New Hampshire Administrative Code

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed as soon as is practicable after the aggrieved party has been informed that his or her request for information has been denied or …

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) A subpoena for the attendance of witnesses or the production of evidence in disciplinary proceedings shall, pursuant to RSA 21-G:31, VI, be issued only upon the order of the chair as presiding officer, or if the chair is not the presiding officer, the committee or legal couns…

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time. Such a request shall be made at least 10 days prior to the hearing date. Any such motion made less than 10 days in advance of a hearing shall be accompanied by an af…

(a) If any party to whom notice has been given in accordance with Eth 208.03 fails to attend a hearing, the presiding officer shall, unless good cause is shown, declare that party to be in default, and hear the testimony and receive other evidence. (b) The defaulted party may fil…

The committee shall record the hearing by audio recording or other method that will provide a verbatim record. The recording shall be retained by the committee for 4 years from the date of the hearing. Notes N.H. Admin. Code § Eth 212.01 Derived From Volume XXXVIII Number 37, Fil…

Once a notice of hearing has been issued in an adjudicative proceeding, the presiding officer and each participating committee member shall not communicate with any party or person concerning the merits of the case except upon notice to the other parties and an opportunity for su…

In order to find an ethical violation the committee shall be convinced by clear and convincing evidence that such violation occurred. With respect to motions filed before the committee, the moving party shall have the burden of persuading the committee that his or her motion shou…

(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) Unless otherwise determined by the presiding …

The presiding officer and other committee members recognized by the presiding officer shall question witnesses and make such inquiry of witnesses, parties, or counsel, as he or she believes necessary to develop a sound record for decision. Notes N.H. Admin. Code § Eth 212.05 Deri…

Receipt of evidence shall be governed by the provisions of RSA 541-A:33. Notes N.H. Admin. Code § Eth 212.06 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, Effective 9/6/2018.

(a) 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 issues presented at the hearing, the presiding officer shall order the parties to submit proposed findings of fact and conclusio…

(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 (b) below and Eth 212.09. (b) Before the conclusion of the hearing, a party may request that the record be left open to allow the fili…

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, may reopen the record to receive relevant, material, and non-duplicative testimony, evidence, or arguments not previous…

(a) A committee member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the decision does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating all the testimony and oth…

The rules in this part are intended to set forth the requirements for submitting a motion for reconsideration of a decision of the committee prior to appealing the decision. Notes N.H. Admin. Code § Eth 213.01 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Propo…

The rules in this part shall apply to each motion for reconsideration of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction. Notes N.H. Admin. Code § Eth 213.02 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Propose…

(a) A motion for reconsideration shall be filed within 30 days of the date of a committee decision or order. (b) A motion for reconsideration shall:(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered; (2) Describ…

A motion for reconsideration shall be granted if the committee determines that its decision was erroneous, unlawful, or unreasonable. Notes N.H. Admin. Code § Eth 213.04 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, Effective 9/6/2018.…

The committee shall, at its next meeting, grant or deny a motion for reconsideration, or suspend the order or decision pending further consideration. Notes N.H. Admin. Code § Eth 213.05 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, Effecti…

A committee rule, or any amendment or repeal thereof, shall be proposed, adopted, and filed in accordance with RSA 541-A. Notes N.H. Admin. Code § Eth 214.01 Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12617-A, Effective 9/6/2018.

(a) A public comment hearing concerning any proposed rule, amendment to, or repeal of any rule shall be commenced by placing notice of the hearing in the rulemaking register so that it shall appear at least 20 days prior to the hearing date. (b) Public comment hearing shall be at…

(a) Any person may request the committee to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains: (1) A statement of the petitioner's request for the proposed rule; (2) The text of the proposed rule or a state…

(a) The committee shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a reasoned decision. (b) The committee shall deny the petition for rulemaking when the adoption, am…

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 committee including: (a) The name and address of the individual making the request; or (b) If the request is that of an organiz…

The committee shall, within 90 days of receiving a request in accordance with Eth 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 form;…

(a) A committee member shall not: (1) Fail to disclose a conflict of interest justifying good cause for recusal, as set forth in Eth 204.02(d) as soon as the member becomes aware or should have been aware of its existence; (2) Engage in any of the activities prohibited by RSA 21-…

(a) Pursuant to RSA 21-G:31-a, any executive branch official may submit a request for an advisory opinion from the committee on any matter within the committee's jurisdiction. Such requests shall be encouraged so that questions about ethical issues can be addressed before they ac…

(a) Any person may request that the committee issue an ethics guideline relating to the meaning of one or more provisions of RSA 15-A, RSA 15-B, and RSA 21-G:21-27 as applied to a general set of circumstances. (b) The request shall be submitted to the committee in writing. (c) Wi…

These rules implement the statutory responsibilities of the New Hampshire board of family mediator certification created by RSA 328-C:4. Notes N.H. Admin. Code § Fam 101.01 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02 New. #7916, eff 7-11…

As used in these rules, the following terms shall have the meanings indicated: (a) "Administrative assistant" means a person with delegated authority to perform administrative and clerical functions for the board. (b) "Board" means "board" as defined in RSA 328-C:2, I, namely, "t…

The responsibilities of the board are: (a) The certification, renewal of certification and reinstatement of certification of family mediators and family mediator training programs; (b) Disciplinary action against certified family mediators and certified family mediator training p…

The board consists of 11 members who meet the eligibility requirements of RSA 328-C:4. Notes N.H. Admin. Code § Fam 103.02 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02 New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at…

The board elects a chairperson every 2 years by a majority vote. Notes N.H. Admin. Code § Fam 103.03 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02 New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for F…

The board designates an administrative assistant and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board's day-to-day operations. Notes N.H. Admin. Code § Fam 103.04 #7916, eff 7-11-03; ss by …

(a) The board's location and mailing address are: Board of Family Mediator Certification Room 424 State House Annex 25 Capitol Street ConcordNH, 03301. (b) The board can be reached by phone at (603) 271-6593, by facsimile at (603) 271-1112 and by TTY users within New Hampshire by…

The board shall meet at least quarterly and shall schedule such additional meetings as business requires. Notes N.H. Admin. Code § Fam 104.01 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02 New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (s…

A quorum shall be a majority of the board members. Notes N.H. Admin. Code § Fam 104.02 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02 New. #7916, eff 7-11-03; ss by #9667, eff 4-2-10 (see Revision Note at chapter heading for Fam 100)

Minutes shall be kept of board meetings and of official actions taken by the board. These minutes shall record those members who participate in each vote and shall separately record the position of members who choose to dissent, abstain or concur. Notes N.H. Admin. Code § Fam 104…

(a) Notice of the time and place of board meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II. (b) Information about the time and place of board meetings shall also be available by telephone at the number stated in Fam 103.05(b). Notes N.H. Ad…

Pursuant to RSA 91-A:2, II, members of the public may attend and record board meetings, except for those parts of the meetings which are nonpublic sessions as set forth in RSA 91-A:3. Notes N.H. Admin. Code § Fam 105.02 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff …

(a) Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the board, including meeting minutes, which are public records and not exempt from disclosure under RSA 91-A:3, II, RSA 91-A:5 or other applicable law. (b) Meeting minutes shall be available as…

(a) "Adjudicative proceeding" means "adjudicative proceeding" as defined in RSA 541-A:1, I, namely "the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A: 36." (b) "Appearance" means a written notification to the board that a party, an in…

The board shall resolve by agreement or by a decision all disputes about non-criminal matters within the scope of RSA 328-C and the administrative rules implementing that statute. Notes N.H. Admin. Code § Fam 202.01 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22…

Fam 203-Fam 215 shall be construed to secure the just, accurate, and efficient resolution of all disputes. Notes N.H. Admin. Code § Fam 202.02 #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (see Revision Note at chapter heading for Fam 200) Amended by Volume XXXVIII Number 41, Filed …

Any person having a dispute with the board shall be entitled to an adjudicative hearing of the dispute if: (a) The legal rights, duties, or privileges of that person will be determined in the course of deciding the outcome of the dispute; and (b) Constitutional, statutory, or cas…

(a) Persons wishing to raise allegations of misconduct by a certified family mediator or in respect to a certified family mediator training program shall submit to the board's office a written allegation of misconduct including the information described in (b) below, using mail, …