New Hampshire Administrative Code

A certificate holder or licensee wishing to reinstate their certificate or license when the certificate or license has lapsed for non-renewal for more than 5 years and has not been actively practicing in another state shall: (a) Meet all the requirements set forth in Alc 414.01; …

(a) Any certificate or license holder wishing to reinstate their certificate or license after suspension shall meet all the requirements set forth in Alc 414.01. (b) After conducting a hearing held pursuant to RSA 541-A, the board through the OPLC shall reinstate the certificate …

The schedule of fees for renewal, inactive status, and reinstatement shall be as follows: Table 400-1 Fees Fee Amount Renewal fee for CRSW, LADC, or LCS $110.00 Renewal Fee for MLADC $240.00 Late Renewal Fee $100.00 Inactive Status Fee $100.00 Inactive Status Renewal Fee $100.00 …

In this chapter the following terms shall have the following meanings: (a) "Certified recovery support worker (CRSW)" means "certified recovery support worker as defined in RSA 330-C:2, IV, namely, "an individual certified by the board to provide recovery support to persons with …

(a) Licensees and CRSWs shall practice within their respective statutory scopes of practice as follows: (1) For MLADCs, the scope of practice set forth in RSA 330-C:10; (2) For LADCs, the scope of practice set forth in RSA 330-C:11; (3) For licensed clinical supervisors, the scop…

RSA 278, Apprenticeship Programs in Trade and Industry, authorizes and directs the New Hampshire state apprenticeship council to establish and promote the recruitment and selection of apprentices, and to ensure compliance with equal opportunity and affirmative action in apprentic…

These rules shall apply to any person, firm, corporation, trade association, or craft group only after such person, firm, corporation, trade association, or craft group has voluntarily elected to enter into the provisions within, through registration of an apprenticeship program …

"Apprentice" means any person employed under an apprenticeship program registered with any state apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training (BAT), Employment and Training, U.S. Department of Labor or registered with BAT itself and indiv…

"Apprenticeship agreement" means a written agreement between an apprentice and the sponsor, which contains the terms and conditions of the employment and training of the apprentice. Notes N.H. Admin. Code § App 102.02 #6364-A, eff 10-29-96

"Apprenticeship committee" means those persons designated by employers(s), representatives of a bonafide collective bargaining agent(s), and or representative(s) of workers who are not represented by a collective bargaining agent, to act in the administration of the apprenticeshi…

"Apprenticeship program" means a plan containing all terms and conditions for qualification, recruitment, selection, employment and training of apprentices, including the requirement for a written apprenticeship agreement, that has been approved by and registered with the New Ham…

"Apprenticeship standards" means the written document approved by and registered with the New Hampshire state apprenticeship council, which sets forth the minimum labor standards required by 29 CFR 29 for training and the apprentice in a specified firm, corporation, trade or craf…

"Cancellation" means the termination of the registration or approval status of a program at the request of the sponsor or termination of an apprenticeship agreement at the request of the apprentice. Notes N.H. Admin. Code § App 102.06 #6364-A, eff 10-29-96

"Council" means the New Hampshire state apprenticeship council. Notes N.H. Admin. Code § App 102.07 #6364-A, eff 10-29-96

"Employer" means any person or organization employing an apprentice, whether or not such person or organization is a party to an apprenticeship agreement with the apprentice. Notes N.H. Admin. Code § App 102.08 #6364-A, eff 10-29-96

"Registration of an apprenticeship agreement" means the acceptance and recording of documents by the council as evidence of the participation of the apprentice in a particular registered apprenticeship program. Notes N.H. Admin. Code § App 102.09 #6364-A, eff 10-29-96

"Registration of an apprenticeship program" means the acceptance and recording of such program by the council as meeting the basic standards and requirement of these rules and of 29 CFR 29 and 29 CFR 30. Notes N.H. Admin. Code § App 102.10 #6364-A, eff 10-29-96

"Related instruction" means an organized and systematic form of instruction designed to provide an apprentice with knowledge of the theoretical and technical subjects related to his/her trade. Notes N.H. Admin. Code § App 102.11 #6364-A, eff 10-29-96

"Sponsor" means any person, association, committee or organization operating an apprenticeship program, and in whose name the program is, or is to be, registered. Notes N.H. Admin. Code § App 102.12 #6364-A, eff 10-29-96

The council conducts proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications and complaints filed against apprentices or sponsors. These rules are intende…

(a) "Appearance" means a written notification to the council that a party's representative intends to actively participate in a hearing. (b) "Hearing" means "adjudicative proceeding" as defined by RSA 541-A1, I, namely, "the procedure to be followed in contested cases, as set for…

(a) All hearings shall be conducted for the council by a natural person appointed by the council to serve as a presiding officer. (b) A presiding officer shall as necessary: (1) Regulate and control the course of a hearing; (2) Facilitate an informal settlement acceptable to all …

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer or council member shall, for good cause withdraw from any hearing. (b) Good cause shall exist if a presiding officer or council member:(1) Has a direct interest in the outcome of a proceeding,…

The presiding officer upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely…

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the council on the actual date of receipt by the council, as evidenced by a date stamp placed on the document by the counci…

(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) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size; (3) Be signed by the party or propon…

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

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

(a) The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions. Applications shall not be considered pleadings. (b) All petitions shall contain: (1) The name and address of the petitioner; (2) The name and address of the petitioner's repr…

A hearing shall be commenced by an order of the council giving notice to the parties at least 30 days prior to the hearing as required by App 207.03. Notes N.H. Admin. Code § App 207.01 #7864-A, eff 4-1-03

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the council. Notes N.H. Admin. Code § App 207.02 #7864-A, eff 4-1-03

(a) A notice of a hearing issued by the council at least 30 days prior to the hearing shall contain the information required by RSA 541-A:31, III, namely: (1) A statement of the time, place and nature of any hearing; (2) A statement of the legal authority under which a hearing is…

(a) A party's representative shall file an appearance that includes the following information:(1) A brief description of the proposed representative's professional and character qualifications; (2) A statement as to whether or not the representative is an attorney and if so, whet…

Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider: (a) Offers of settlement; (b) Simplification of the issues; (c) Stipulations or admissions as to issues of fact or …

Unless called as witnesses, council staff shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § App 208.01 #7864-A, eff 4-1-03

Unless called as a witness or granted party or intervener status a person who initiates an adjudicative proceeding by complaining to the council about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code…

(a) A non-party may intervene in a matter pending before a council under the provisions of RSA 541-A:32 by filing a Petition stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies …

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

If any party or intervener to whom notice has been given in accordance with App 207.03 fails to attend a hearing and such failure was beyond the parties control the presiding officer shall declare that party or intervener to be in default and shall either: (a) Dismiss the case, i…

(a) In response to requests for the voluntary production of information or documents relevant to the hearing, each party shall respond in good faith and as soon as is practicable. (b) When a dispute between parties, interveners, or both arises concerning a request for the volunta…

(a) Any party or intervener may make a motion requesting that the presiding officer order the parties and interveners to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing. (b) The moving party or intervener's mo…

At least 5 days before the hearing the parties and interveners shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or …

(a) The council shall record the hearing by tape recording or other method that will provide a verbatim record, except that a proceeding on emergency action shall be governed by RSA 541-A;30, III. (b) If any person requests a transcript of the taped record, the council shall caus…

The party or intervener 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 § App 212.02 #7864-A, eff 4-1-03

(a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified. (b) Testimony shall be offered in the following or…

(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. …