New Hampshire Administrative Code

Licensees shall send to the board's office within 30 days of any changes in: (a) Their names; (b) Home or business physical addresses; (c) Home or business mailing addresses; (d) Home or business telephone number or personal cell phone number if provided to the board; and (e) E-m…

Pursuant to RSA 328-F:21, II, licensees shall notify the board's office when their licenses or other proofs of licensure have been lost or stolen. Notes N.H. Admin. Code § Ath 406.04 Derived From Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10921, Effective 8/29/…

Licensees shall adhere to the ethical standards in Ath 500. Notes N.H. Admin. Code § Ath 406.05 Derived From Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10921, Effective 8/29/2015, Expires8/29/2025.

Licensees shall be candid and truthful when: (a) Making oral and written statements to the board; and (b) Making oral and written statements about athletic training to the public. Notes N.H. Admin. Code § Ath 406.06 Derived From Volume XXXV Number 36, Filed September 10, 2015, Pr…

Licensees shall cooperate with the board's investigations by: (a) Providing accurate factual information; (b) Responding to the board's requests in a timely fashion; and (c) Assisting in any other way requested by the board. Notes N.H. Admin. Code § Ath 406.07 Derived From Volume…

Licensees shall retain documentation of their continuing professional education and professional activities for at least 3 years. Notes N.H. Admin. Code § Ath 406.08 Renumbered From Ath 406.09Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10921, Effective 8/29/2015…

Licensees shall report the following to the board's office within 30 days, whether applicable to themselves or other licensees: (a) Any misdemeanor or felony conviction; (b) Disciplinary actions by regulatory authorities other than the New Hampshire governing board of athletic tr…

Licensees shall comply with RSA 326-G and its implementing rules, RSA 328-F and all other laws as they are applicable to them. Notes N.H. Admin. Code § Ath 501.01 #8407, eff 8-10-05; ss by #9100, eff 3-1-08 Amended by Volume XXXV Number 27, Filed July 9, 2015 , Proposed by #10869…

Licensees shall observe the following ethical principles: (a) Athletic trainers shall comply with the National Association of Athletic Trainers' (NATA) Code of Ethics issued on March 2018 except as modified in (b) below. (b) Modifications to the NATA Code of Ethics shall replace …

The rules of this title implement the statutory responsibilities of the new hampshire board of auctioneers created by RSA 311-B:2. Notes N.H. Admin. Code § Auc 101.01 #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92 New. #5441, eff 7-27-92; …

As used in these rules, the following terms shall have the meanings indicated: (a) "Absolute auction" means an auction without reserve:(1) In which the property offered for sale is sold to the highest bidder; (2) Where no minimum price will limit the bid; (3) Where the seller doe…

(a) The board consists of members who meet the eligibility requirements of RSA 311-B:2. (b) The board shall elect a chairman, vice-chairman and secretary at its regular March meeting. Notes N.H. Admin. Code § Auc 103.01 #6657, eff 1-1-98 Amended by Volume XXXVII Number 15, Filed …

The board shall designate such staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board's daily operations. Such staff members shall maintain all records of the board's activities and shall receive correspond…

(a) The board's office is within the secretary of state's office, at mailing address N.H. Board of Auctioneers, c/o Secretary of State's Office, State House Room 204, Concord, N.H. 03301-4989. (b) Correspondence, filings and other communications intended for the board shall be ad…

(a) The board shall, with the approval of the secretary of state, adopt rules for: (1) Registrations; (2) Renewals; (3) Disciplinary action; (4) the qualifications of applicants; (5) the establishment of fees; (6) Ethical and professional standards; (7) Conduct of hearings; (8) C…

Minutes shall be kept of board meetings and of official actions taken by the board. These minutes shall record the members who participate in each vote and shall separately record the position of members who choose to dissent, abstain or concur. Minutes of board actions which are…

The designated staff members shall be the custodian of the board's records and shall respond to requests to examine those records which are subject to public inspection or are otherwise accessible by the persons requesting access. Notes N.H. Admin. Code § Auc 104.02 #6657, eff 1-…

Persons desiring copies of board records shall submit such request, during the normal hours of the board office, identifying as particularly as possible the information being sought and agreeing to pay a copying fee of $.50 per page. If records are requested which contain both pu…

The board shall keep its records on file for at least 5 years. However, for decisions of the board made under Auc 203.20, the retention period shall be as specified in Auc 203.20(f). Notes N.H. Admin. Code § Auc 104.04 Derived From New Hampshire Register Volume 37, Number 50, Pro…

The board shall meet monthly, except by a vote of the board. The board shall meet also at the call of the chair. Notes N.H. Admin. Code § Auc 105.01 #6657, eff 1-1-98 Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12155, Effective 4/5/2017.

Tentative decisions shall not be binding upon the board. Changes in the form or the substance of a tentative decision shall be made as often as necessary to produce a final document which satisfactorily sets forth the final result the board intends to reach. The board's final dec…

(a) The board shall delegate investigatory and other functions within its jurisdiction to committees consisting of one or more board members when such delegations are necessary to achieve separation of functions, objectives, or to perform the board's work more efficiently. (b) Co…

Disciplinary proceedings pursuant to RSA 311-B:11 shall be commenced upon the receipt of a complaint of any person as provided in Auc 201.02, or upon the initiative of the board as provided in Auc 201.03. Notes N.H. Admin. Code § Auc 201.01 Derived From Volume XXXVII Number 28, F…

(a) All complaints shall be in writing and shall be filed in the board's office. (b) The complaint shall contain: (1) The name and current address of the complainant; (2) The specific facts or circumstances giving rise to the complaint; and (3) The particular action or conduct co…

Upon receipt of a written complaint that any licensee has violated RSA 311-B or these rules, the board shall initiate disciplinary proceedings hereunder pursuant to RSA 311-B:11 and RSA 541-A. Notes N.H. Admin. Code § Auc 201.03 Derived From Volume XXXVII Number 28, Filed July 13…

(a) Upon receipt of a complaint, the board shall initiate disciplinary proceedings. If an investigation is authorized by the board, the chairman shall appoint a member of the board, or some other person, to act as an investigator and, if applicable, prosecutor in the particular c…

(a) Whenever a disciplinary hearing shall be conducted, the hearing shall be scheduled and notice of the hearing shall be given to the respondent licensee and the complainant(s) at least 14 days prior to the scheduled hearing, by prepaid certified mail, return receipt requested. …

Unless called as witnesses, agency staff shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § Auc 201.06 Derived From Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12201-A, Effective 6/7/2017.

(a) Whenever a disciplinary hearing shall be conducted, the complainant or the respondent may request a pre-hearing conference. Such conference shall also be scheduled in cases where the board determines that such a conference will lead to a more expeditious resolution of the dis…

(a) The complainant and the respondent may request of each other materials and/or documents relative to the subject matter involved. (b) If either party fails or refuses to provide the requested materials and/or documents, the party that has been unable to acquire the materials, …

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 agency on the actual date of receipt by the agency, as evidenced by a date stamp placed on the document by the agency i…

(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 propo…

(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 to the proceeding. (b) All notices, orders, decisions or other documents issued by the pr…

(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) Motions shall be in written form and filed with the board, 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 objection to such m…

(a) A party or the party's representative shall file an appearance that includes the following information: (1) A brief identification of the matter; (2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in …

(a) Upon his or her own initiative or upon the motion of any party, a board member shall, for good cause withdraw from any hearing. (b) Good cause shall exist if the board member: (1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial…

(a) A non-party, including, but not limited to, the original complainant, may intervene in a matter pending before the board, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the …

(a) Any party 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 to the hearing, it shall be granted if the board determines that good cause has been demonstrated. Good cause shall inc…

If any party, to whom notice has been given in accordance with Auc 201.05, fails to attend a hearing, the board shall declare that party to be in default and shall either: (a) Dismiss the case, if the party with the burden of proof fails to appear; or (b) Hear the testimony and r…

(a) The board shall record the hearing by electronic recording or other method that will provide a verbatim record. (b) If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon receipt of payment for the cost of the tran…

The party 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 § Auc 203.12 Derived From Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12201-A, Effective 6/7/2017.

(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 board as irrelevant, immaterial, unduly repetitious, or legally privileged. (c) All obj…

All witnesses appearing before the board shall testify under oath or affirmation. Oaths or affirmations shall be administered by the board. Notes N.H. Admin. Code § Auc 203.15 Derived From Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12201-A, Effective 6/7/2017.…

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

(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 paragraphs (b) of this section and Auc 203.18. (b) Before the conclusion of the hearing, a party may request that the record be left o…