New Hampshire Administrative Code

(a) The commission shall make available, upon request, those records which are subject to public inspection under RSA 91-A. (b) Persons desiring to inspect or obtain copies of commission records shall identify as specifically as possible the information being sought. (c) Persons …

These rules shall be construed to secure the just, efficient, and accurate resolution of commission proceedings in accordance with recognized principles of due process and the requirements of RSA 541-A and RSA 285. Notes N.H. Admin. Code § Box 201.01 #10482, eff 12-5-13

The procedures set forth in this chapter shall apply to processing of complaints, petitions for rulemaking, waiver of procedural and non-procedural rules, declaratory rulings, and all adjudicative proceedings conducted by the commission. These procedural rules shall apply to the …

The provisions of RSA 541-A, RSA 285 and these rules shall govern proceedings before the commission. Notes N.H. Admin. Code § Box 201.03 #10482, eff 12-5-13

A quorum of the commission shall be a simple majority of the total number of members. Notes N.H. Admin. Code § Box 202.01 #10482, eff 12-5-13

(a) All time periods referenced in these rules 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 the period so computed. (c) If…

(a) Any document filed with the commission shall be filed by regular mail sent to the address in Box 103.01(a) or by electronically delivering a PDF version by electronic mail to the chairman of the commission at the e-mail address provided at http://www.nh.gov/boxing/contactus/i…

(a) All orders, decisions, notices, or documents issued by or at the direction of the commission shall be deemed by the commission to have been issued on the date noted on the document. (b) All orders, decisions, notices, or documents issued by or at the direction of the commissi…

Prior to formal proceedings in a contested case, the following procedure shall apply in responding to a complaint against a licensee: (a) The staff shall consider informal resolution through communication between the complainant and the licensee. (b) If the complainant wishes to …

(a) The commission shall consider the complaint and the response at the next available meeting, provided that failure to respond to a complaint shall not preclude the commission from considering the complaint. (b) The commission shall provide notice, in writing, and invite all pa…

(a) The commission, within the limits of its authority, and acting through its members, deputy inspectors, staff, attorney or any other qualified person or a committee of qualified persons, shall upon motion of its members, make inquiry of any person and otherwise gather informat…

Any interested person may petition the commission to waive a procedural or non-procedural rule adopted by the commission, or request a declaratory ruling on the applicability of any statute, rule, or order administered or enforced by the commission. The rules in this part shall a…

As used in these rules, "undue hardship" means a hardship which arises from a unique circumstance that restricts the ability of a person or entity to comply with these rules. Notes N.H. Admin. Code § Box 204.02 #10482, eff 12-5-13

The original and one copy of a petition for waiver of a rule or declaratory ruling shall be filed with the commission in accordance with Box 202.03. Notes N.H. Admin. Code § Box 204.03 #10482, eff 12-5-13

(a) Petitions for waiver of rules and declaratory rulings, shall include the following: (1) The legal name of each person requesting the action, with a resident address or principal place of business of the person; (2) The chapter, part or section, or paragraph of the rule that i…

(a) If the commission determines that the petition for waiver or declaratory ruling is deficient, the commission shall notify the petitioner within 30 days, in writing, of the specific deficiencies and allow the petitioner to amend the petition. (b) The commission shall take one …

Any interested person may petition the commission to adopt, amend, or repeal a rule. The rules in this part shall apply to any rulemaking petition submitted pursuant to RSA 541-A:4. Notes N.H. Admin. Code § Box 205.01 #10482, eff 12-5-13

The original and one copy of a petition for rulemaking shall be filed with the commission in accordance with Box 202.03. Notes N.H. Admin. Code § Box 205.02 #10482, eff 12-5-13

(a) A petition to adopt, amend, or repeal a rule shall include the following information: (1) The legal name of each person requesting the adoption, amendment, or repeal of the rule, with a resident address or principal place of business of the person; (2) Whether the person is r…

(a) Upon receipt of a petition to adopt, amend, or repeal a rule, if the commission determines that the petition is deficient, the commission shall notify the petitioner within 14 days, in writing, of the specific deficiencies and allow the petitioner to amend the petition. (b) W…

(a) If requested by an interested person at any time before 30 days after final adoption of a rule, the commission shall issue an explanation of the rule. (b) The explanation shall include: (1) A concise statement of the principal reasons for and against the adoption of the rule …

The procedures set forth in this part shall apply to all appeals of decisions of the commission, and to all proceedings to consider refusal, suspension or revocation of a license by the commission pursuant to RSA 285:12. Notes N.H. Admin. Code § Box 206.01 #10482, eff 12-5-13…

Any appeal shall be filed within 30 days of the date the decision being appealed was issued. As specified in Box 202.04, the appeal shall be deemed to have been filed on the date it is received by the commission. Notes N.H. Admin. Code § Box 206.02 #10482, eff 12-5-13

(a) Adjudicative proceedings shall be commenced by filing a notice of appeal as specified by this section with the commission. (b) Persons filing a notice of appeal shall include the following: (1) The exact legal name of each person seeking the relief and the person's address; (…

Except as otherwise agreed upon at a pre-hearing conference, memoranda, briefs, and other written materials shall be filed with the commission in accordance with Box 202.03 and shall be received by the commission no later than 2 weeks prior to a scheduled hearing. Notes N.H. Admi…

(a) All documents shall be filed in accordance with Box 202.03 and shall identify the name and address of the communicator and the subject matter of the communication. No person shall submit any documents or exhibits or otherwise communicate any other information pertaining eithe…

Every notice, motion, petition, complaint, brief, memorandum, or other document filed in connection with an adjudicative proceeding shall be signed by the filing party or by a duly-authorized representative of the filing party. Notes N.H. Admin. Code § Box 206.06 #10482, eff 12-5…

(a) Upon receipt of a notice of appeal, the commission shall assign a docket number to the notice of appeal and shall distribute a copy of the notice of appeal to each member of the commission. (b) The docket number assigned by the commission shall be used by all parties to ident…

(a) The date of the appeal hearing shall be scheduled no later than 90 days following receipt by the commission of a notice of appeal that complies with Box 206.03(b). (b) Once a hearing date has been set, the commission shall send written notice by certified mail or personal ser…

The commission shall maintain a record of all appeals pending before the commission. Notes N.H. Admin. Code § Box 206.09 #10482, eff 12-5-13

(a) Any party to a proceeding before the commission may petition the commission to extend any time limit established by these rules for good cause. A request for an extension shall be submitted in writing to the commission prior to the expiration of the prescribed period and shal…

(a) Any party may request a pre-hearing conference in accordance with the provisions of RSA 541-A:31,V to consider: (1) Offers of settlement; (2) Simplification of issues; (3) Stipulations or admissions as to issues of fact or proof; (4) Limitations on the number of witnesses; (5…

(a) Each party shall attempt in good faith to make complete and timely responses to requests for information or documents relevant to a hearing. (b) Any party may file a motion requesting the presiding officer to order the parties to comply with requests for information. The moti…

Any party to an adjudicative proceeding or that party's designated representative shall be entitled to generally participate in the conduct of the adjudicative proceeding. Appearances shall be entered either in writing or into the record of the hearing. Notes N.H. Admin. Code § B…

(a) If any party to whom notice of a hearing has been given in accordance with these rules fails to appear and fails to advise the commission of such non-appearance in advance of the hearing, and the presiding officer determines that delaying the hearing to a later date would cau…

(a) License applicants requesting a hearing in response to a notice of license refusal and licensees who are the subject of a pending commission action against a license held, pursuant to RSA 285:12,I and appellants to a decision or order of the commission, pursuant to RSA 285:12…

(a) Any party to a hearing before the commission may be represented by an attorney licensed to practice law in New Hampshire or such other individual as the party may designate. (b) All representatives shall obtain and become familiar with these procedural rules prior to appearin…

The commission shall, upon a finding of misconduct by any representative appearing before the commission, prohibit that individual from acting as a representative before the commission. For purposes of this section, misconduct means behavior that is disruptive to the orderly cond…

(a) The presiding officer at a hearing shall be the chairman of the commission if present and willing to preside. If the chairman is unavailable for any reason, the presiding officer shall be a member of the commission selected by those members present at the hearing. (b) The pre…

(a) Upon individual initiative or upon request of any party, the presiding officer or member of the commission shall, for good cause, withdraw from any hearing. (b) Good cause shall exist if the presiding officer or member of the commission: (1) Has a direct interest in the outco…

(a) All testimony in an adjudicative proceeding shall be made under oath or affirmation. (b) Any person offering testimony, evidence or arguments before the commission shall state his or her name and address on the record. If the person is representing another party, the party be…

(a) Where evidence to be presented consists of numerical or graphic data and such evidence would make oral presentation difficult to follow, such evidence shall be presented in exhibit form. (b) Space shall be provided in the upper right hand corner of each exhibit for the insert…

(a) Motions shall be in written form, unless made in response to a matter asserted for the first time at the hearing. All motions shall contain a clear and concise statement of the facts and law which support the motion and shall state the specific relief or ruling requested. The…

(a) Any party or party's representative may submit requests for findings of fact and conclusions of law, provided that, such requests are submitted before the close of the record. (b) In any case where proposed findings of fact and conclusions of law are submitted, the decision s…

(a) Pursuant to RSA 541-A:33,II, the rules of evidence shall not apply. (b) Evidence which is relevant and material to the subject matter of the hearing shall be admissible. Evidence which is irrelevant, immaterial, or unduly repetitious shall be excluded. The experience, technic…

The standard of proof at hearings shall be proof by a preponderance of the evidence. For purposes of these rules, proof by a preponderance of the evidence means that what is sought to be proved is more probable than not. Notes N.H. Admin. Code § Box 206.25 #10482, eff 12-5-13…

(a) In all adjudicative hearings, the party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. (b) In a hearing held to determine whether a license should be suspended, revoked, or not renewed, pursuant to RSA…