New Hampshire Administrative Code

(a) A petitioner shall state with particularity in his or her petition for intervention the following:(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) Parties and witnesses 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. (b) Requests for appointment of counsel shall not …

(a) At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion, or upon his or her own initiative, shall request the parties to attend one or more prehearing conferences when such a conference would aid in the disposition of the proce…

(a) The board shall provide for the disclosure of any investigative report or other unprivileged information in the possession of the board, which is reasonably related to the subject matter of the proceeding. (b) Parties shall attempt to agree among themselves concerning the mut…

(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 board to arrive at the truth shall be admissible,…

(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…

(a) Where facts material to the subject matter of the proceeding are in dispute, and personal observation of witnesses or the immediate opportunity for cross-examination of witnesses is necessary or desirable, the proceeding shall, to that extent, consist of a trial-type evidenti…

(a) The presiding officer shall make such inquiry of witnesses or counsel, as he or she believes necessary to develop a complete record for decision. (b) Other board members participating in the proceeding shall also ask such questions and make such inquiries, subject to recognit…

The presiding officer shall accept any proposed findings of fact and conclusions of law and shall direct any party to submit proposed findings of fact and conclusions of law pursuant to RSA 541-A:35 if the presiding officer believes proposed findings or conclusions would be helpf…

Once an adjudicative proceeding has been commenced, no party shall communicate with any participating board member or the presiding officer 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 ca…

(a) A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony. (b…

(a) Adjudicative proceedings commenced by the board shall be conducted by a presiding officer. (b) The board's chairperson shall serve as presiding officer or shall designate another board member to so serve. (c) The presiding officer in an adjudicative proceeding shall be subjec…

(a) The presiding officer shall possess all authority with respect to the procedural aspects of adjudicative proceedings, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding, and decide scheduling, discovery and other…

(a) There shall be no interlocutory appeal to the board of procedural or discovery orders made by the presiding officer. (b) Objections to adverse rulings by a presiding officer shall be brought to the attention of the board by including such objections in any exceptions taken to…

(a) When so ordered by the board, evidence shall be received solely by a presiding officer who shall be charged with preparing a written proposed decision with recommendations for the final disposition of the case and any pending motions. Such proposed decision shall be served up…

(a) Final adjudicative orders of the board, and orders denying petitions for declaratory rulings or rulemaking, shall take effect on the date it is served upon the parties, intervenors or petitioners pursuant to Bcr 204.04(c). (b) Motions for reconsideration or rehearing shall be…

(a) Within the time frame specified in Bcr 209.01(b), the board shall correct, reconsider, revise or reverse any final action on its own motion if the board discovers new facts that indicate such final action was incorrect. (b) If the board's action is based upon the existing rec…

(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 Bcr 209.01(b) and d…

Adjudicative proceedings which involve the same, or substantially related, issues shall be consolidated for hearing or decision, or both, when fairness, accuracy and efficiency would be served by such an action. Consolidation shall be ordered in response to a timely motion from a…

The board shall sever one or more issues from a proceeding and dispose of those issues in another proceeding when doing so would materially promote the fairness, accuracy and efficiency of the proceeding. Severance shall be ordered in response to a timely motion from a party or o…

(a) Notwithstanding any other provision of this title, the board, within the limits of its authority, and acting through its members, officers and employees, or through independent contractors, shall make inquiry of any person and otherwise gather data, and prepare reports descri…

(a) The board shall commence a formal investigation for the purpose of obtaining documents, recorded testimony, and otherwise gathering information relevant to the board's jurisdiction. (b) Formal investigations shall be commenced by the issuance of an order of investigation cont…

(a) The board shall conduct informational hearings to assist in gathering information concerning policy matters, such as the adoption of board rules. (b) The board chair, acting chair, or another board member designated by the chair shall serve as the presiding officer at informa…

A board rule, or any amendment or repeal thereof, shall be adopted by order as provided by RSA 541-A:3 and in Bcr 211. Rules shall be proposed by petition or on the board's own initiative. Notes N.H. Admin. Code § Bcr 212.01 #8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12,…

(a) Any person shall make a request to the board to commence a proceeding for the purposes of adopting, amending, or repealing a rule by filing a petition which contains:(1) A statement of the intent, purpose, or particular result intended by the petitioner; (2) If the petitioner…

(a) The board shall by order grant a petition for rulemaking if the proposal is consistent with the laws regulating the state building code review board, RSA 155-A:10 et seq, advances the purposes thereof and, if implemented, would be required to be adopted as a rule. Before issu…

(a) If the board determines that any petition does not meet the requirements of this section, it shall immediately notify the petitioner in writing of the specific deficiencies. (b) Upon receipt of a corrected petition the board shall take action as outlined in Bcr 212.03. Notes …

This part shall apply to rulemaking hearings required pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Bcr 213.01 #8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12 ; ss by #10161, eff 7-13-12

The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking hearing pursuant to RSA 541-A:6. Notes N.H. Admin. Code § Bcr 213.02 #8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12 ; ss by #10161,…

(a) The hearing shall be presided over by the chairperson of the board or his or her designee. (b) The chairperson or designee shall:(1) Determine whether a quorum of the board is present for the hearing; (2) Call the hearing to order; (3) Cause a recording of the hearing to be m…

(a) Any individual who wishes to testify at the hearing shall provide his or her full name on a speakers list furnished by the board. (b) Individuals shall be called to testify in the order in which they signed up. (c) Before adjourning the public hearing and after all individual…

(a) The chairperson or designee shall postpone a hearing to a later date, time or place in the event of:(1) Inclement weather; (2) A lack of a quorum; or (3) Determination by the board that postponement of the hearing shall facilitate greater participation by the public. (b) The …

Individuals may submit comments in writing or electronic format to the board on proposed rulemaking actions any time from the time notice has been published until the end of the public comment period as set forth in the notice of rulemaking. Notes N.H. Admin. Code § Bcr 213.06 #8…

(a) All hearings shall be recorded. (b) A copy of the recording may be requested by submitting a written request to: State Building Code Review Board Office of the Commissioner Department of Safety 33 Hazen Drive Concord, NH 03305 (c) Pursuant to RSA 91-A:4, persons requesting a …

Rules to update or change the state building code for the codes described in RSA 155-A:1, IV shall be adopted by order as provided in Bcr 214. Rules shall be proposed by petition or on the board's own initiative. Notes N.H. Admin. Code § Bcr 214.01 #8044, eff 2-17-04; ss by #1007…

(a) Any person shall make a request to the board to commence a proceeding for the purposes of updating or changing the state building code manuals for the codes described in RSA 155-A:1, IV by filing a petition which contains:(1) A statement of the intent, purpose, or particular …

(a) The board shall by order, grant or deny a petition for the update or changing of the state building code in accordance with the requirements of RSA 155-A. (b) Upon receipt of a petition, the board shall vote whether to send the matter to a public hearing to be held within 30 …

(a) If the board determines that any petition does not meet the requirements of this section, it shall immediately notify the petitioner in writing, of the specific deficiencies. (b) Upon receipt of a corrected petition, the board shall take action as outlined in Bcr 213.03. Note…

(a) The rules in this part shall apply to all appeals to the state building code review board from a final decision of the electricians' board, established under RSA 319-C:4, or the board of home inspectors, established under RSA 310-A:186. (b) Notwithstanding Bcr 207.01, unless …

For the purpose of this part, the following terms shall be defined as follows: (a) "Evidence" means all information, other than oral argument, submitted and considered by the board as part of the appeal record. (b) "Licensing board" means the electricians' board, established unde…

(a) To initiate an appeal, the aggrieved party from the hearing below shall file with the board a notice of appeal. The notice of appeal shall be signed by the aggrieved party or his or her lawyer or representative and shall be filed within 30 days of the date of the final decisi…

(a) Unless the pertinent rule has been waived pursuant to Bcr 203.02, the board shall reject a notice of appeal if: (1) The notice of appeal is untimely; or (2) The notice does not substantially conform with Bcr 215.03. (b) The board shall reject a notice of appeal if:(1) The app…

(a) Within 10 days of receipt of a notice of appeal, the board shall commence the appeal by issuing an order of notice to all parties to the proceeding appealed from by first class mail, postage prepaid. (b) The notice shall: (1) Identify the parties to the proceeding; (2) Briefl…

The licensing board shall supply the board a certified copy of the record and a transcribed copy of the testimony at the licensing board's expense at least 5 days prior to any scheduled hearing or within the timeframe as directed by the board. Notes N.H. Admin. Code § Bcr 215.06 …

(a) On appeal, the appellant shall have the burden of proving, by a clear preponderance of the evidence, that the licensing board's decision was: (1) Not supported by substantial evidence on the record; (2) Arbitrary and capricious; (3) An abuse of the licensing board's discretio…

Review shall be based on the record below. The board shall not receive or consider any additional evidence, except for newly discovered evidence and such evidence as the board deems necessary for it to rule on the merits of the appeal. Notes N.H. Admin. Code § Bcr 215.08 #8323, e…

(a) The appeal hearing shall begin with an opening statement by the presiding officer of the board, which shall describe the issues raised on appeal, the applicable standard of review, and the procedures to be followed at the hearing. (b) The appellant, or his or her representati…