New Hampshire Administrative Code

The board shall conduct proceedings for the purpose of acquiring sufficient information to make fair and reasonable decisions on matters within its statutory jurisdiction, including decisions on applications and complaints filed against licensees. These proceedings shall secure a…

(a) "Hearing" means the receipt and consideration by the board of data or argument, or both, by methods appropriate to the circumstances, and includes:(1) Conducting trial-type evidentiary proceedings; (2) Directing the filing of exhibits, affidavits, memoranda, briefs, or oral a…

Failure to comply with the rules of this chapter shall result in: (a) Refusal of a noncompliant document for filing; (b) Denial or conditional denial of a noncompliant application, petition, or motion; or (c) Issuance of an order adverse to a noncompliant person. Notes N.H. Admin…

The board shall undertake investigations and disciplinary hearings, in response to a written complaint filed in accordance with Acp 208.02 or in response to other information that comes to the board's attention. Notes N.H. Admin. Code § Acp 204.01 #7081, eff 8-26-99; ss by #7871-…

(a) Upon receipt of a complaint, the board shall commence an investigation pursuant to Acp 204.03. (b) The board shall dismiss a complaint at any time for failure to state a cause of action, failure to respond to a request for information, or failure to participate in any investi…

(a) The board shall conduct such investigations as it deems necessary to examine acts of possible misconduct that come to its attention through complaints or other means. (b) Investigations shall not commence a disciplinary hearing and shall not constitute an allegation of miscon…

(a) Adjudicatory proceedings commenced by the board shall be conducted by a presiding officer. (b) The board shall appoint a board member or a member of the board's staff to serve as presiding officer. (c) The presiding officer shall serve in a conscientious and truthful manner o…

(a) The presiding officer shall possess all authority with respect to the procedural aspects of adjudicatory proceedings that would be possessed by the board itself, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding…

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause, withdraw from any hearing. (b) Good cause shall exist if a presiding officer or board official:(1) Has a direct interest in the outcome of a proceeding…

The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be…

Unless called as witnesses, board staff as defined in Acp 103.02 shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § Acp 206.01 #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12 New. #10157, ef…

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code …

This part shall govern all proceedings conducted by the board except rulemaking and declaratory rulings. Notes N.H. Admin. Code § Acp 207.01 #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12 New. #10157, eff 6/27/2012.

(a) The board shall commence an adjudicatory proceeding by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference. (b) The notice commencing an adjudicatory proceeding shall:(1) Identify the parties to the proceedin…

(a) The board shall assign each adjudicatory proceeding a docket number, and serve the hearing notice upon all parties to the proceeding. The hearing notice shall be served upon the respondent by means of certified mail. (b) Service of all subsequent orders, decisions and notices…

Once a notice of hearing has been issued in an adjudicatory proceeding, no party shall communicate with any member of the board, or the presiding officer, concerning the merits of the case except upon notice to all parties and granting an opportunity for such party or parties to …

(a) Any party in an adjudicatory proceeding may be represented by counsel or lay representation, but such person appearing on behalf of a party shall first file a letter announcing the fact of representation at the earliest date practicable. (b) Requests to the board for counsel …

(a) Persons appearing before the board shall represent themselves or be represented by: (1) A New Hampshire licensed attorney who has filed a written appearance with the board containing his or her business address and telephone number; or (2) An individual who is not a New Hamps…

(a) Petitions for intervention shall be filed any time after commencement of a proceeding, and state: (1) The petitioner's interest in the subject matter of the hearing; (2) The petitioner's position with respect to the subject matter of the hearing; (3) Why the interests of the …

(a) Whenever it shall appear to the board, upon motion or its own initiative, that 2 or more proceedings involve substantially similar or substantially related issues, the board shall, as fairness and efficiency permit, consolidate those proceedings for hearing, or decision, or b…

(a) A document shall be considered filed when it is actually received at the board's office in Concord and conforms to the requirements of this chapter. A document tendered for filing that is patently and facially in violation of the board's rules shall be returned to the sender …

(a) All complaints, petitions, motions, and replies filed with the board shall be signed by the proponent of the document or, if the party appears by representative, by the representative. (b) The applicant's signature on a document filed with the board shall certify that: (1) Th…

(a) Complaints against licensees shall be filed with the board with service upon the licensee in question. (b) Petitions for rulemaking and petitions for declaratory rulings shall be filed with the board by the petitioner without service upon other persons. (c) All motions, repli…

(a) The only pleadings permitted shall be petitions, other than rulemaking and replies to petitions. Applications shall not be considered pleadings. (b) All petitions shall contain:(1) The name and address of the petitioner; (2) The name and address of the petitioner's representa…

(a) Notwithstanding Acp 209.01, complaints shall be governed exclusively by this section. (b) Complaints alleging misconduct by licensees noting violations of RSA 328-G:2, II, shall be in writing and filed at the board's offices in Concord, New Hampshire. (c) A complaint shall co…

(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; (2) The relief sought; (3) The statutes, rules, orders, or other authority authorizing the relief sought…

Any time period specified in an order 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 not…

A motion for a change of time shall be granted upon concurrence with all parties. Notes N.H. Admin. Code § Acp 210.02 #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12 New. #10157, eff 6/27/2012.

A motion to change time shall be filed at least 3 business days prior to the event in question. Notes N.H. Admin. Code § Acp 210.03 #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12 New. #10157, eff 6/27/2012.

(a) Any party to a hearing may make an oral or written motion that a hearing be continued to a later date or time. (b) If a continuance is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good caus…

If any party to whom notice has been given in accordance with Acp 208.03 fails to attend a hearing, the presiding officer shall: (a) Declare that party to be in default; and (b) Either: (1) Dismiss the case, if the party with the burden of proof fails to appear; or (2) Hear the t…

Upon the written request of a party, the board shall disclose to the parties any information, not privileged, in the possession of the board, that is pertinent to the subject matter of the proceeding. Notes N.H. Admin. Code § Acp 212.01 #7081, eff 8-26-99; ss by #7871-A, eff 4-14…

(a) Subpoena for the attendance of witnesses or the production of evidence in disciplinary proceedings shall be issued only upon the order of the board. (b) A subpoena shall be issued on the initiative of the board or in response to the motion of a party. (c) A party requesting a…

(a) At any time following the commencement of an adjudicatory proceeding, the board shall, upon motion, or upon its own initiative, encourage all parties and intervenors to attend one or more prehearing conference(s) to aid in the disposition of the proceeding. (b) The following …

Parties and intervenors shall exchange complete lists of witnesses and evidence pursuant to the timetable established in accordance withAcp 212.03(b)(9). Copies of all documentary evidence shall be provided to all parties and intervenors. Notes N.H. Admin. Code § Acp 212.04 #7871…

Unless all parties and intervenors agree to a modification of the process, the board shall hold a trial-type evidentiary hearing with an opportunity for the subsequent submission of memoranda. Each party or intervenor shall have the opportunity to call its own witnesses and to cr…

(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 Acp 213.02(a), all moving parties and intervenors and all petitioners shall have 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 that will reasonably assist the board to arrive at the truth shall be admissible. …

(a) Subject to the direction of the presiding officer who shall regulate the time and manner of speaking in an orderly fashion, board members present during adjudicative proceedings shall question witnesses and make such inquiry of witnesses as they believe appropriate. (b) Whene…

(a) There shall be no interlocutory appeal to the board of procedural or discovery orders made by the presiding officer. (b) After the close of the record, the parties shall be provided 10 days to submit written exceptions to rulings of the presiding officer. The board shall rule…

(a) Any party may submit proposed findings of fact and conclusions of law. (b) The board shall include individual rulings upon such proposed findings or conclusions as part of its final decision. Notes N.H. Admin. Code § Acp 214.01 #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; …

(a) The decision of the board shall be based upon the board's evaluation of the evidence submitted during the hearing only. (b) The board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any …

(a) An adjudicatory order of the board shall not be final until the date it is served upon the parties and intervenors pursuant to Acp 208.03(d). (b) Within 30 days after service of a final adjudicatory order of the board, any party or intervenor may file a motion for reconsidera…

(a) Within the time frame specified in Acp 216.01(b), the board shall reconsider, revise, reverse or affirm any final action on its own motion. (b) If reconsideration is based upon the existing record, prior notice shall not be given to the parties and intervenors. If the board b…

(a) Board actions shall be stayed only in response to a specific motion requesting a stay or by the board acting on its own motion. (b) A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified by Acp 216.01(b) and s…

(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 pursuant to Acp 209.01(b). (b) Such a petition shall also set forth the following information:(1) The exact ruling being requested; a…

(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 rule on the petitio…