New Hampshire Administrative Code

The board shall not permit a waiver of these rules. Notes N.H. Admin. Code § Arb 201.02 #7188, eff 1-5-00; ss by #8996, eff 9-28-07

"Board" means "board" as defined in RSA 357-D:2,I. Notes N.H. Admin. Code § Arb 202.01 #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92 New. #5461, eff 9-3-92; ss by #5730, eff 10-27-93; ss by #6994, eff 5-7-99; amd by #7188, eff 1-5-00; amd by #8882, INTERIM, eff 5-5-07, EXPIRES: 11-…

"Consumer" means "consumer" as defined in RSA 357-D:2,III. Notes N.H. Admin. Code § Arb 202.02 #8996, eff 9-28-07 (from Arb 202.01)

"Gross weight" means "gross vehicle weight rating" as defined in RSA 259:38-b. Notes N.H. Admin. Code § Arb 202.03 #8996, eff 9-28-07 (from Arb 202.01)

"Hearing" means the arbitration procedure, established under RSA 357-D, in which the legal rights, duties, immunities and privileges of the parties are determined by the board. Notes N.H. Admin. Code § Arb 202.04 #8996, eff 9-28-07 (from Arb 202.01)

"Lessee" means "lessee" as defined in RSA 357-D:2,VIII. Notes N.H. Admin. Code § Arb 202.05 #8996, eff 9-28-07 (from Arb 202.01)

"Lessor" means a person who leases a motor vehicle to a lessee pursuant to a written agreement for a term of 2 or more years. Notes N.H. Admin. Code § Arb 202.06 #8996, eff 9-28-07 (from Arb 202.01)

"Manufacturer" means "manufacturer" as defined in RSA 357-D:2,IX. Notes N.H. Admin. Code § Arb 202.07 #8996, eff 9-28-07 (from Arb 202.01)

"Motor vehicle" means "motor vehicle" as defined in RSA 357-D:2,X. Notes N.H. Admin. Code § Arb 202.08 #8996, eff 9-28-07 (from Arb 202.01)

"Party" means "party" as defined in RSA 541-A:1,XII. Notes N.H. Admin. Code § Arb 202.09 #8996, eff 9-28-07 (from Arb 202.01)

"Working days" means days exclusive of Saturdays, Sundays, and state and federal holidays. Notes N.H. Admin. Code § Arb 202.10 #8996, eff 9-28-07 (from Arb 202.01)

(a) A consumer or lessee shall request a hearing before the board on the demand for arbitration, form CPMVA-2, provided by the manufacturer as specified in RSA 357-D:4, I. (b) A legible photocopy of the request for a hearing, together with legible photocopies of all supporting da…

(a) Pursuant to RSA 357-D:4, III, a filing fee shall be paid by the consumer or lessee and the manufacturer as follows: (1) The consumer or lessee shall submit the fee, upon filing the demand for arbitration, form CPMVA-2; and (2) The manufacturer shall submit the fee, upon recei…

(a) The manufacturer shall:(1) Comply with all requests for documents specified by the consumer or lessee in section 6 of Demand for Arbitration, form CPMVA-2; (2) Provide the board 6 legible photocopies, and all opposing parties, one legible photocopy, of dealer generated work o…

The manufacturer's final repair opportunity shall occur between the date the demand for arbitration is accepted by the board and the date of the scheduled hearing. Notes N.H. Admin. Code § Arb 203.04 #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92 New. #5461, eff 9-3-92, EXPIRED 9-3-…

(a) The board shall schedule the date, time and place of the hearing. The date shall be scheduled within the time period permitted by RSA 357-D:4, IV. (b) The notice shall: (1) Comply with RSA 541-A:31, III; (2) Include information regarding continuances pursuant to Arb 203.06; (…

(a) The board shall grant up to a 30-day extension of time to schedule a hearing pursuant to RSA 357-D:4, IV if a party demonstrates exigent circumstances. (b) Exigent circumstances shall include:(1) Hospitalization; (2) Serious illness; (3) Incarceration; (4) Death of a family m…

(a) Parties may be represented:(1) Pro se; (2) By legal counsel; or (3) Pursuant to RSA 311:1 by any citizen of good character. (b) If an attorney files an appearance on behalf of a party, all subsequent correspondence from the board and all other parties shall be forwarded to th…

(a) All arbitration hearings shall be open to the public. Notes N.H. Admin. Code § Arb 203.08 #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92 New. #5461, eff 9-3-92; amd by #6202, eff 3-13-96; ss by #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99 New. #6994, eff 5-7-99; ss by #8882, INTE…

(a) If a consumer or lessee has elected to use the dispute settlement mechanism or the arbitration provisions established by the manufacturer, pursuant to RSA 357-D:4, I, the consumer shall be precluded from raising those particular defects before the board. (b) A consumer or les…

(a) A consumer or lessee may withdraw his/her request for a hearing in writing to the board. (b) Pursuant to RSA 357-D:4, V, if a consumer or lessee withdraws his/her request for a hearing due to corrective work done by the manufacturer, the consumer or lessee may recommence his/…

(a) All parties shall be provided with all documents and records requested relative to the issues raised in the demand for arbitration no later than 5 working days prior to the date of the scheduled hearing. (b) All discovery requests shall be in writing and shall be honored unle…

(a) A prehearing conference shall:(1) Be scheduled on the motion of the board or at the request of a party; (2) Consider the topics under RSA 541-A:31, V(c); and (3) Be conducted by a member of the board designated by the chair of the board. Notes N.H. Admin. Code § Arb 203.12 #6…

(a) In computing any period of time prescribed or allowed by these rules or RSA 357-D: (1) The day of the act, event, or default after which the designated period of time begins to run shall not be included; and (2) The last day of the period so computed shall be included unless …

Unless otherwise specified by law or these rules, the burden of proof shall be on the moving party. Notes N.H. Admin. Code § Arb 203.14 #7188, eff 1-5-00; ss by 8996, eff 9-28-07

Unless permitted pursuant to RSA 541-A:32, intervenors shall not be allowed in any action before the board. Notes N.H. Admin. Code § Arb 203.15 #7188, eff 1-5-00; ss by 8996, eff 9-28-07

At the request of the board, department of safety staff may be present at any board meeting or proceeding. Notes N.H. Admin. Code § Arb 203.16 #7188, eff 1-5-00; ss by 8996, eff 9-28-07

(a) The board shall conduct a hearing on all issues for decision. (b) Each party shall have the opportunity to: (1) Examine all documents and records used at the hearing; (2) Have witnesses and cross examine adverse witnesses; (3) Express all relevant facts through oral, written …

(a) Arbitration hearings shall not be bound by the rules of evidence. (b) All evidence may be introduced, and may include but not be limited to:(1) Depositions; (2) Affidavits; (3) Official documents; and (4) Testimony or witnesses. (c) Applicable statutory and constitutional pri…

Pursuant to RSA 357-D:3, VI, the manufacturer may assert any affirmative defenses. The consumer or lessee may then introduce evidence to rebut the manufacturer's case. Notes N.H. Admin. Code § Arb 204.03 #6994, eff 5-7-99; ss by #8882, INTERIM, eff 5-5-07, EXPIRES: 11-1-07; ss by…

(a) All motions shall be written unless presented orally at the hearing. (b) The board shall rule on a motion when made or take the motion under advisement. Notes N.H. Admin. Code § Arb 204.04 #6994, eff 5-7-99; ss by #8882, INTERIM, eff 5-5-07, EXPIRES: 11-1-07; ss by 8996, eff …

The board shall take official notice pursuant to RSA 541-A:33, V. Notes N.H. Admin. Code § Arb 204.05 #6994, eff 5-7-99; ss by #8882, INTERIM, eff 5-5-07, EXPIRES: 11-1-07; ss by 8996, eff 9-28-07

(a) Oral and written evidence and testimony presented at the hearing shall constitute the record for the purpose of rendering the board's decision and appeal pursuant to RSA 357-D:6. (b) The board shall record all hearings and shall so notify the parties. (c) The board shall:(1) …

(a) Each board member shall, at any stage of the hearing process, withdraw from a case if he/she:(1) Presently, or in the past, has had a personal or business relationship with a party, witness or representative that may hinder him/her from arriving at an impartial decision on th…

(a) For the purpose of rendering a decision, 3 members of the board shall constitute a quorum. (b) The board shall determine whether the consumer or lessee is entitled to a refund or replacement pursuant to RSA 357-D:4,VI. (c) All decisions shall be reached on the basis of a prep…

(a) A case shall be reopened when:(1) A party alleges the existence of newly-discovered evidence which due diligence would not have discovered prior to the hearing; or (2) A party alleges any material error, omission, misconstruction of applicable statutes or rules or misrepresen…

Any appeal shall be filed with the superior court pursuant to RSA 357-D:6. Notes N.H. Admin. Code § Arb 204.10 #7188, eff 1-5-00 (from Arb 204.09); ss by 8996, eff 9-28-07

(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending or repealing a rule. (b) All petitions for rulemaking pursuant to (a) above shall be in writing. (c) The petition for rulemaking shall include the following: (1) Petitioner's name,…

(a) Within 30 days of the filing of the petition for rulemaking, the board shall notify the petitioner, in writing, whether the petition is granted or denied. (b) If the petition is granted, the board shall commence a rulemaking proceeding in accordance with the requirements of R…

(a) Any person may request the board to issue a declaratory ruling on the following matters: (1) Any statutory provision that vests authority in the board; (2) Any rule of the board; or (3) Any order of the board. (b) All petitions for a declaratory ruling pursuant to (a) above s…

(a) Within 30 days of the filing of the petition for declaratory ruling, the board shall notify the petitioner, in writing, whether the petition is granted or rejected. (b) If the petition is granted, the board shall issue a declaratory ruling in accordance with the requirements …

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 § Arb 207.01 #9116-A, eff 3-27-08

(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" pursuant to the requirements of RSA 541-A:6, I. (b) Nothing in these rules shall prohibit the board from giving greater notice than the minimums set…

(a) Public comment hearings shall be open to the public and members of the public shall be entitled to testify, subject to the limitations set forth in Arb 207.04. (b) Any person who wishes to speak on the issue(s) that are the subject of the hearing shall submit the following on…

(a) The chair of the board or the chair's designee shall: (1) Refuse to recognize any person who fails to provide a complete name and address; (2) Revoke the recognition of any person who speaks or acts in an abusive or disruptive manner; (3) Revoke the recognition of any person …

(a) Public comment hearings shall be open to the print and electronic media, subject to the limitations set forth in (b) below. (b) The chair of the board or the chair's designee shall, if necessary to allow the hearing to go forward: (1) Limit the number of media representatives…

(a) Public comment hearings shall be presided over by the chair of the board or the chair's designee. (b) The chair of the board or the chair's designee shall:(1) Call the hearing to order; (2) Identify the proposed rules that are the subject of the hearing and provide copies of …