New Hampshire Administrative Code

(a) An agency or other entity providing property for redistribution, for disposal, or for sale at the time of a state auction or other competitive bidding process shall: (1) Transport the item to the surplus property warehouse at White Farm on Clinton Street in Concord, or to suc…

(a) The cost of any repairs conducted by state surplus management in order to maximize the potential sales price of an item submitted to it for redistribution or disposal, including the cost of purchasing parts, shall be deducted from the proceeds that are returned under Adm 611.…

Entities that are part of New Hampshire state government that submit any computer or computer component designed to store data to state surplus management for redistribution or disposal shall: (a) Completely remove or destroy the hard drive or other component of the computer on w…

(a) Pursuant to RSA 21-I:12, I (a)(6), upon acceptance of an item from any entity that is part of New Hampshire state government, other than property obtained by the state as the result of a forfeiture or seizure, state surplus management shall assign to the item an initial estim…

(a) Agencies as defined in Adm 611.01(a) shall:(1) Immediately declare all surplus items, including vehicles that are no longer part of an agency's fleet, by making a NH First entry on the IC 20 screen described below; and (2) Make a disposition of surplus property that state sur…

(a) Except as provided in (b) below, an agency or other entity submitting a motor vehicle for redistribution or disposal under these rules shall, for each vehicle, submit to state surplus property at 144 Clinton Street, Concord, NH 03301-2297, at the time of delivery of the vehic…

(a) An agency shall not utilize an item that would otherwise be declared surplus, and that would therefore be subject to redistribution or disposal under these rules, as a trade-in for goods or services that the agency intends to obtain from another entity without first contactin…

Items that have been submitted for redistribution or disposal under these rules, or digital photographs thereof, shall be available for viewing at such times and at such places as the division specifies for this purpose. Notes N.H. Admin. Code § Adm 611.10 (See Revision Note at p…

(a) Items submitted to state surplus property management that are subject to redistribution and are determined to have further useful life shall be redistributed in accordance with the procedure set forth below. (b) Agencies having a need for any item that has been or may be subm…

All recipients of property redistributed or disposed of under these rules shall receive an invoice or receipt and shall make payment according thereto. Notes N.H. Admin. Code § Adm 611.12 (See Revision Note at part heading for Adm 611) #10364, eff 7-1-13 Amended by Number 37, Fil…

(a) If no entity wishes to acquire an item by way of redistribution under Adm 611.11, and if no other form of disposition has occurred under RSA 21-I:12, I(a)(6), the item shall, following the 14 day period set forth in Adm 611.11(e), be offered for sale to the public in the mann…

If items are to be disposed of by way of an auction or other competitive bidding process, state surplus management shall establish a closing date. Notes N.H. Admin. Code § Adm 611.14 (See Revision Note at part heading for Adm 611) #10364, eff 7-1-13 Amended by Number 37, Filed Se…

(a) Revenue generated from the disposal of property shall be distributed as follows: (1) Revenue generated from the disposal of items that were originally purchased by the entity which submitted the item with funds from the general revenue fund under RSA 6:12 shall revert to the …

(a) If a state government entity acquires property through redistribution and pays for the redistributed property using the same source that the entity used to purchase the property initially, then the following shall apply: (1) The acquirer shall pay to state surplus management …

If, pursuant to RSA 21-I:17-c, the division has entered into a contract for the disposition of certain property, such as a contract for recycling of materials under RSA 9-C, agencies shall use such contracts for the disposition of that property unless granted a waiver pursuant to…

Entities that are part of New Hampshire state government, but which are not agencies as defined in Adm 611.01 (a), that submit property to state surplus management by the use of the form described in Adm 611.07 shall: (a) Be deemed to agree that state surplus management may redis…

These rules set forth requirements for applicants for and participants in the following federal surplus food programs addressed in 7 CFR Chapter II Parts 210 to 299: (a) National School Lunch Program; (b) Child and Adult Care Food Program; (c) Summer Food Service Program for Chil…

(a) The surplus distribution section shall act relative to the programs described above in a manner which accords with federal regulations relating to those programs, as set forth at 7 CFR Chapter II, Parts 210 to 299. (b) The definitions, standards, requirements, guidelines, and…

(a) "Applicant" means an entity that requests participation in one of the programs listed in Adm 612.01. (b) "Federal surplus food distribution program" means the program for the distribution of food donated by the United States government that is handled by the surplus distribut…

To apply for participation in the National School Lunch Program, the Child and Adult Care Food Program, or the Summer Food Service Program for Children, the applicant shall: (a) Before submitting the "Agreement For Distribution and Use of USDA Donated Commodities" form described …

(a) An applicant shall complete the "Agreement For Distribution and Use of USDA Donated Commodities" form, as amended 7-20-2023, if required under these rules, and in accordance with 7 CFR Chapter II, 250.12(b), provided by the surplus distribution section. (b) The authorized rep…

In addition to the fully executed "Agreement For Distribution and Use of USDA Donated Commodities" form described in Adm 612.05 above, an applicant for participation in the national school lunch program shall submit: (a) If the applicant utilizes or is considering utilizing a foo…

In addition to the fully executed "Agreement For Distribution and Use of USDA Donated Commodities" form described in Adm 612.05 above, an applicant for participation in the child and adult care food program shall submit: (a) If the applicant utilizes or is considering utilizing a…

In addition to the fully executed agreement form described in Adm 612.05 above, an applicant for participation in the summer food service program for children shall submit: (a) A fully executed "Rider To Agreement Form", as amended 7-20-2023, provided by the surplus distribution …

To apply for participation in the Summer Camp Food Service Program described at 7 CFR Chapter II, 250.61, an applicant shall submit to the surplus distribution section: (a) A fully executed "Agreement For Distribution and Use of USDA Donated Commodities" form, as amended 7-20-202…

To apply for participation in the charitable institution program under 7 CFR Part II, Section 250.67, an applicant shall submit to the surplus distribution section: (a) A fully executed "Agreement For Distribution and Use of USDA Donated Commodities" form containing all informati…

To be eligible for participation in the emergency food assistance program, the applicant shall meet the federal eligibility criteria and requirements established under 7 CFR Chapter II, Section 251. Notes N.H. Admin. Code § Adm 612.11 #8310, eff 5-11-05; ss by #10364, eff 7-1-13 …

(a) In accordance with 7 CFR, Chapter II, Section 250.16(a), each entity receiving donated foods from the surplus distribution section shall maintain accurate and complete records of the following:(1) The amounts and values of commodities refused by school food authorities; and (…

(a) Participants in all programs described in Adm 612 shall: (1) Utilize the first-in, first-out system of inventory rotation known as the "FIFO System"; and (2) Use the carton containing donated commodities marked with the oldest date before using more recently-dated cartons. (b…

(a) A recipient agency as defined in 7 CFR Chapter II, Section 250.3 that fails to yearly renew an agreement with the surplus distribution section shall be suspended from the program until such time as the entity provides the agreement. (b) As provided by 7 CFR Chapter II, Sectio…

Entities which have, in the previous year, been involved in the summer food service program for children or charitable institution programs that do not again wish to participate in these programs shall submit to the surplus distribution section a fully executed "Participation For…

(a) These rules shall apply to applicants for the federal surplus property program described in 41 CFR 102-37 and administered within this state by the surplus distribution section established under RSA 21-I:12, I(a)(7). (b) The definitions, standards, guidelines, and procedures …

(a) "Eligibility application" means the document provided to the surplus distribution section by the federal surplus property program to facilitate the submission of information required under 41 CFR 102-37 and any supporting materials that are required thereby. (b) "Federal prop…

(a) To be eligible for participation in the federal surplus property program, an applicant shall: (1) Pursuant to 41 CFR 102-37.390, be an entity that falls within the definitions of eligible entities listed in 41 CFR 102-37.380 as further defined in 41 CFR 102-37, Appendix C, "G…

(a) Donees shall retain all federal property records for not less than 3 years, except: (1) Records involving property subject to restrictions for more than 2 years shall be kept for one year beyond the specified period of restriction; and (2) Records involving property in compli…

(a) Eligibility of an applicant for donated property shall be determined in accordance with 41 CFR 102-37. (b) Pursuant to 41 CFR102-37.420 if an applicant's eligibility is dependent upon receiving licensure, accreditation, or approval, and if the applicant is otherwise eligible,…

An applicant shall acquire and use federal surplus property only for the purposes set forth in 41 CFR 102-37.435. Notes N.H. Admin. Code § Adm 613.06 #8310, eff 5-11-05; ss by #10364, eff 7-1-13 Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13422, Effectiv…

(a) Pursuant to 41 CFR 102-37.450 (a), all property acquired by a donee under the federal surplus property program shall be transferred and accepted on an "as is and where is" basis, without warranty of any kind. (b) Pursuant to 41 CFR 102-37.450 (a), a donee of property under th…

(a) In accordance with 41 CFR 102-37.410, if any donee fails to maintain its eligibility, distribution of property to that donee shall be terminated and any usable property still subject to federal restrictions shall be recovered. (b) A donee that fails to comply with any written…

Terms in this chapter shall have the following meanings: (a) "Agency" means any department, commission, board, institution, bureau, office or other executive-branch entity established by statute, session law or executive order, unless it is part of a larger executive-branch entit…

(a) The head of each agency shall:(1) Ensure compliance with the rules in this chapter; (2) Devote resources adequate to carry out such rules; (3) Include safety metrics in management reporting; and (4) Endorse written agency safety policies required by Adm 704.01 through approva…

(a) The head of an agency with 50 or more employees shall designate a risk management coordinator to act as liaison between the agency and the unit. (b) The risk management coordinator shall be: (1) An employee with direct access to the agency head or his or her designee; and (2)…

The responsibilities of the agency risk management coordinator shall be to: (a) Familiarize the following people with the contents of this chapter: (1) The head of the agency that designated him or her; (2) The joint loss management committee established pursuant to Lab 603.02; a…

(a) Each agency with 15 or more employees shall have a written health and safety program meeting the requirements of Adm 704. (b) Each agency shall make its written health and safety program available to every agency employee: (1) When the employee is first hired; (2) Annually th…

(a) At the request of the unit, an agency shall make available a copy of its current written health and safety program. (b) The unit shall review and recommend to the agency such changes as would: (1) Be more effective in reducing risk and protecting employee health and welfare; …

Each agency created after the effective date of this rule with 15 or more employees, and each agency with 15 or more employees if it has not previously done so, shall file a completed department of labor form WCSSF pursuant to Lab 602.02. Notes N.H. Admin. Code § Adm 703.03 #9072…

The risk management health and safety summary form, upon its completion by the agency, shall disclose the following information: (a) The name of the agency; (b) The years to which the summary applies; (c) The name and job title of the person responsible for filling out the form; …