New Hampshire Administrative Code

(a) Written motions, exhibits, memoranda or other documents relating to an adjudicative proceeding shall be:(1) Filed in the form of an original and 4 copies; and (2) Delivered in single copy and in accordance with (c) below to all other parties and intervenors. (b) Notices, orde…

(a) Motions shall be in filed in written form, unless made in response to a matter asserted for the first time at a hearing or based on information that was not received in time to prepare a written motion. (b) Oral motions and any oral objections to such motions shall be recorde…

(a) Parties or intervenors seeking information or documents from other parties or intervenors shall:(1) Make a request for production of such information and documents; and (2) Allow 30 days for compliance with their requests. (b) Parties and intervenors shall attempt in good fai…

(a) Parties or intervenors wishing to enforce a request made pursuant to Cla 207.01(a) after receiving a refusal or after the expiration of the 30 days allowed for compliance shall seek a discovery order by:(1) Filing a motion for the discovery order with the secretary of state a…

(a) Failure of a party to comply fully with the board's discovery order within the time specified in the order shall result in: (1) A conditional default of the party failing to comply; or (2) Dismissal of the claim in accordance with (d) below. (b) The board shall lift a conditi…

(a) When necessary for full and fair adjudication of the issues, the board shall issue subpoenas, including subpoenas duces tecum, requiring the attendance of witnesses and the production of books, papers and documents. (b) Parties to an adjudicative proceeding wishing to compel …

(a) Any witness summoned by a subpoena issued by the board may petition the board to vacate or modify the subpoena. (b) Promptly upon receipt of a petition under (a) above, the board shall forward a copy of the petition to the party requesting the subpoena by motion. (c) After co…

Upon the failure of any person to comply with a subpoena issued by the board, the board or the party who requested the subpoena, if either wishes to enforce the subpoena, shall apply to any superior court for an order of compliance. Notes N.H. Admin. Code § Cla 208.03 #8509, eff …

At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors: (a) A list of all witnesses to be called at the hearing containing the names of the witnesses, their addresses and their telephone numbers; (b) Brief summaries of t…

(a) Upon the withdrawal of a claim the board shall discontinue without prejudice to the claimant proceedings which have already begun, so long as the board does not determine that the withdrawal of the claim is made in bad faith. (b) If the board determines that the withdrawal of…

(a) A scheduled hearing shall be postponed:(1) By agreement of the parties, intervenors, if any, and the chair; (2) On the request of the board; or (3) On a written motion to continue granted by the chair. (b) A written motion to continue shall be:(1) Filed at least 10 days befor…

(a) There shall be a stenographic recording of the hearing unless a stenographer is unavailable, in which case the secretary shall arrange for recording the hearing by tape recording, video recording or any other method that will provide a verbatim record. (b) The board shall ret…

(a) If any person requests a transcript of the recording of a hearing, the board shall: (1) Notify the claimant of the cost of the transcript; (2) Upon receipt of payment for the cost of the transcription, cause a transcript to be prepared; and (3) Upon completion of the transcri…

(a) Petitions for intervention shall:(1) Describe in writing the petitioner's interest in the subject matter of the proceedings; (2) Be submitted to the chair; and (3) Be mailed in copy form to all parties identified in the notice commencing the proceedings. (b) A petition for in…

(a) Approval of intervention by the chair shall apply only to the proceeding in which the petition for intervention was granted. (b) Notwithstanding the provisions of this chapter, an intervenor's right to participate in an adjudicative proceeding shall be subject to any limitati…

The board shall consolidate for hearing the separate claims of a claimant's insurer for reimbursement of the sum paid to a claimant and of the claimant for the related deductible if to do so would increase the efficiency and accuracy of the determination of either of the claims. …

(a) The chair shall direct the course of the hearing and accept testimony on the facts and the law relating to the claim. (b) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual represents …

(a) The chair shall determine the admissibility of evidence, subject to being overruled by a majority of the board members present and voting. (b) The rules of evidence used in courts shall not apply. (c) Any testimonial or non-testimonial evidence which is relevant, material, an…

The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Cla 213.04 #8509, eff 12-09-05

(a)The board shall accept briefs of fact and law when submitted by parties or intervenors in accordance with (c) below. (b) The chair shall require briefs of fact and law upon a determination that their receipt would advance the fairness and speed of adjudication. (c) Briefs shal…

(a) If the claimant fails to appear, the board shall receive an offer of proof from the agency claimed against as to its defense or position with regard to the claim. The board shall decide the claim based upon the materials submitted by the claimant and the offer of proof provid…

(a) The board shall issue its decision in a written order delivered to: (1) The claimant; (2) The agency claimed against, if it was not represented; (3) The attorney general; and (4) The secretary of state. (b) An order on a contested claim shall include:(1) The amount of the pay…

Board orders authorizing the payment of claims shall be subject to the limitation on payments and interest on payments set forth in RSA 541-B:14, I through III. Notes N.H. Admin. Code § Cla 214.03 #8509, eff 12-09-05

(a) Attorney's fees shall be:(1) Approved by the board; (2) Reasonable and fair given: a.The difficulty of the claim and the nature, length and complexity of the services performed by the attorney; b.The usual and customary charge for work of like kind; and c.The claimant's actua…

(a) Within 30 days of a decision or order any party or person directly affected may request rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion:(1) Identifying each error of fact, error of reasoning, or error of …

(a) Anyone may seek the adoption, amendment or repeal of a rule by submitting to the board a petition pursuant to RSA 541-A:4. (b) Each petition for rulemaking shall contain:(1) The name and address of the individual petitioner or, if the request is that of an organization or oth…

(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 decision. (b) The board shall grant the petition for rulemaking if the adoption, amendment or repeal …

The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Cla 217.01 #8509, eff 12-09-05

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Cla 217.03. (b) Individuals who wish to testify shall be asked to write on the speaker's list:(1) Their full names and addresses; and (2)…

The chair shall: (a) Refuse to recognize for speaking or revoke the recognition of anyone who: (1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or (3) Restates more than on…

Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward: (a) Limitation of the number of media representatives when their number together with the number of memb…

(a) Public comment hearings shall be attended by a quorum of the board. (b) Public comment hearings shall be presided over by the chair. (c) The chair shall:(1) Call the hearing to order; (2) Identify the proposed rules that are the subject matter of the hearing and provide copie…

(a) Any person may request a declaratory ruling by the board if: (1) That person is directly affected by RSA 541-B or by any rule of the board; and (2) The facts presented in accordance with Cla 218.02(a)(2) as the basis for the declaratory ruling are not the facts of a claim pen…

(a) A request for a declaratory ruling shall be accompanied by:(1) A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested; (2) A statement of the facts believed to support the ruling being requested; and (3) Supplementary ma…

(a) Within 30 days of receiving a request for a declaratory ruling the board shall advise the person requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented. (b) If additional information should be needed, the b…

(a) When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts. (b) When the established facts show that the board lacks subject matter or personal jurisdi…

A declaratory ruling shall apply only to the board and to the person requesting it and shall be confined to the facts presented pursuant to Cla 218.02(a)(2)-(a) (3) and in response to a request of the board made pursuant to Cla 218.03(b). Notes N.H. Admin. Code § Cla 218.05 #8509…

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including: (a) The name and address of the person making the request; or (b) If the request is that of an organization or…

The board shall, within 90 days of receiving a request in accordance with Cla 220.01, provide a written response which: (a) Concisely states the meaning of the rule adopted; (b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and…

"Chair" means the chair of the board of claims appointed pursuant to RSA 541-B:3, II, or a member of the board designated by the chair. Notes N.H. Admin. Code § Cla 301.01 #8511, eff 12-09-05

"Claim'' means "claim" as defined by RSA 541-B:1, II-a, namely, "any request for monetary relief for either: (a) Bodily injury, personal injury, death or property damages caused by the failure of the state or state officers, trustees, officials, employees, or members of the gener…

"Claimant'' means any person who makes a claim pursuant to RSA 541-B. Notes N.H. Admin. Code § Cla 301.03 #8511, eff 12-09-05

(a) This chapter shall apply to monetary claims which:(1) Are of the following types: a.Claims not exceeding $50,000, with the exception of :1.The following types of claims without reference to the sum claimed:(i) Workers' compensation claims; (ii) Unemployment compensation claim…

(a) A claimant shall prepare a claim by:(1) Completing the claim form described in (b) below; and (2) Attaching the documents described in (c) below. (b) The claimant shall provide the following information on a claim form furnished by the secretary of state:(1) The name and addr…

The claimant shall file the claim by submitting: (a) To the agency complained against, one copy of the completed claim form and supporting documents; and (b) To the secretary of state at the address stated in (c) below:(1) Three copies of the completed claim form and supporting d…

(a) Upon receiving a copy of a claim the agency claimed against shall identify the date scheduled for the hearing of the claim by inquiring of the secretary of state. (b) Within 30 days of the receipt of a claim, or at least 10 days before the scheduled hearing of the claim, whic…

(a) The board shall examine the completed claim form and the attached documents to ascertain whether the claim is complete. (b) f the claim is not complete, the board shall, within 60 days of receipt of the claim:(1) Notify the claimant of any apparent errors or omissions; (2) Re…