New Hampshire Administrative Code

(a) Unless otherwise specified, all time periods referenced in this chapter 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 t…

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion. (b) Oral motions and any oral objecti…

A hearing shall be commenced by an order of the department giving notice to the parties as required by Cor 207.03. Notes N.H. Admin. Code § Cor 207.01 (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9…

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the department. Notes N.H. Admin. Code § Cor 207.02 (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382…

(a) A notice of a hearing issued by the department shall contain: (1) A statement of the time, place and nature of any hearing; (2) A statement of the legal authority under which a hearing is to be held; (3) A reference to the particular statutes and rules involved including this…

(a) A party or the party's representative shall file an appearance that includes the following information:(1) A brief identification of the matter; (2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in N…

Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider: (a) Offers of settlement; (b) Simplification of the issues; (c) Stipulations or admissions as to issues of fact or …

Unless called as witnesses, agency staff shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § Cor 208.01 (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff …

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to an agency 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 …

(a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time. (b) A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would likely assist in resolvi…

(a) A person may intervene in a matter pending before the department under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the person's rights or other substantial interests might be affected by the proceeding or that the person qualifies as an…

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

If any party to whom notice has been given in accordance with Cor 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and either: (a) Dismiss the case, if the party with the burden of proof fails to appear; or (b) Hear the testimony a…

Each party shall attempt in good faith to make a complete and timely response to requests for the voluntary production of information or documents relevant to the hearing. Notes N.H. Admin. Code § Cor 212.01 (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss…

At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit. Notes N…

(a) The department shall record the hearing by audio recording or other method that will provide a verbatim record. (b) If any person requests a transcript of the audio record, the department shall cause a transcript to be prepared and, upon receipt of payment for the cost of the…

The party 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 § Cor 213.02 (See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES:…

(a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified. (b) Testimony shall be offered in the following or…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious, or legally privileged.…

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing. (b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the is…

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) of this section and Cor 213.07. (b) Before the conclusion of the hearing, a party may request that the record be left o…

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previous…

(a) A departmental official 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 test…

The purpose of this part is to provide rules of practice and procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the department relative to the adoption, amendment or repeal of a departmental …

(a) These rules shall apply to all hearings required by law to be conducted by the department at which public comment shall be solicited pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Cor 214.02 #9507-A, eff 7-8-09 (from Cor 212.02) Amended by Volume XXXVIII Number 15, Filed …

(a) A public comment proceeding concerning rulemaking shall be commenced by publishing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date. (b) Notice of rulemaking comment hearings shall comply with RSA 541-A:6. N…

(a) The hearing shall be presided over by the moderator, who shall be the commissioner or designee. (b) The moderator shall: (1) Call the hearing to order; (2) Cause a recording of the hearing to be made; (3) When a group or organization wishes to comment, limit the group to no m…

(a) Any person who wishes to speak on the issues that are the subject of the hearing shall list both name and address on a speakers' list. All whose names appear on the list may speak at the hearing. (b) Written comments may be submitted any time from the time notice has been pub…

(a) Any interested person may petition the department, through the commissioner, requesting the adoption, amendment or repeal of a rule. (b) Such petitions shall conform to the applicable requirements set forth in Cor 215.03. (c) Such petitions shall be received and handled in th…

(a) Any interested person may petition the department, through the commissioner, requesting a declaratory ruling on the applicability of any statute or rule administered or enforced by the department. (b) Such petitions shall conform to the applicable requirements set forth in Co…

Each petition for adoption, amendment, repeal of a rule, or for a declaratory ruling shall: (a) Be in legible written form and addressed to the: Commissioner Department Of Corrections 105 Pleasant Street PO Box 1806 Concord, NH 03302-1806 (b) Include the petitioner's name and add…

Pursuant to RSA 541-A: 11, VII, 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 commissioner including: (a) The name and address of the person making the request; or (b) If th…

The commissioner shall, within 90 days of receiving a request in accordance with Cor 216.01, 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 fo…

(a) Any interested person may request the commissioner to waive a rule. A waiver shall be requested by filing a petition that identifies the rule in question and sets forth the specific facts and arguments that support the waiver. (b) Petitions for waiver shall address, at a mini…

(a) The housing, industrial, work, recreational, and administrative areas of each facility shall be maintained in a manner which meets the standards established for the facility by public health authorities in the state of New Hampshire. (b) The New Hampshire department of health…

(a) Sanitation in the food service and food storage areas of each facility shall be maintained in a manner that meets He-P 802.23 adopted by the commissioner of the DHHS, for food service and food storage areas. (b) Departmental facilities shall provide each person in departmenta…

(a) The New Hampshire department of health and human services, division of public health services, food protection or its designee shall be requested at least annually to inspect all food service areas of departmental facilities and to render a written report of the results of it…

(a) The director of the New Hampshire department of safety, division of fire safety, or the local fire department shall be requested to inspect each residential facility of the department and its organizational sub-divisions, residential treatment unit, and the secure psychiatric…

(a) A departmental employee shall be designated as the mail supervisor for each facility. (b) All outgoing mail from persons under departmental control and patients of the secure psychiatric unit, with the exception of privileged mail, shall be sent to the mailroom unsealed. The …

(a) The department shall provide an array of academic and vocational programs such as remedial reading and remedial math as well as high school and high school equivalency subjects. The staff shall consist of at least 5 full-time teachers, at least one of whom shall be certified …

Re-entry programs shall be provided that include vocational testing and counseling. Re-entry classes shall assist in preparing persons under departmental control for parole or unsupervised release and prepare persons under departmental control to seek and hold jobs upon their rel…

(a) There shall be an outpatient behavioral health unit which shall provide for the person under departmental control's behavioral health needs as determined by completion of an initial behavioral health interview and a biopsychosocial assessment which results in a mental health …

(a) Each person under departmental control at a departmental facility shall be afforded the opportunity to work. No person under departmental control shall involuntarily wait for a job assignment longer than 60 days. (b) Persons under departmental control who by virtue of age, ph…

(a) Persons under departmental control and patients of the secure psychiatric unit shall have access to a law library to assist them in accessing the courts to challenge their convictions or their conditions of confinement pursuant to the requirements of Lewis, Director of the Ar…

(a) Religious programs, individual religious counseling, or both shall be offered to all persons under departmental control and patients of the SPU. Persons under departmental control and patients shall be able to participate in religious activities appropriate to their custody g…

(a) The department shall provide at least one full time recreation supervisor. The recreation supervisor shall provide direct oversight and consultation to all departmental facilities in organizing and implementing a program that affords inmates athletic and leisure time activiti…

(a) Medical care shall be provided to persons under departmental control at each departmental facility. Medical care shall include services providing for the person's physical and behavioral well-being as well as treatment for specific diseases or infirmities. (b) A physician lic…