New Hampshire Administrative Code

(a) Notwithstanding any other provision of this title, the board, within the limits of its authority, and acting through its members, officers, and employees, or through independent contractors, shall make inquiry of any person and otherwise gather data, and prepare reports descr…

(a) A formal investigation shall be commenced for the purpose of obtaining documents, recording testimony, and otherwise gathering data relevant to matters within the board's jurisdiction when the board believes this technique would be more effective than an informal investigatio…

(a) The board shall dismiss any complaint of misconduct if it determines that: (1) The complaint was not submitted in accordance with Fam 203.01; (2) The board is unable to proceed with investigation because the complainant has not timely responded to the board's request for furt…

(a) A complainant whose complaint is dismissed pursuant to Fam 203.04 may request the board reconsider its decision to dismiss the complaint. (b) A complainant who requests reconsideration of the board's dismissal of his or her complaint shall do so in writing within 30 days of t…

Allegors or complainants seeking to withdraw their allegations or complaints shall do so by submitting a written request to withdraw directly to the board. Notes N.H. Admin. Code § Fam 204.01 #9668, eff 4-2-10, (see Revision Note at chapter heading for Fam 200) Amended by Volume …

(a) The board shall suspend a certification pending adjudicative proceedings when it specifically finds that public health, safety or welfare requires such emergency action. (b) If the board makes such a specific finding, it shall:(1) Immediately suspend the certification pending…

(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) Hearings shall be conducted by a presiding officer designated by the board. (b) The presiding officer shall as necessary: (1) Regulate and control the course of the hearing; (2) Facilitate settlement of the dispute that is the subject of the hearing; (3) Take into account the…

(a) Upon his or her own initiative or upon the motion of any party or intervenor, hearings officers shall withdraw from any adjudicative proceeding for good cause. (b) Good cause shall exist if the officer: (1) Has a direct interest in the outcome of the matter, including but not…

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 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) 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 board and to all other parties and intervenors. (b) All notices, orders, decisions or other documents issued by the presiding o…

(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 board on the date of receipt, as evid…

(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) 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 board and to all other parties and intervenors. (b) All notices, orders, decisions, or other documents issued by the presiding…

(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) An appearance shall be filed by:(1) Each party or the party's representative, if any; and (2) Each intervenor or the intervenor's representative, if any. (b) The appearance shall contain the following information:(1) The docket number assigned by the board or a brief identifi…

(a) A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the board or the presiding officer if to do so would facilitate the proceedings or encourage resolution of the dispute. (b) A prehearing conference shall address one o…

(a) The presiding officer shall record the hearing by electronic recording or any other method that will provide a verbatim record. (b) If any person requests a transcript of the electronic recording of a hearing, the board shall: (1) Provide the requester with an estimate of the…

(a) The board shall commence adjudicative proceedings by giving the hearing notice described in (b) below:(1) To the parties; and (2) If a disciplinary hearing, to any person who submitted a written complaint of misconduct by the certified individual or entity whose actions or om…

(a) An appearance shall be filed by: (1) Each party or the party's representative, if any; and (2) Each intervenor or the intervenor's representative, if any. (b) The appearance shall contain the following information:(1) The docket number assigned by the board or a brief identif…

(a) A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the board or the presiding officer if to do so would facilitate the proceedings or encourage resolution of the dispute. (b) A prehearing conference shall address one o…

(a) The presiding officer shall record the hearing by electronic recording or any other method that will provide a verbatim record. (b) If any person requests a transcript of the electronic recording of a hearing, the board shall: (1) Provide the requester with an estimate of the…

(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 mailed in copy form to all parties identified in the notice commencing the hearing. (b) A petiti…

(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) Allegors and complainants shall have no role in disciplinary proceedings other than that of witness unless they petition for, and are granted, the right to intervene. (b) Unless called as witnesses or designated by the board to investigate a matter or present evidence, board …

(a) Any party or intervenor may make a 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 assist in resolving the case fair…

(a) A party shall be in default if the party: (1) Has the overall burden of proof; (2) Has been given notice in accordance with Fam 210.01; and (3) Fails to attend the hearing, unless the failure to attend the hearing is the result of accident, injury, illness, or other event bey…

At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors: (a) A list of all witnesses to be called at the hearing containing the names of the witnesses, their addresses and their telephone numbers; (b) Brief summaries of 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…

At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors: (a) A list of all witnesses to be called at the hearing containing the names of the witnesses, their addresses, and their telephone numbers; (b) Brief summaries of …

(a) Any party or intervenor may submit proposed findings of fact and rulings of law. (b) The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when:(1) Any part…

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 Fam 213.06. Notes N.H. Admin. Code § Fam 21…

(a) If no written proposal for disposition pursuant to Fam 213.07(d) or decision pursuant to Fam 213.07(a) has 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) a…

(a) The board shall issue a decision or order, whether or not the record has been reopened pursuant to Fam 213.06, based on:(1) A hearing attended by a quorum of the board; (2) A written proposal for disposition meeting the requirements of paragraph (d) below; or (3) A hearing he…

(a) Within 30 days of a decision or order any party or person directly affected may request a rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying: (1) The issues to be considered at the rehearing; and …

The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Fam 214.01 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02 New. #8370,…

(a) Any individual offering testimony, evidence, or arguments 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 …

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

(a) Any party or intervenor may submit proposed findings of fact and rulings of law. (b) The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when: (1) Any par…

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 Fam 214.06. Notes N.H. Admin. Code § Fam 21…

(a) If no written proposal for disposition pursuant to Fam 214.07(d) or decision pursuant to Fam 214.07(a) has 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) a…

(a) The board shall issue a decision or order, whether or not the record has been reopened pursuant to Fam 214.06, based on:(1) A hearing attended by a quorum of the board; (2) A written proposal for disposition meeting the requirements of paragraph (d) below; or (3) A hearing he…

(a) Within 30 days of a decision or order any party or person directly affected may request a rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying: (1) The issues to be considered at the rehearing; and …