New Hampshire Administrative Code

Every application, notice, motion, petition, brief or memorandum shall be signed by the person filing the document or by one or more attorneys in their individual names on behalf of such person. Notes N.H. Admin. Code § Dec 203.10 #4235, eff 2-20-87, EXPIRED: 2-20-93 New. #5700, …

(a) The committee shall permit the amendment of any document filed with the committee provided: (1) The party requesting the amendment shall give notice of the request to all persons on the service list for the proceeding; and (2) The committee determines that the amendment shall…

(a) Except as agreed to by the parties and approved by the committee, service of all documents relating to any proceeding, including but not limited to, applications, petitions, motions, prepared testimony, exhibits, briefs, orders, notices, and written communications shall be ma…

(a) The chairman of the committee shall be the presiding officer at the hearings, except as provided in (b) below. (b) In his or her absence at a particular hearing, the presiding officer shall appoint one of the committee members to be the presiding officer. Notes N.H. Admin. Co…

(a) The committee shall give 14 days notice of a hearing to:(1) The parties on the service list of a proceeding as established by a procedural hearing; (2) To persons required by statute to be notified; and (3) To such other additional persons who request the committee to include…

(a) Persons seeking to intervene in a proceeding shall file motions with the committee, with copies served on all parties identified in the committee's notice of hearing at least 3 days before the first hearing conducted pursuant to RSA 162-F:21. (b) The committee shall grant a m…

(a) A motion may be filed at any time by a party to a proceeding or by a person who has filed a motion to intervene which has not been denied. (b) All motions shall be filed in writing. (c) A motion shall clearly and concisely state:(1) The facts and law that support the motion a…

(a) Pursuant to RSA 541-A:31,V (b), the committee shall, upon motion of any party, or upon its own motion, schedule one or more informal prehearing conferences prior to the beginning of the formal proceedings in order to facilitate proceedings and encourage informal disposition. …

In hearings in an adjudicative proceeding, the owner of the nuclear electric generating facility subject to decommissioning shall be afforded the opportunity to open and close any part of the presentation. Notes N.H. Admin. Code § Dec 204.06 #4235, eff 2-20-87, EXPIRED: 2-20-93 N…

(a) As provided in RSA 541-A:31,V (a), unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. (b) The parties to any adjudicative proceeding before the committee may, by stipulation in writing f…

(a) All testimony of parties and witnesses shall be made under oath or affirmation. (b) As provided in RSA 541-A:33, II, the rules of evidence shall not apply in adjudicative proceedings before the committee. (c) Any oral or documentary evidence may be received, but the committee…

The committee shall limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing to avoid unnecessary cumulative evidence. Notes N.H. Admin. Code § Dec 204.09 #4235, eff 2-20-87, EXPIRED: 2-20-93 New. #5700, INTERIM, eff 9-17-93, EX…

(a) A party requesting postponement of a hearing shall file a request in writing at least 7 days prior to the date of hearing. (b) The party requesting postponement shall make a good faith attempt to seek the concurrence of the other parties to the request. (c) The committee shal…

(a) The committee shall recess, adjourn or continue any hearing if to do so will promote the orderly and efficient conduct of the proceeding. (b) The committee shall give notice of a continued session to those parties present at the hearing, and shall not be required to issue pub…

(a) Upon the request of a party or on its own motion, the committee shall allow parties to submit briefs at any point in an adjudicative proceeding if the committee determines that such briefing would assist the committee in its determination of the issues presented. (b) The comm…

(a) Five members of the committee shall constitute a quorum for the purpose of holding and conducting a hearing. (b) If a quorum of 5 members of the committee is lacking, then 4 members of the committee shall constitute a quorum for the purpose of holding and conducting the heari…

Unless otherwise specified by law, the party seeking relief through a petition, application, motion or complaint shall bear the burden of proving the truth of any factual proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Dec 204.14 #4235, eff 2-20-87, EXPIR…

(a) The rules in this section are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the committee prior to appealing the decision. (b) The rules in this section shall apply whenever any perso…

The committee shall keep a decision on file in its records for at least 50 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different …

(a) The committee shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A-4. (b) The committee shall grant the petition if the petition is consistent with statute and case law and will assist the committee with its statutory duties. Notes N.H. Admin. Code § …

(a) If requested by an interested person at any time before 30 days after final adoption of a rule, the committee shall issue a written explanation of the rule pursuant to RSA 541-A:11, VII. (b) An explanation issued pursuant to this section shall include:(1) A concise statement …

"Active license" means a New Hampshire license which has not been suspended, inactivated, revoked, or lapsed. Notes N.H. Admin. Code § Den 101.01 #287.2 eff 1-17-74; ss by #2981, eff 2-28-85; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97 New. #6908, eff 12-9-98

"Base" means a replacement material for lost dentin tooth structure. Notes N.H. Admin. Code § Den 101.02 #8099, eff 6-11-04

"Board" means the New Hampshire board of dental examiners established pursuant to RSA 317-A:2. Notes N.H. Admin. Code § Den 101.03 #287.2 eff 1-17-74; ss by #2981, eff 2-28-85; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97 New. #6908, eff 12-9-98

"Certification" means the process attesting that an individual has met certain predetermined standards specified by the certifying body. Notes N.H. Admin. Code § Den 101.04 #7969, eff 10-10-03

"Certified dental assistant" means a dental assistant who holds current certified dental assistant certification from the Dental Assisting National Board (DANB). Notes N.H. Admin. Code § Den 101.05 #8224, eff 12-8-04 Amended by Volume XXXVII Number 50, Filed December 14, 2017, Pr…

"Clinical" means having to do with the direct observation and treatment of patients. Notes N.H. Admin. Code § Den 101.06 #287.2 eff 1-17-74; ss by #2981, eff 2-28-85; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97 New. #6908, eff 12-9-98; ss by #9777-A, eff 9-3-10; ss by #9956, eff 7-1…

"Dental assistant" means any person who assists the dentist in carrying out the clinical duties of a dental office. Notes N.H. Admin. Code § Den 101.07 #4298, eff 7-28-87; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97 New. #6908, eff 12-9-98 Renumbered from Den 101.06 Volume XXXVII Nu…

"Dental hygienist" means a person holding a current license issued by the board under RSA 317-A:21. Notes N.H. Admin. Code § Den 101.08 #287.2 eff 1-17-74; ss by #2981, eff 2-28-85; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97 New. #6908, eff 12-9-98 Renumbered from Den 101.07 Volume…

"Dentist" means a person holding a current license issued by the board under RSA 317-A:7 and RSA 317-A:20. Notes N.H. Admin. Code § Den 101.09 #287.2 eff 1-17-74; ss by #2981, eff 2-28-85; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97 New. #6908, eff 12-9-98; ss by #7556, eff 9-20-01 …

"Diagnosis" means the identification of a disease from its signs and symptoms. Notes N.H. Admin. Code § Den 101.10 #287.2 eff 1-17-74; ss by #2981, eff 2-28-85; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97 New. #6908, eff 12-9-98 Amended by Volume XXXVI Number 01, Filed January 7, 20…

"Direct supervision" means a dentist with an active license is in the dental office, authorizes the procedure and remains in the dental office while the procedures are being performed and evaluates the performance of the dental hygienist or dental assistant before dismissal of th…

"General supervision" means a dentist with an active license has authorized the procedures, and the procedures are being carried out in accordance with their diagnosis and treatment plan, and the procedures will be personally evaluated and reviewed by the dentist with the patient…

"Graduate dental assistant" means a dental assistant who has graduated from a Commission on Dental Accreditation (CODA) accredited school of dental assisting. Notes N.H. Admin. Code § Den 101.13 #7969, eff 10-10-03 Amended by Volume XXXVII Number 50, Filed December 14, 2017, Prop…

"Indirect supervision" means a dentist with an active license is in the dental office, authorizes the procedures, and remains in the dental office while the procedures are being performed by the dental hygienist or dental assistant and evaluates the performance of the dental hygi…

"Letter of concern" means a written letter from the board drawing the licensee's attention to specific acts or omissions that could place the licensee at risk of future disciplinary action. A letter of concern is non-disciplinary and is sent to the licensee following a communicat…

"Licensure" means the process by which the board, to protect the public, grants written permission to persons meeting qualifications set forth in these rules to engage in the practice of dentistry or dental hygiene. Notes N.H. Admin. Code § Den 101.16 #8099, eff 6-11-04 Renumbere…

"Licensure by endorsement certification" means granting a license to practice dentistry or to provide dental hygiene services in New Hampshire based upon compliance with the applicable requirements of Den 300, and holding a current, unsuspended, unrestricted license to practice i…

"Licensure by examination" means granting a license to practice dentistry or to provide dental hygiene services in New Hampshire based upon compliance with the applicable requirements of Den 300, and passage of the American Board of Dental Examiners (ADEX) or any similar national…

"Liner" means a material placed in a tooth for reasons other than to replace tooth structure. Notes N.H. Admin. Code § Den 101.19 #287.2 eff 1-17-74; ss by #2981, eff 2-28-85; ss by #4262-a, eff 5-19-87; ss by #5110, eff 4-4-91; amd by #5722, eff 10-15-93; ss by #6908, eff 12-9-9…

"Monitor" means to observe for a special purpose. Notes N.H. Admin. Code § Den 101.20 #6097, eff 9-29-95; ss by #6908, eff 12-9-98; ss by #10328-A, eff 5-7-13 Renumbered from Den 101.17 Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12427, Effective 12/6/2017.…

"Moral turpitude" means baseness, vileness, or dishonesty to a high degree. Notes N.H. Admin. Code § Den 101.21 #6097, eff 9-29-95; ss by #6908, eff 12-9-98 Renumbered from Den 101.18 Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12427, Effective 12/6/2017.…

"Personally evaluated" means that a dentist with an active license performs an oral exam on the patient once in a 12 month period. Notes N.H. Admin. Code § Den 101.22 #7671, eff 4-4-02; ss and moved by #8224, eff 12-8-04 (formerly Den 101.19 ) Amended by Volume XXXVII Number 50, …

"President" means president of the board chosen pursuant to RSA 317-A:4. Notes N.H. Admin. Code § Den 101.23 #6908, eff 12-9-98 Renumbered from Den 101.19 Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12427, Effective 12/6/2017.

"Public health supervision" means a dentist with an active license authorizes procedures which are to be carried out by a dental hygienist with an active license practicing in a school, hospital or other institution, or for a homebound person without the dentist having to be pres…

"Qualified" means meeting the requirements of Den 302.05. Notes N.H. Admin. Code § Den 101.25 #8224, eff 12-8-04 Renumbered from Den 101.21 Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12427, Effective 12/6/2017.

"Registration" means to secure official entry on the roster of persons having a dental or dental hygiene license in New Hampshire. Notes N.H. Admin. Code § Den 101.26 #8224, eff 12-8-04 Renumbered from Den 101.22 Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #1242…