New Hampshire Administrative Code

(a) Urine, blood and saliva samples and samples of other bodily substances shall be taken and tested to carry out random and reasonable suspicion testing. (b) The taking of samples shall be taken under the supervision of the commission veterinarian. (c) During the taking of sampl…

When euthanizing a greyhound, occupational licensees shall use the services of a veterinarian licensed in a jurisdiction regulating the practice of veterinary medicine. Notes N.H. Admin. Code § Pari 809.05 #7820, eff 1-11-03 (formerly Chapter Pari 500)

(a) Licensees shall provide a program to receive and maintain greyhounds for adoption. (b) Greyhounds shall be placed in the adoption program for the sole purpose of being available for adoption as pets and companions. (c) Licensees shall have a plan ensuring sufficient personnel…

(a) These rules are intended to implement the requirements of RSA 284: 14-c and RSA 284: 14-d relating to records of greyhound disposition and injury. (b) Unless otherwise provided herein, these rules shall apply to trainers, owners and kennel operators licensed by, or under the …

(a) "Disposition" means "disposition" as defined in RSA 284:14-c, I, namely "euthanasia, transfer to another jurisdiction, adoption or donation or sale for medical research or other purpose." (b) "Injury" means physical harm to a greyhound that either the greyhound's trainer or t…

(a) In accordance with RSA 284: 14-c and 14-d, the commission shall maintain records and statistics regarding the disposition and injury of all greyhounds that have participated in dog racing in New Hampshire, including racing greyhounds received from other jurisdictions. (b) Pur…

(a) Whenever a greyhound that has participated in dog racing in New Hampshire is disposed of in New Hampshire, the greyhound's trainer of record, as defined by Pari 801.64 shall, within 30 days of the disposition, execute and file with the commission a greyhound disposition form.…

(a) The trainer of any greyhound that suffers an injury on, or is suffering from an injury while present at, a racing premises under the jurisdiction of the commission shall immediately report the injury to the commission veterinarian, either orally or in writing. (b) Within 72 h…

"Board" means the New Hampshire passenger tramway safety board as defined in RSA 225-A:3-a. Notes N.H. Admin. Code § Pas 101.01 #6319, eff 8-22-96; ss by #10070, eff 1-11-12

"Quorum" means three members of the board. Notes N.H. Admin. Code § Pas 101.02 #6319, eff 8-22-96; ss by #10070, eff 1-11-12

Pursuant to RSA 225-A:3-a, the board shall consist of 4 members appointed by the governor and council. Notes N.H. Admin. Code § Pas 102.01 #6319, eff 8-22-96; ss by #10070, eff 1-11-12

The responsibilities of the board include: (a) Adopting rules pursuant to RSA 225-A:8; (b) Accepting and investigating complaints pursuant to RSA 225-A:13; (c) Registering passenger tramway operators pursuant to RSA 225:A-14; (d) Issuing emergency shut down orders and other order…

(a) Individuals may obtain information, make submissions or requests relative to passenger tramway safety by writing to the passenger tramway safety board, c/o department of safety, commissioner's office, 33 Hazen Drive, Concord, New Hampshire, 03305. (b) The board may be contact…

Board meeting procedure shall be according to Robert's Rules of Order (1967) and RSA 91-A. Notes N.H. Admin. Code § Pas 104.01 #6319, eff 8-22-96

(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 t…

(a) The chairperson shall serve as a presiding officer for all adjudicative hearings or other proceedings unless the board has delegated authority to another individual. (b) The presiding officer shall as necessary: (1) Regulate and control the course of a hearing; (2) Facilitate…

(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…

The presiding officer, upon the accepted motion of any interested person, shall waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when it appears that the proposed waiver or suspension is lawful, and would be more li…

(a) An operator who is aggrieved by an order issued by the board or the commissioner, except for an emergency shut down order, may request a hearing within 10 days of the service of the order. (b) Requests for a hearing shall be sent to the board at: Passenger Tramway Safety Boar…

(a) All objections, motions, replies, exhibits, memoranda, or other documents filed with the board in connection with a request for board action shall be served by the proponent upon all other parties to the proceeding by: (1) Depositing a copy of the document in the United State…

(a) The board shall schedule the date, time and place of the hearing. The date shall be scheduled at the earliest mutually convenient date. (b) The notice shall: (1) Comply with RSA 541-A:31, III; (2) Include information regarding continuances pursuant to Pas 204.01(a); (3) Be in…

(a) At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion, or its own initiative, shall request the parties to attend one or more prehearing conferences when such a conference would aid in the disposition of the proceeding. (b) M…

(a) A request for continuance of a hearing shall be made in writing and received by the board, absent exigent circumstances, at least 5 working days prior to the hearing. (b) Exigent circumstances shall include: (1) Serious illness; (2) Hospitalization; (3) Incarceration; (4) Dea…

(a) Parties may appear pro se or be represented by an attorney or as specified by RSA 311:1. (b) Parties or their representatives may cross-examine witnesses and present evidence and witnesses on their own behalf. (c) The presiding officer shall conduct and complete such question…

Unless called as witnesses, agency staff shall have no role in any enforcement hearing. Notes N.H. Admin. Code § Pas 204.03 #6320, eff 8-22-96; ss by #8132, eff 7-30-04

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 person who becomes a party shall have no role in any enforcement hearing. Notes N.H. Admin. Code § Pas 204.04 #8132…

(a) A petitioner shall state with particularity in his or her petition for intervention the following: (1) The petitioner's interest in the subject matter of the hearing; (2) The petitioner's position with respect to the subject matter of the hearing; (3) Why the interests of the…

(a) Except as otherwise provided by law, administrative hearings shall be open to the public. (b) Members of the press shall be admitted to the hearings whenever the public is permitted. If the press is present at a hearing, the presiding officer shall brief them, on the record, …

(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 board shall take official notice pursuant to RSA 541-A:33, V. (b) The board shall state on the record the matters of which he intends to take official notice, and afford the parties the opportunity to object. Notes N.H. Admin. Code § Pas 204.08 #8132, eff 7-30-04

The following shall govern the introduction and admissibility of evidence: (a) The rules of evidence shall not apply to passenger tramway safety board hearings; (b) All relevant evidence shall be admissible. Such evidence shall include, but not be limited to, depositions, affidav…

(a) 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. (b) Without limiting the generality of paragraph (a), above, all moving parties and all petitioners shall have the burden of…

Pursuant to RSA 225-A:20, the board shall: (1) Present written findings to the commissioner; (2) Make such order as the facts require. Notes N.H. Admin. Code § Pas 204.11 #8132, eff 7-30-04 The amended version of this section by New Hampshire Register Number 2, eff. 12/6/2024 is …

(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 on the motion of any party, shall reopen the record to receive newly discovered, relevant, material and non-duplicative testimony or evidence not p…

All appeals shall be pursuant to RSA 225-A:21. Notes N.H. Admin. Code § Pas 204.13 #8132, eff 7-30-04

(a) Petitions for rulemaking shall be in writing. (b) The petitioner shall include a cover letter stating the reason(s) for the proposed rule. (c) The petitioner shall include his/her name, address and telephone number. (d) Petitions shall be sent to the board at: Passenger Tramw…

(a) The board shall request additional information from the petitioner if such additional information is required to reach a decision. (b) The board shall deny the petition for rulemaking when the adoption, amendment or repeal of such rule results in: (1) A rule which is not with…

This part shall apply to rulemaking hearings required pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Pas 206.01 #8132, eff 7-30-04

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 § Pas 206.02 #8132, eff 7-30-04

(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) The…

Individuals may submit written or electronic comments to the board on proposed rulemaking actions any time from the time notice has been published until the end of the written comment period as set forth in the notice of rulemaking. Notes N.H. Admin. Code § Pas 206.06 #8132, eff …

(a) All hearings shall be tape recorded. (b) A written request for a copy of the tape may be sent to: Passenger Tramway Safety Board c/o Department of Safety Commissioner's Office 33 Hazen Drive Concord , NH 03305 . (c) Pursuant to RSA 91-A:4, a person requesting a copy of the ta…

(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 activi…

The board shall review the declaratory ruling petition at the meeting following receipt of the petition, unless the petition is received less than one week before the next scheduled meeting, in which case the board shall consider the petition at its next meeting. Notes N.H. Admin…

(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; (2) Reject the declaratory ruling petition if it is inadequate or beyond the scope of the board's authority as specified …