New Hampshire Administrative Code

(a) For purposes of this section, "party" means:(1) The prosecutor or the respondent, in any disciplinary or non-disciplinary remedial proceeding; or (2) The applicant, in any licensing proceeding. (b) A party shall be in default if the party: (1) Has the overall burden of proof;…

(a) If a hearing is held in a participant's absence pursuant to Plc 206.25, the participant may file a motion within 10 days after the date of the hearing to reconvene the hearing. (b) The motion to reconvene the hearing shall include an explanation of why the participant did not…

(a) Participants may submit proposed findings of fact or conclusions of law. (b) If proposed findings of fact or conclusions of law are submitted, each requested finding or conclusion shall be set forth in a separately numbered paragraph. (c) The presiding officer shall direct an…

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b), below, and Plc 206.29. (b) Before the conclusion of the hearing, a participant may request that the record be left open to allow …

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

(a) As provided in RSA 310:10, IV, the presiding officer in any disciplinary or non-disciplinary remedial proceeding shall preside at the hearing, administer oaths or affirmations to witnesses, rule on questions of law and other procedural matters, and issue final orders based on…

(a) For purposes of this section, "petition for rehearing" shall include a request for rehearing after denial of an application for licensure. (b) A petition for rehearing shall be filed within 30 calendar days after service of a final order in a disciplinary or non-disciplinary …

(a) In a disciplinary or non-disciplinary remedial proceeding, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that: (1) The law was applied incorrectly; (2) The facts o…

(a) Pursuant to RSA 310:14, I: (1) Any person who has been denied a license or certification by a board shall have the right to a rehearing; and (2) A request for a rehearing shall be made within 30 days of receipt of the final decision. (b) Pursuant to RSA 310:14, II, any person…

The OPLC shall keep a final board decision for at least 5 years following its date of issuance, unless the director of the division of records management of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40 or approves a different …

(a) The purpose of this part is to provide uniform procedures for the conduct of non-adjudicative proceedings, in particular oral public hearings. The rules in this part shall be construed and implemented in compliance with the requirements of RSA 91-A, in particular RSA 91-A:2 r…

(a) Notice of the date, time, and place of an oral public hearing on rules proposed by the executive director shall be given by:(1) Publication of a rulemaking notice that complies with RSA 541-A:6, I or RSA 541-A:19-a, II, as applicable, in the "NH Rulemaking Register" published…

(a) All oral public hearings conducted by a policy-autonomous board shall be conducted in compliance with RSA 91-A, in particular RSA 91-A:2 relative to meetings of boards generally, and RSA 91-A:2, IV relative to meetings of state boards specifically, which is reprinted in Appen…

(a) Subject to (b), below, notice of the date, time, and place of an oral public hearing conducted by a policy-autonomous board to receive comments on proposed rules shall be given by:(1) Publication of a rulemaking notice that complies with RSA 541-A:6, I or RSA 541-A:19-a, II, …

As required by RSA 541-A:11, II, for rules proposed by the executive director, each hearing shall be attended by the executive director or a designee who is knowledgeable in the particular subject area of the proposed rules. Notes N.H. Admin. Code § Plc 207.05 Derived from (See R…

(a) As required by RSA 541-A:11, II, for rules proposed by a policy-autonomous board, each hearing on proposed rules shall be attended by a quorum of the board's members. (b) Board members shall not participate in any hearing on proposed rules via electronic means except in stric…

(a) The presiding officer for an oral public hearing conducted by or on behalf of the executive director shall be the executive director or designee who is knowledgeable in the subject area of the subject of the hearing. (b) The presiding officer for an oral public hearing for a …

(a) Non-adjudicative hearings shall be open to the public, and members of the public shall be entitled to attend and to testify if they so choose, subject to the limitations of Plc 207.06. (b) Subject to (c), below, each individual who wishes to testify shall be asked to write on…

The presiding officer at an oral public hearing shall: (a) Refuse to recognize for speaking or revoke the recognition of any individual who: (1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant to the subject matter of the hearing; or (3) Res…

(a) A hearing on rules proposed by the executive director shall be postponed only in accordance with RSA 541-A:11, IV or IV-a, provided that if the hearing is postponed, notice of the new date, time, and place of the hearing and, if applicable, the information required by RSA 541…

(a) An oral public hearing on proposed rules shall be continued past the scheduled time or to another date if such continuance is necessary to provide a reasonable opportunity for public comment, as provided in RSA 541-A:11, III. (b) If a hearing on rules proposed by the executiv…

If an oral public hearing on proposed rules is postponed or continued, then: (a) The deadline for public comment shall be rescheduled as necessary to ensure the time periods required by RSA 541-A:11, I(b) are met; and (b) Notice of the new deadline shall be given with the notice …

(a) A hearing on rules proposed by the executive director that is not a hybrid hearing or a virtual hearing shall be moved to another location only in accordance with RSA 541-A:11, V. (b) A hearing on rules proposed by a policy-autonomous board that is not a hybrid hearing shall …

(a) The electronic access information for a hybrid or virtual hearing to receive comments on rules proposed by the executive director shall not be changed except in accordance with RSA 541-A:11, V-a. (b) The electronic access information for a hybrid hearing to receive comments o…

(a) The presiding officer shall close the oral public hearing when he or she determines that no one has further questions or comments that are relevant to the subject of the hearing. (b) At an oral public hearing other than a rulemaking hearing, if additional time is requested to…

The rules in this part shall apply to any petition submitted to the executive director or a board pursuant to RSA 541-A:4. Notes N.H. Admin. Code § Plc 208.01 Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12863, Effective 9/4/2019. Amended by (See Re…

(a) Any person wishing to file a petition to adopt, readopt with amendments, or repeal a rule in title Plc shall file the original and one copy of the petition with the executive director, provided that only the original or other single copy shall be required if the petition is f…

A petition to adopt, readopt with amendments, or repeal a rule shall contain the following: (a) The name of each person requesting the adoption, readoption with amendments, or repeal of the rule, with an e-mail address for the person; (b) If the person making the request is other…

The petitioner shall have the burden of persuasion relative to demonstrating that the criteria for denying the petition specified in Plc 208.05(e) are not met. Notes N.H. Admin. Code § Plc 208.04 Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12863, E…

(a) Within 30 days of the submission of a petition to adopt, readopt with amendments, or repeal a rule in title Plc, the executive director shall: (1) Determine whether to grant or deny the petition; and (2) Notify the petitioner of the decision in writing sent to the email addre…

(a) 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 executive director, for any rule in title Plc, or to the board that adopted the rule, for rules in any title other than Plc…

(a) The executive director or the board that adopted the rule, as applicable, shall provide a written response within 90 days of receiving a request in accordance with Plc 209.01 if no board meeting is required or within 60 days of the board's first meeting after receiving the pe…

(a) The purpose of this part is to establish a mechanism whereby a person who is uncertain of the applicability of a particular statute implemented by the executive director or a board or a rule adopted by the executive director or a board may request a decision in advance of tak…

(a) Any person seeking a declaratory ruling from the executive director or for a profession for which the board is advisory or for which there is no board shall file a written petition for declaratory ruling that meets the requirements of Plc 210.03 with the executive director in…

(a) A petition for declaratory ruling shall contain: (1) The name and mailing address of the petitioner and, if the petitioner is filing electronically or is filing on paper but agrees to receive the notice under Plc 210.04(b) and a response by email, the email address to which t…

(a) Within 25 days of receipt by the executive director of a petition for declaratory ruling, the executive director shall review the petition to determine: (1) Whether additional information or explanation is needed from the petitioner; and (2) Whether the complexity of the peti…

(a) Subject to (c), below, the executive director shall make a decision on the petition and, if the petition is not denied, issue a declaratory ruling in writing within 60 days of:(1) Receipt of the petition, if no additional information or explanation from the petitioner or assi…

(a) Any participant in a non-adjudicative proceeding or otherwise affected by the rules in Plc 200, other rules in title Plc, or the rules of a policy-autonomous board who wishes to request a waiver of a rule shall proceed in accordance with this section. (b) Waiver requests made…

For purposes of this part, the following definitions shall apply: (a) "Decision maker" means the person who has the authority to rule on a petition for waiver, such as the executive director, presiding officer, or board. (b) "Petition for waiver" means the document, or the totali…

A petition for waiver of a rule filed under this part shall: (a) Be directed to the presiding officer if one has been designated, or to the executive director or board if no presiding officer has been designated; (b) Be in written form, unless made in response to a matter asserte…

A petition for waiver filed under this part shall include a clear and concise statement of the reason(s) why the waiver is being sought, including an explanation that addresses: (a) All of the relevant facts of the matter; (b) The economic and operational consequences to the peti…

(a) If the petition asserts that any other identifiable person(s) would be harmed or otherwise disadvantaged by the proposed relief, the petitioner shall: (1) Serve the petition on each such person; and (2) Advise such persons of their right to reply to the petition within 10 day…

(a) Any person who receives service of a petition pursuant to Plc 211.05 who wishes to respond to the petition shall file a written response within 10 days of receipt of the petition that includes:(1) The name and address of the person who is filing the response; (2) If the perso…

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as are ordered by the decision maker after reviewing the petition and any response(s) received. (b) If a request for waiver is made orally at an oral public hearing a…

(a) The decision maker shall rule upon a waiver request only after: (1) Fully considering all factors relevant to the request; and (2) Affirmatively finding that good cause, as described in (c) and (d), below, exists to grant a waiver. (b) If the decision maker does not find good…

A board shall waive a rule upon its own motion only if the board: (a) Provides affected persons with notice and an opportunity to be heard; and (b) Issues an order that finds that good cause exists for granting the waiver. Notes N.H. Admin. Code § Plc 211.09 Derived from (See Rev…

For any proceeding where the board is an advisory board, if the executive director determines that the technical expertise of the advisory board is needed to respond to a petition for a waiver, the executive director shall consult with the advisory board prior to making a decisio…