New Hampshire Administrative Code

(a) This chapter shall apply to matters arising before the department, with the exception that these rules shall not apply to division of personnel appeals or to matters which are to be addressed by the division of personnel pursuant to Chapters Per 100 through 1500. (b) In matte…

Parts Adm 203 - Adm 211 shall be construed so as to foster the just, accurate and efficient resolution of all disputes in accordance with applicable law, including but not limited to the provisions of RSA 541-A: 31 - 38. Notes N.H. Admin. Code § Adm 202.03 #2235, eff 12-30-82; ss…

(a) Hearings shall be conducted by a presiding officer designated by the commissioner. (b) The presiding officer shall, as necessary:(1) Regulate and control the course of the hearing and any related conferences; (2) Pursuant to RSA 541-A: 31, V. (a) and RSA 541-A: 38, facilitate…

(a) Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any adjudicative proceeding for good cause. (b) Good cause shall exist if the presiding officer:(1) Has a direct interest in the outcome of the matter, incl…

The presiding officer, upon the motion of any party or intervenor, or on his or her own initiative, shall suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver: (a) Appears to be lawful; and (b) Is more likely to promote the just, ac…

(a) Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include…

(a) All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document. (b) All written documents governed by this chapter shall be rebuttably presumed to have been filed with the department on the date of receipt, if…

(a) All correspondence, pleadings, motions or other documents filed shall: (1) Include the title and docket number of the case, if known; (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size; (3) Be signed by the proponent of the document, or, if the …

(a) Unless otherwise specified by order of the presiding officer: (1) Copies of all motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to the presiding officer and to all other parties and intervenors, …

(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 based on information that was not received in time to prepare a written motion. (b) Oral motions and any oral objections to s…

(a) Petitions to commence an adjudicative proceeding shall: (1) Be in legible written form; (2) Be addressed to the commissioner; (3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301; (4) State t…

(a) An appearance shall be filed by: (1) Each party or by the party's representative, including the person who will appear on behalf of the department or its subunit; and (2) Each intervenor or the intervenor's representative, if any. (b) The appearance shall contain the followin…

(a) A prehearing or other conference shall be scheduled on the request of any party or intervenor, or on the initiative of the presiding officer, if the presiding officer concludes that to do so would facilitate the proceedings or encourage resolution of the dispute. (b) A prehea…

(a) Unless another procedure is required by law, the presiding officer shall record the hearing electronically or by any other method that will provide a verbatim record. (b) If any person requests a transcript of the recording of a hearing, the department shall: (1) Cause a tran…

(a) Parties, intervenors and representatives of parties or intervenors shall treat the process and all other participants, including the presiding officer, witnesses, parties, intervenors and representatives, with respect and fairness. (b) Parties, intervenors and representatives…

Parties, intervenors and representatives shall not engage in ex parte communications prohibited by RSA 541-A: 36. Notes N.H. Admin. Code § Adm 207.06 #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91 New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Pursuant to RSA 541-A: 33, I, the presiding officer shall administer an oath or affirmation to all persons who wish to present testimony. Notes N.H. Admin. Code § Adm 207.07 #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91 New. #7102, eff 9-23-99; ss by #8908, eff …

(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 presiding officer; and (3) Be delivered in copy to all parties and intervenors identified in the notice commencing the hearing…

(a) Approval of intervention by the presiding officer 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 …

(a) Personnel identified as the agency's representative in the proceeding shall be responsible for presenting the agency's case, whether or not he or she appears as a witness. (b) If not identified as the agency's representative in the proceeding, agency staff shall have no role …

(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 party shall be in default if the party: (1) Has the burden of proof on the issue or issues involved in the hearing; (2) Has been given notice of the hearing; and (3) Fails to attend the hearing. (b) If a party is in default under (a) above and does not file a request that t…

(a) Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing. (b) When a dispute arises concerning a request for the voluntary production of information…

(a) Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such no…

(a) At least 5 days before the hearing, the parties and intervenors, or their representatives, shall provide to the other parties and intervenors or their representatives: (1) A list of all witnesses to be called at the hearing, containing the names of the witnesses, their addres…

A party or intervenor claiming that an action or inaction of the agency is invalid, improper or contrary to law shall bear the burden of proving that proposition by a preponderance of the evidence, unless another standard or burden is imposed by law. Notes N.H. Admin. Code § Adm …

(a) Any individual offering testimony, evidence or argument shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified. (b) Testimony on behalf of the parties shall be…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A: 33. (b) Rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the presiding officer. (c) All documents, materials and objects offered as exhibits shall…

(a) Any party or intervenor may submit proposed findings of fact and rulings of law. (b) Each proposed finding of fact and ruling of law shall be numbered. (c) The presiding officer shall require the submission of proposed findings of fact and rulings of law, and specify a deadli…

After the conclusion of the hearing and the filing of such post-hearing submissions as may be ordered by the presiding officer, the record shall be closed and no additional evidence shall be received into the record except as allowed by Adm 211.06. Notes N.H. Admin. Code § Adm 21…

(a) If no decision pursuant to Adm 211.07(a) has yet been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence or claims of law. (b) A motion pursuant to (a) above shall be granted if:(1) There is no objection from an…

(a) No later than 60 days after the record has been closed, the presiding officer shall: (1) Issue a dated, written decision in accordance with paragraph (b) below; (2) Provide, by means of U.S. first class mail, certified mail, registered mail or personal delivery, a copy of the…

(a) No later than 30 days from the date appearing on the decision, a party may file with the commissioner a request for rehearing. (b) Requests for rehearing shall: (1) Be in a written motion addressed to the commissioner; (2) Be delivered to the following persons by either U.S. …

(a) If a request for rehearing is filed within 30 days of the date of the presiding officer's decision, the commissioner shall, within 10 days of the receipt of the request, grant rehearing, as further specified in paragraphs (c) through (e) below, if it appears from the record t…

The department shall keep all final decisions in its records for at least 5 years following the dates of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under R…

(a) Pursuant to RSA 541-A:4, any person may petition the commissioner to adopt, amend, or repeal a rule. (b) The petition shall: (1) Be in legible written form; (2) Be addressed to the commissioner; (3) Be delivered to the Office of the Commissioner, Department of Administrative …

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 § Adm 213.01 #8908, eff 9-22-07

(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 Adm 213.03. (b) People who wish to testify shall be asked to write on the speaker's list:(1) Their full names and addresses; and (2) The …

(a) The commissioner or the person designated by the commissioner to preside over a hearing shall: (1) Refuse to recognize for speaking or revoke the recognition of any person who: a. Speaks or acts in an abusive or disruptive manner; b. Fails to keep comments relevant to the pro…

(a) Public comment hearings shall be presided over by the commissioner or a person designated by the commissioner in accordance with RSA 541-A: 11, II. (b) The person presiding over a hearing shall:(1) Call the hearing to order; (2) Identify the proposed rules that are the subjec…

(a) Any person may petition the commissioner in writing for a declaratory ruling concerning the applicability of a rule or statute involving the department, other than rules or statutes implemented by the division of personnel, to a specific set of circumstances. (b) The petition…

A declaratory ruling shall apply only to the person requesting it and shall be confined to the facts presented pursuant to Adm 214.01. Notes N.H. Admin. Code § Adm 214.02 #8908, eff 9-22-07

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 Adm 215.01, 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 person affected by a rule of the commissioner may request that the commissioner waive or suspend the rule by filing a written request for waiver or suspension containing, at a minimum: (a) The name, address and telephone number of the person making the request and, if the perso…

If the commissioner concludes upon examination of the petition that the proposed waiver or suspension would likely affect persons other than the petitioner, the commissioner shall require that the petitioner provide notice to those persons and afford those persons the opportunity…

The commissioner shall grant a petition for waiver or suspension of a rule if the commissioner concludes: (a) That the petitioner has established: (1) That he or she would suffer a hardship by application of the rule; (2) Waiver or suspension would not conflict with statutes and …