New Hampshire Administrative Code

(a) All complaints, petitions, motions, and replies filed with the commission shall be signed by the proponent of the document r, if the party appears by a representative, by the representative. (b) The signature on a document filed with the commission shall constitute a certific…

(a) Complaints shall be filed with the commission with copies of the complaint being served on persons reasonably believed to have interests adverse thereto and on the moderator and clerk of the town, city or voting district involved, if any. (b) Applications, petitions for rulem…

(a) All petitions shall contain:(1) The name and address of the petitioner; (2) The name and address of the petitioner's representative, if any; (3) A concise statement of the facts which warrant the relief requested from the commission; (4) The description of the action which th…

(a) Unless presented during an oral session of a proceeding, all motions and objections shall be in writing. (b) All motions shall state clearly and concisely: (1) The purpose of the motion; (2) The relief sought by the motion; (3) The statutes, rules, orders, or other authority …

This part shall govern all proceedings conducted by the commission except rulemaking and declaratory judgment proceedings. Notes N.H. Admin. Code § Bal 206.01 #6263, eff 6-7-96

(a) The commission shall commence an adjudicative proceeding by issuing a notice to the parties at least 15 days before the hearing date. (b) The notice commencing an adjudicative proceeding shall:(1) Identify the parties to the proceeding as of the date of the order; (2) Specify…

(a) The commission shall assign each adjudicatory proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the commission's legal counsel in the civil bureau, department of justice. The hearing notice shall be served upon the respondent, and…

Petitions for intervention shall be considered in accordance with RSA 541-A:32. Notes N.H. Admin. Code § Bal 206.04 #6263, eff 6-7-96

Any party in an adjudicative proceeding may be represented by counsel, but an attorney appearing on behalf of a party shall first file a letter announcing the fact of representation at the earliest date practical. Parties shall retain counsel at their own expense and requests for…

(a) At any time following the commencement of an adjudicative proceeding, the presiding officer shall direct all interested parties to attend one or more prehearing conferences to narrow issues and to aid in the disposition of the proceeding if the presiding officer determines th…

(a) Subpoenas for the attendance of witnesses at or the production of evidence at hearings shall be issued upon the order of the commission or by a justice of the peace in accordance with RSA 665:11. A party requesting the commission to issue a subpoena shall attach a copy of the…

(a) Proceedings shall not be conducted under the rules of evidence, but the evidentiary privileges recognized by the law of New Hampshire shall apply to proceedings under this chapter. (b) All data which will reasonably assist the commission arrive at the truth shall be admissibl…

(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…

The method of proceeding under this part shall be determined as follows: (a) Where facts material to the subject matter of the proceeding are in dispute, the proceeding shall, consist of a trial-type evidentiary hearing with the subsequent submission of memoranda; (b) Where there…

The commissioners may question witnesses and make such inquiry of witnesses, parties or counsel, they believe appropriate. Notes N.H. Admin. Code § Bal 206.11 #6263, eff 6-7-96

(a) Any party may submit proposed findings of fact and conclusions of law, provided that each proposed finding states a fact or conclusion of law that is essential to the issues to be decided by the commission. (b) The commission shall rule on each such proposed finding. Notes N.…

Once a notice of hearing has been issued in an adjudicatory proceeding, no party shall communicate with any participating commission member, concerning the merits of the case except upon notice to all parties and in accordance with the rules of this chapter. Nor shall any party c…

A commission rule, or any amendment or repeal thereof, shall be adopted after notice and opportunity for a legislative-type hearing as provided by RSA 541-A:3 et seq. Rules may be proposed by the commission acting on its own motion or the commission may be requested to adopt, ame…

Any person may request the commission to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a petition which contains: (a) The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the im…

The commission shall grant a petition to adopt, amend or repeal a rule if the proposal is consistent with the election laws of the State of New Hampshire, advances the purposes thereof and, if implemented, would be required to be adopted as a rule. If the petition is denied, the …

The commission shall commence a rulemaking proceeding by following the procedures set forth in RSA 541-A:3 et seq. Notes N.H. Admin. Code § Bal 211.04 #6263, eff 6-7-96

(a) Any person may request a declaratory ruling from the commission on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Bal 205.01(a). (b) Such a petition shall also set forth the following information:(1) The exact ruling being request…

(a) If examination of a petition for declaratory ruling reveals that other persons would be substantially affected by the proposed ruling, the commission shall require service of the petition on such persons and advise them that they may file a reply pursuant to Bal 205.01(b). (b…

The rules of this chapter govern the use of voting machines approved by the ballot law commission for elections conducted in the State of New Hampshire. Nothing in these rules shall be construed to grant authority to any town, ward, city, or other political jurisdiction to use vo…

(a) The city or town clerk shall be the custodian of the voting machines or devices in said city or town. The clerk shall have custody of keys and/or one master key for clearing the machines. The clerk shall instruct all election officials prior to an election as to their duties …

Write-in votes shall be provided for in every election contest. Whenever more than one candidate is to be elected in any contest and the casting of a write-in vote for a candidate whose name is on the machine for that contest could enable a voter to vote more than once for a cand…

There shall be furnished at least one machine for every 600 qualified voters or fraction thereof in excess of 100 whose names are upon the checklist in said ward or town at the closing of said list prior to the election. Notes N.H. Admin. Code § Bal 602.03 #6263, eff 6-7-96

(a) All ballots provided for voting machines and devices shall be printed in black ink on clear, white material, of such size as will fit the ballot label frame, and in as plain, clear type as the space will reasonably permit. The face of the ballot and/or ballot label shall be c…

The secretary of state shall prior to the election prepare sample ballots. Such sample ballots shall be designed in the form of a diagram showing such part of the face of the voting machine or device as shall be in use at the election and containing suitable illustrated direction…

Absentee ballots shall be prepared in the same manner as paper ballots. Notes N.H. Admin. Code § Bal 603.03 #6263, eff 6-7-96

The designated election officials shall specify suitable and adequate times and places where voting machines or devices containing sample ballots shall be exhibited for the purpose of giving instructions as to the use of voting machines or devices to all voters who apply for same…

(a) The designated election officials responsible for the preparation, programming, and sealing of voting machine or devices shall seal said voting machines and devices after resetting each registering counter back to zero. The sealing and resetting shall be done in the presence …

The arrangement of the polling place shall be the same as now provided by law. The exterior face of the machine shall at all times be in plain view of the election officials when not in use by the voters. Notes N.H. Admin. Code § Bal 604.03 #6263, eff 6-7-96

(a) The keys to the voting machines shall be delivered to the moderator at least one hour before the time set for opening the polls. The keys shall be in a sealed envelope on which shall appear the number and location of the machine, the number of the seal, and the number registe…

(a) Prior to the opening of the polls, all the materials required to be posted in RSA 658 shall be posted as provided by law. The sample ballots to be posted shall be a facsimile of the voting machine layout which voters will face when voting at the voting machine. (b) In additio…

(a) Voters offering to vote shall be checked in at the incoming checklist and proceed to the voting booth as they would with paper ballots. (b) In primary elections, a voter, after having been properly identified as to party affiliation by the election officials and after his nam…

The election officer attending the machine shall inspect the face of the machine after each voter has cast his vote to see that the ballots on the face of the machine are in proper places and that the machine has not been injured. Notes N.H. Admin. Code § Bal 606.02 #6263, eff 6-…

The provisions of RSA 659:20 relative to assistance in voting to a voter who because of blindness or other physical disability is unable to mark his ballot shall apply to voting by voting machine. Notes N.H. Admin. Code § Bal 606.03 #6263, eff 6-7-96

In the event that any voting machine or device used in any voting district during the time the polls are open, become damaged or disabled so as to render it inoperative in whole or in part, the election officials shall forthwith if possible, substitute a perfect machine for the d…

(a) As soon as the polls are closed, the moderator shall immediately lock and seal the voting machine or device against voting. The moderator shall sign a certificate stating that the moderator has done so, also stating the number of votes shown on the public counter, the number …

When a recount is requested which involves the votes in a city or town using voting machines, the secretary of state shall personally or by his deputy inspect the machines and check the counts. The opposing candidates for the nomination in question shall have the right to be pres…

After the period for requesting and conducting recounts is passed, the town or city clerk may clear the voting machines. In the event that another election is to take place within the period the machines are impounded for recounts, the town or city clerk may, upon notice to the s…

Any person desiring to have the ballot law commission approve the use of a voting machine or other device not previously approved may submit a written application for approval to the commission. The request shall include the name of the manufacturer, model number and other inform…

The purpose of these rules is to describe the New Hampshire banking department and how to obtain its information. Notes N.H. Admin. Code § Ban 101.01 #1596, eff 6-30-80; ss by #2062, eff 6-25-82; ss by #2685, eff 4-20-84; EXPIRED 4-20-90 New. #6146, eff 12-22-95; ss by #10258, ef…

These rules shall apply to financial institutions that are either chartered, registered, or licensed in New Hampshire, including, without limitation: (a) Banks; (b) Trust companies; (c) Family trust companies; (d) Credit unions; (e) Small loan companies; (f) Mortgage bankers, bro…

Notes N.H. Admin. Code § Ban 102.01 #1596, eff 6-30-80; ss by #2062, eff 6-25-82; ss by #2685, eff 4-20-84; EXPIRED 4-20-90 New. #6146, eff 12-22-95; ss by #10258, eff 1-24-13; rpld by #10442, eff 10-19-13

"Commissioner" means the bank commissioner of the state of New Hampshire banking department appointed under the provisions of RSA 383:1. Notes N.H. Admin. Code § Ban 102.02 #1596, eff 6-30-80; ss by #2062, eff 6-25-82; ss by #2685, eff 4-20-84; EXPIRED 4-20-90 New. #6146, eff 12-…