New Hampshire Administrative Code

(a) The rules in this section are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of an agency prior to appealing the decision. (b) The rules in this section shall apply whenever any person ha…

(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains: (1) A statement of the petitioner's request for the proposed rule; (2) The text of the proposed rule or a statement…

(a) The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a reasoned decision. (b) The board shall grant the petition for rulemaking unless the adoption, amendme…

(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition consistent with this section. (b) Such a petition shall also set forth the following information: (1) The exact ruling being requeste…

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received. (b) Upon review and consideration, the board shall within 90 days respond to the peti…

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by a quorum of the board relative to the adoption, amendment or repeal of a board rule under R…

These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited under RSA 541-A:11. They shall not apply to contested cases as defined by RSA 541-A:1, IV. Notes N.H. Admin. Code § Auc 205.02 Derived From Volume…

In accordance with RSA 541-A:6, the board shall give at least 20 days prior notice in the N. H. Rulemaking Register of its intent to hold a public hearing and the cut-off date for the submission of written testimony pursuant to RSA 541-A:11, I, on any proposed adoption, amendment…

(a) In accordance with RSA 541-A:11, IV, a public hearing shall be postponed when:(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so; or (2) Postponement will facilitate greater participation by the …

(a) Public comment hearings shall be open to the print and electronic media. (b) The presiding officer shall place limits on the activities of the media to avoid disruption in the following ways: (1) Limit the placement of television cameras to certain locations in the hearing ro…

(a) The hearing shall be presided over by the presiding officer who shall be the board chair or designee. (b) The presiding officer shall: (1) Call the hearing to order; (2) Cause a recording of the hearing to be made; (3) Place a limit on the media to avoid disruption as set out…

(a) Any person who wishes to provide verbal testimony on the issue or issues which are the subject of the hearing shall provide their name, contact information and whom they represent in writing to the presiding officer. (b) The board, through the presiding officer, shall: (1) Re…

(a) Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule. (b) Each petition shall be in legible written form and addressed to the board as follows: Board of Auctioneers State House Room 204 107 North Main Street Con…

(a) Each applicant for a New Hampshire auctioneer's license under RSA 311-B shall complete and submit an application for a license as an auctioneer containing the following information about the applicant:(1) Name and date of birth; (2) Residence and business address, telephone n…

The non-resident application shall have the same information as the resident application with the addition of a power-of-attorney appointing the New Hampshire Secretary of State's office as said out of state auctioneer's attorney for purposes of service of process in New Hampshir…

(a) Each applicant for licensure who is a military spouse pursuant to RSA 332-G:7, III shall apply to the board for licensure on an application for licensure form as specified in Auc 301.01 and pay the fee set forth in Auc 304.01. (b) Each applicant for facilitated licensing as a…

For an affidavit of apprenticeship to be accepted by the board under Auc 301.01(h)(1), an apprenticeship shall be served under one or more auctioneers for a period of not less than 6 months, with participation in all phases of auctioneering, as described in Auc 301.01(j) over the…

(a) For the purposes of this section, an "instructional hour" means at least 50 minutes of classroom instruction. (b) For a certificate of graduation from an auction school to be accepted by the board under Auc 301.01(h)(2), the applicant shall have successfully completed the pro…

In order to qualify as a board certified auctioneering school, the auctioneering school shall provide a history of the school and its qualifications as well as a list of intended instructors and their qualifications, and a course curriculum and schedule to demonstrate that: (a) T…

(a) In addition to the requirements of RSA 311-B:5, each applicant, excluding applicants granted reciprocity under RSA 311-B:6 and Auc 301.01(h)(3), shall pass a written examination in the following subject areas: (1) State and federal statutes and administrative rules relative t…

(a) Applicants shall submit a completed auctioneer licensing examination registration form to take the written examination. The registrations for the examination, including the $75 examination fee, shall be submitted to the board at least 2 weeks prior to the examination date. Qu…

The board shall notify each applicant, in writing only, of the results of said examination by section within 14 days of the examination. Results shall not be released by telephone. License application shall be within 6 months of passing of the examination, otherwise the examinati…

(a) The fee for a New Hampshire auctioneer's license shall be $200.00 per 2 year term. Notes N.H. Admin. Code § Auc 304.01 Derived From Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12201-B, Effective 6/7/2017, Expires 6/7/2027.

(a) The fee for renewal of a New Hampshire auctioneer's license shall be $200.00 per 2 year term. (b) For any renewal submitted after the expiration date as allowed by Auc 401.03, there shall be an additional late fee of $100.00. Notes N.H. Admin. Code § Auc 304.02 Derived From V…

The fee for registration for the New Hampshire auctioneer's licensing examination shall be $75.00. This fee includes the provision of a copy of the auctioneer licensing bulletin. Copies of pages of this document may also be obtained separately by paying the per page copying fee s…

(a) On issuance of a New Hampshire auctioneer's license, each licensee shall receive a license number which the licensee shall retain as long as licensed and said license is renewed pursuant to Auc 401. (b) A license number shall not be assigned to anyone other than to the person…

(a) Each licensee seeking renewal shall submit a renewal form containing the following information about the licensee, prior to the license expiration date: (1) License number; (2) Name and date of birth; (3) Residence and business address and telephone numbers, and, if existing,…

A renewal form shall be mailed to each licensee's address of record at least 30 days in advance of the expiration of his license. Notes N.H. Admin. Code § Auc 401.02 Derived From Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12201-B, Effective 6/7/2017, Expires 6/7/2…

(a) If a license is not renewed before the expiration date, then the license shall be deemed to have expired, and a license may renew an expired license up to 6 months after its expiration date by complying with the requirements of RSA 311-B:10 and Auc 401.01 and by submitting th…

(a) The board shall place an auctioneer on inactive status upon receipt of: (1) A written request; and (2) Proof of active duty service in the Armed Forces of the United States. (b) The board shall return an auctioneer to active status upon receipt of:(1) A renewal form that is c…

The ethical standards set forth in this part shall bind all licensees, and violation of any such standard shall be a basis for imposing disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by an unlicensed person or during a prior period of licens…

(a) A licensee shall submit only truthful and correct information in any application or other document filed with or statement made to the board. (b) A licensee shall inform the board of a principal business address to which all official board communications should be directed. T…

(a) No licensee shall accept an item for sale at an auction without first having a written agreement with the owner or authorized agent of any property to be sold. The agreement shall contain the terms and conditions upon which the auctioneer received the goods for sale, includin…

(a) It shall be a violation of these rules to advertise a bankruptcy sale unless the item(s) offered for sale, whether real or personal, are from an active bankruptcy action. Before conducting an auction as a bankruptcy sale the majority of the items in the sale shall come from t…

The rules of this title implement the statutory responsibilities of the New Hampshire ballot law commission. Notes N.H. Admin. Code § Bal 101.01 #6262, eff 6-7-96

As used in these rules, the following term shall have the meaning indicated: (a) "Commission" means the New Hampshire ballot law commission. Notes N.H. Admin. Code § Bal 102.01 #6262, eff 6-7-96

The commission shall be organized in accordance with RSA 665:1. Notes N.H. Admin. Code § Bal 103.01 #6262, eff 6-7-96

The commission shall have the duties and responsibilities set forth in RSA 665. Notes N.H. Admin. Code § Bal 103.02 #6262, eff 6-7-96

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

The secretary of state shall be the custodian of the commission=s records and shall respond to requests to examine those records which are subject to public inspection. Notes N.H. Admin. Code § Bal 104.02 #6262, eff 6-7-96

Persons desiring copies of commission records shall submit a request in writing which identifies as particularly as possible the information being sought and agrees to pay a copying fee of $.25 per page. If records are requested which contain both public and confidential informat…

The commission shall meet as required by statute, and at such additional time as are called for by the chairman or by vote of the commission. In case any member of the commission is absent from any meeting or unable to perform his or her duties or disqualifies himself or herself …

The commission conducts various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its jurisdiction. Notes N.H. Admin. Code § Bal 201.01 #6263, eff 6-7-96

(a) The secretary of state shall refuse to accept any document for filing which fails to comply with these Rules. The party attempting to file the document shall either bring the document into compliance and refile it or request the commission to waive its rules. The commission s…

If requested the commission shall grant a waiver of any requirement imposed by this chapter if the commission finds that good cause exists. In determining whether good cause exists the commission shall consider the magnitude of the waiver, the reason and necessity for the waiver …

(a) A person appearing before the commission may be represented by an attorney or other representative. (b) If the representative is not an attorney, the party and the proposed representative must sign a statement authorizing the representative to act on behalf of the party. (c) …

Any time period specified in this chapter shall begin with the day following the act, event, or default, and shall include the last day of the period, unless it is Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next day which is…