7149, eff 12-7-99 , EXPIRED: 12-7-07 New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08 N…

(a) Each party shall attempt in good faith to make complete and timely responses to requests for the voluntary production of information or documents relevant to the hearing. (b) Where a dispute between parties arises with respect to a request for the voluntary production of info…

(a) Any party may make a motion in writing requesting that the board order the parties to comply with information requests, including informal witness reviews and requests for the exchange of documents. (b) The moving party's motion shall: (1) Set forth in detail those factors wh…

(a) A record of the hearing shall be kept by compact disc recording electronically. (b) If any person requests a copy of the record, the board shall provide the person with a copy of the recording upon receipt of a blank disc from the requesting person or through other electronic…

The standard of proof at hearings shall be proof by a preponderance of the evidence. Notes N.H. Admin. Code § Par 210.02 #7149, eff 12-7-99 , EXPIRED: 12-7-07 New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08 New. #9254, eff 9-6-08 Amended by Volume XXXVII Number 15, Filed April …

The probation/parole officer alleging the violation shall bear the burden of proving the truth of the allegation by a preponderance of the evidence. Notes N.H. Admin. Code § Par 210.03 #7149, eff 12-7-99 , EXPIRED: 12-7-07 New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08 New. #9…

(a) Any person offering testimony, evidence or arguments shall state his/her name on the record. If the person is representing another person, the person being represented shall also be identified by name. (b) Testimony shall be offered in the following order: (1) The probation/p…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All documents, materials and objects offered into evidence as exhibits shall be included in the record of the hearing unless excluded by the presiding officer as irrelevant, immaterial, unduly repeti…

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing. (b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the is…

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record. (b) Before the conclusion of the hearing the presiding officer shall require, or a party may request that the hearing be continued to accommodate the filin…

(a) At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own motion or the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence, arguments or exhibits not p…

In accordance with RSA 651-A:3 II, a panel of 3 board members, including the presiding officer, shall make a decision after personally hearing the testimony in the case. Notes N.H. Admin. Code § Par 210.09 #7149, eff 12-7-99 , EXPIRED: 12-7-07 New. #9070, INTERIM, eff 1-11-08, EX…

The presiding officer, upon the motion of any party or intervener, or on his 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, accurate,…

The rules in this part shall apply whenever any person has a right under applicable law to request reconsideration of a decision prior to or in lieu of filing an appeal of the decision with the applicable court having appellate jurisdiction. Notes N.H. Admin. Code § Par 211.02 #7…

(a) A motion for reconsideration shall be filed within 30 days of service after service of a final board decision or order. (b) A motion for reconsideration shall: (1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconside…

A motion for reconsideration shall be granted only if: (a) Material evidence is presented with the motion for reconsideration which was not available at the time of the hearing; or (b) The party making the motion for reconsideration demonstrates that the board's decision is based…

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 request is that of an organizati…

The board shall, within 90 days of receiving a request in accordance with Par 212.01, 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; and…

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 request is that of an organizati…

The board shall, within 90 days of receiving a request in accordance with Par 213.01, 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; and…

The purpose of this chapter is to describe the criteria that shall be used by the hearing panel to grant or deny parole. Notes N.H. Admin. Code § Par 301.01 #4006, eff 2-28-86; EXPIRED 2-28-92 New. #5577, Emergency, eff 2-11-93; EXPIRED 6-11-93 New. #5685, eff 8-16-93; ss by #707…

Parole shall be considered a privilege, something to be earned rather than automatically given, and any release prior to the maximum term shall be made only upon careful and lawful consideration. An inmate shall not be granted parole unless the board finds a reasonable probabilit…

In determining the reasonable probability of success on parole, the board shall consider the following criteria: (a) The inmate's personality, maturity, sense of responsibility, and any developments in personality which might promote or hinder the conformity to the law; (b) The a…