New Hampshire Administrative Code

(a) Forums shall be open to the print and electronic media. (b) The chairperson or a designee shall limit the activity of the print and electronic media to avoid disruption by: (1) Limiting the number of media representatives when their number, along with the number of citizens p…

(a) Forums or board meetings shall be presided over by the chairperson or a designee. (b) The chairperson or designee shall: (1) Call the forum to order; (2) Cause minutes to be taken; (3) Request that each person wishing to speak shall place his or her name on the speakers list …

(a) Each person who wishes to speak on the issue or issues which are the subject of the forum shall provide the following information on a speakers list provided by the board: (1) His or her full name and address; and (2) The name of each interest group which he or she represents…

(a) In conducting forums, the chairperson or a designee, at any time before or during a public forum, shall:(1) Refuse to recognize a person who refuses to comply with Esb 206.06 above; (2) Revoke recognition of a speaker who does not comply with Esb 206.06 above; and (3) Limit t…

(a) The purpose of the rules of the committee is to implement the provisions of RSA 21-G:29 - 35 and establish a process for resolving issues should questions arise regarding past or future conduct. (b) The purpose of this chapter is to set forth definitions to be used throughout…

(a) The rules of this committee shall apply to every state executive branch official, as defined in RSA 21-G:21, II-a and Eth 102.06, whether paid employee or volunteer, who is not a classified employee, and any former executive branch official against whom a complaint was filed …

"Agency" means "agency" as defined in RSA 21-G:21, I, namely, "any executive branch agency, department, division, board, commission, or entity of the executive branch." Notes N.H. Admin. Code § Eth 102.01 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed b…

"Agency head" means "agency head" as defined in RSA 15-A:2, II, namely, "the commissioner or equivalent leader of any department, and the highest ranking member of any commission, board, institution, bureau, or office which is not a subordinate component of a department or equiva…

"Classified employee" means any state employee whose position is part of the state classification system maintained by the department of administrative services, as listed at https://das.nh.gov/HRJobClassifications/ClassSpecifications.aspx. Notes N.H. Admin. Code § Eth 102.03 Der…

"Committee" means the executive branch ethics committee established pursuant to RSA 21-G:29, I. Notes N.H. Admin. Code § Eth 102.04 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, Effective 9/6/2018.

"Constitutional official" means "constitutional official" as defined in RSA 15-B:2, II, namely, "the secretary of state, the state treasurer, their deputies, assistants, and all employees of their departments." Notes N.H. Admin. Code § Eth 102.05 Derived From Volume XXXVIII Numbe…

"Executive branch official" means "executive branch official" as defined in RSA 21-G:21, II-a, namely, "the governor, members of the executive council, every commissioned, unclassified, or nonclassified executive branch employee other than one elected by the legislature, every co…

(a) The committee consists of 7 members nominated as set forth in RSA 21-G:29, III, and approved by governor and council as set forth in RSA 21-G:29, IV. (b) The committee is statutorily authorized to:(1) Issue ethics guidelines consistent with RSA 21-G:21 - 35, RSA 15-A, and RSA…

(a) As required by RSA 21-G:29, III, membership of the committee includes: (1) The governor's nominees, of whom one is a Democrat, one is a Republican, and one has no political party affiliation; (2) The secretary of state's nominees, of whom one is a Democrat and one is a Republ…

A committee member shall not actively participate in local or state partisan political activity but shall not be prohibited from attending political events. Notes N.H. Admin. Code § Eth 103.03 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, …

The committee shall request to meet with the legislative ethics committee established under RSA 14-B at least twice yearly, and at such additional times as called for by the chair or by majority vote of the committee, to facilitate uniformity in the interpretation of statutory pr…

A quorum for a meeting or hearing consists of 4 members. Notes N.H. Admin. Code § Eth 103.05 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, Effective 9/6/2018.

(a) All actions of the committee require an affirmative vote of 4 or more members except as provided in (b) and (c) below. (b) A vote to summarily dismiss a complaint is required to be a unanimous vote of the members present and voting. (c) A vote pursuant to RSA 21-G:31, VII req…

Pursuant to RSA 91-A:2, II, members of the public may attend and record committee meetings except for those parts of the meetings which are nonpublic sessions pursuant to RSA 91-A:3 and RSA 21-G:31, V. Notes N.H. Admin. Code § Eth 103.07 Derived From Volume XXXVIII Number 37, Fil…

(a) Notice of the time and place of committee meetings, excluding emergency meetings, is given in accordance with RSA 91-A:2, II. (b) Information about the time and place of committee meetings shall also be available: (1) By telephone at the number stated in Eth 104.01(b); and (2…

(a) Minutes are kept of committee meetings and of official actions taken by the committee. (b) These minutes record those members who participate in each vote and separately record the position of members who choose to dissent, recuse themselves or concur. Notes N.H. Admin. Code …

(a) The committee's office and mailing address is: Executive Branch Ethics Committee c/o Department of Justice 33 Capitol Street Concord, New Hampshire 03301 (b) The committee may be reached by telephone at the NH department of justice at (603) 271-3658. (c) Access for in-state T…

(a) Persons wishing to make a submission to the committee, other than a complaint, or make a request of the committee may:(1) Send or submit a letter to the mailing address stated in Eth 104.01(a) or (d); (2) Send an email to the address listed in Eth 104.01(d); (3) Call the numb…

The records of the committee shall be maintained at the department of justice, which shall respond to requests to examine those portions of the committee's records which are governmental records, per RSA 91-A:4. Notes N.H. Admin. Code § Eth 104.03 Derived From Volume XXXVIII Numb…

(a) Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the committee, including meeting minutes, which are governmental records and not exempt from disclosure under RSA 91-A:5, RSA 21-G:31, V, or other applicable law. (b) Ethics guidelines and opin…

The public may: (a) Inspect and copy the official version of the committee's administrative rules at the committee's office; (b) Receive a copy of the rules by calling or writing the committee; and (c) Access the rules on the committee's website at http://doj.nh.gov/ethics-commit…

The purpose of this chapter is to provide the procedure for requests for advisory opinions, complaints, investigations, and hearings conducted by the committee. The provisions of these rules are intended to supplement the procedures established by RSA 21-G, RSA 541-A, and any oth…

The rules in this chapter shall apply to: (a) The processing of any complaint received or made by the committee, including: (1) Examining and potentially summarily discharging a complaint pursuant to RSA 21-G:31, I(a); (2) Initial reviewing of and potentially dismissing a complai…

(a) "Advisory opinion" means a written opinion of the committee, issued in response to a written request by an executive branch official, that provides advice on the application of one or more sections of RSA 15-A, RSA 15-B, and RSA 21-G:21-35 to a specific set of circumstances i…

(a) Any person who believes that a person subject to the jurisdiction of the committee has violated the provisions of RSA 21-G:21 - 35, RSA 15-A, or RSA 15-B may submit a complaint to the committee on the "Executive Branch Ethics Committee Complaint Form" provided by the committe…

(a) The complainant shall supply the following information on the "Executive Branch Ethics Committee Complaint Form":(1) The complainant's name, address, daytime phone or cell number, and email; (2) The complainant's title, position, and agency, if applicable; (3) The name of the…

(a) Upon receipt of a non-deficient complaint, and before any other action is taken by the committee, the committee shall provide a copy of the complaint to the respondent(s), and inform the respondent of the date of the next committee meeting and that he or she may submit a writ…

(a) All hearings conducted by the committee shall be presided over by the chair of the committee serving as a presiding officer. In the event that the chair is, for any reason, not available, the vice chair shall serve as presiding officer. If the vice chair is, for any reason, n…

(a) Upon his or her own initiative or upon the motion of any party, a committee member, including the presiding officer, shall, for good cause recuse him- or herself from any hearing. If a member recuses him- or herself, no explanation of the reason for recusal shall be required …

The presiding officer, upon his or her own initiative or upon the motion of any party, shall waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver appears to be lawful and would be more likely to promote th…

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the committee on the actual date of receipt by the committee, as evidenced by a date stamp placed on the document by the co…

(a) Except complaints under Eth 203.01, all correspondence, pleadings, motions, or other documents filed under these rules shall:(1) Include the title and docket number of the proceeding, if known; (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;…

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party in a proceeding governed by these rules shall be delivered by that person to all other parties in the proceeding. (b) All notices, orders, decisions, or other documents issued by the …

(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 committee, 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 objection to su…

A hearing shall be commenced by an order of the committee giving notice to the parties as required by Eth 208.03. Notes N.H. Admin. Code § Eth 208.01 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, Effective 9/6/2018.

A docket number shall be assigned to each matter to be heard, and it shall appear on the notice of hearing and all subsequent orders or decisions of the committee. Notes N.H. Admin. Code § Eth 208.02 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12…

(a) A notice of a hearing issued by the committee shall contain the information required by RSA 541-A:31, III, namely: (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…

(a) The respondent and each party or the party's representative shall file an appearance that includes the following information: (1) A brief identification of the matter including the docket number, if known; (2) A statement as to whether or not the representative is an attorney…

(a) Upon any party's request, or upon the presiding officer's own initiative, the presiding officer shall schedule a prehearing conference in accordance with RSA 541-A:31, V when such a conference will facilitate the proceedings. (b) Prehearing conferences shall include, if appli…

Whenever it shall appear to the committee, upon motion or its own initiative, that 2 or more proceedings involve related issues, the committee shall, as fairness and efficiency permit, consolidate those proceedings for hearing, or decision, or both. Notes N.H. Admin. Code § Eth 2…

Whenever it shall appear to the committee, upon motion or its own initiative, that injury to the substantial rights of a party or undue delay may be thereby avoided, the committee shall, as fairness and efficiency permit, sever one or more issues from a proceeding, and dispose of…