New Hampshire Administrative Code

(a) The board 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 decision. (b) The board shall grant the petition for rulemaking if the adoption, amendment, or repeal…

The board's chair or other person designated by the board to preside over a hearing on proposed rules shall: (a) Refuse to recognize for speaking or revoke the recognition of any person who:(1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant…

Public comment hearings on proposed rules shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward: (a) Limitation of the number of media representatives when their number together with …

(a) Public comment hearings on proposed rules shall be attended by a quorum of the board. (b) Public comment hearings on proposed rules shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by t…

The purpose of this part is to provide uniform procedures for the conduct of public comment hearings on proposed rules held pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Fam 217.01 #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (formerly Mar 215.01, see Revision Note at chapter …

(a) Public comment hearings on proposed rules shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Fam 217.03. (b) People who wish to testify shall be asked to write on the speaker's list: (1) Their full names and addr…

The board's chair or other person designated by the board to preside over a hearing on proposed rules shall: (a) Refuse to recognize for speaking or revoke the recognition of any person who:(1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant…

Public comment hearings on proposed rules shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward: (a) Limitation on the placement of cameras to specific locations within the hearing ro…

(a) Public comment hearings on proposed rules shall be attended by a quorum of the board. (b) Public comment hearings on proposed rules shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by t…

(a) Any person directly affected by RSA 328-C or by any rule of the board may request a declaratory ruling concerning the applicability of a provision of RSA 328-C or a rule of the board to a specific set of circumstances. (b) The request shall: (1) Be addressed to the board and …

(a) The board shall respond within 120 days to a request for a declaratory ruling in a letter signed by a board member stating:(1) That the law or rule inquired about applies to the specific set of circumstances described and how it applies; (2) That the law or rule inquired abou…

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 board including: (a) The name and address of the person making the request; or (b) If the request is that of an organization or…

The board shall, within 90 days of receiving a request in accordance with Fam 218.01, 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; and…

"Association for Conflict Resolution (ACR)" means a national professional organization dedicated to enhancing the practice of conflict resolution by setting standards of practice. Notes N.H. Admin. Code § Fam 301.01 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22…

"Board" means the board of family mediator certification established by RSA 328-C:4. Notes N.H. Admin. Code § Fam 301.02 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02 New. #7917, eff 7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-…

"Case supervision" means a discussion between an intern and a currently certified family mediator or a mediator currently approved by a CRO as an advanced practitioner or advanced educator member regarding a co-mediation performed or in the process of being performed by them. Not…

"Certified family mediator" means "certified family mediator" as defined in RSA 328-C:2, II, namely, "a person certified under the provisions of this chapter to act as a family mediator." Notes N.H. Admin. Code § Fam 301.04 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, …

"Co-mediation" means mediation performed jointly by an intern or a certified family mediator and either a certified family mediator or a mediator currently approved by a CRO as an advanced practitioner or advanced educator member. Notes N.H. Admin. Code § Fam 301.05 #5609, eff 4-…

"Conflict resolution organization (CRO)" means a professional state, regional, or national non-profit organization dedicated to enhancing the practice of conflict resolution which meets the criteria of the board's training program requirements outlined in Fam 600. Notes N.H. Admi…

"Core mediation training" means a training of at least 40 hours covering the topics described in Fam 303.05 and given by a provider meeting the requirements of Fam 303.03(b). Notes N.H. Admin. Code § Fam 301.07 #5609, eff 4-6-93, EXPIRED: 4-6-99 New. #7716, INTERIM, eff 6-22-02, …

"Family mediator" means "family mediator" as defined in RSA 328-C:2, V, namely "an impartial third person who, with the consent of the parties in a family dispute, assists and enables the parties to work together to reach a mutually satisfactory settlement of the issues in the di…

"Intern" means a person who is in the process of meeting the requirements of Fam 303.07. Notes N.H. Admin. Code § Fam 301.09 #7917, eff 7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300) Amended b…

"Internship supervisor" means a New Hampshire certified family mediator who has at least 3 years' experience mediating family matters and has mediated at least 25 family cases. Notes N.H. Admin. Code § Fam 301.10 #7917, eff 7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-…

"Mediated agreement" means a written agreement reached in mediation. Notes N.H. Admin. Code § Fam 301.11 #7917, eff 7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300) Amended by Volume XXXVIII Num…

"Model Standards of Practice for Family and Divorce Mediation" means the "Model Standards of Practice for Family and Divorce Mediation" developed by The Symposium on Standards of Practice and finalized on August 5, 2000, and available as noted in Appendix II. Notes N.H. Admin. Co…

"New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV)" means an umbrella organization for a statewide network of 13 independent member programs committed to ending domestic and sexual violence. Notes N.H. Admin. Code § Fam 301.13 #8719, eff 11-1-06; ss by #8930,…

"New Hampshire Conflict Resolution Association" means a private non-profit organization with a membership interested in the practice and public understanding of peaceable conflict resolution, formerly known as New Hampshire Mediation Association. Notes N.H. Admin. Code § Fam 301.…

"Parenting plan" means a document used to establish or modify an order for parental rights and responsibilities as outlined in RSA 461-A:4, II and RSA 461-A:11. Notes N.H. Admin. Code § Fam 301.15 #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision …

"Training specific to New Hampshire" means training about New Hampshire laws and procedures as described in Fam 303.06. Notes N.H. Admin. Code § Fam 301.16 Derived From Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12634, Effective 10/2/2018, Expires 10/2/2028.…

(a) A person seeking initial certification as a family mediator shall submit to the board or arrange for the board to receive:(1) A completed application form containing the information specified by Fam 302.03; (2) The documentation specified by Fam 302.04; and (3) The certificat…

The 90-day deadline in Fam 302.01(e) shall be waived by the board for up to 52 weeks from the date the initial application was received by the board, on the basis of a letter identifying at least one of the following reasons for the inability to comply with the deadline: (a) Pers…

(a) The "Mediator-Initial Application" form shall be provided by the board and consist of 2 parts, the confidential personal data part of the form and the public information part of the form. (b) On the confidential personal data part of the form the applicant shall supply the fo…

In addition to the completed application form the applicant shall submit or otherwise arrange for the board to receive: (a) As an attachment to the application form, an authenticated transcript or similar authenticated document showing that the applicant received the education re…

(a) The 3 letters of recommendation shall consist of: (1) A letter addressing the applicant's competence as a family mediator, written by each one of the applicant's internship supervisors; and (2) Additional letters, if additional letters should be required to reach the 3-letter…

To be eligible for certification as a family mediator, an applicant shall: (a) Meet the academic eligibility requirements set forth in Fam 303.02; and (b) Meet the following additional requirements:(1) Mediation training as required by Fam 303.03; (2) Internship as required by Fa…

Applicants shall have earned at least a bachelor's degree in any field. Notes N.H. Admin. Code § Fam 303.02 #7917, eff 7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300) Amended by Volume XXXVIII …

(a) To be eligible for certification as a family mediator, an applicant shall: (1) Have completed, within the 3 years preceding the date of application, at least 48 hours of mediation training, including:a. At least 24 hours of core mediation training described in Fam 303.05 give…

(a) To be eligible for certification as a family mediator, an applicant shall have completed at least 8 hours of domestic violence training: (1) Meeting the requirements of (b) below; and (2) Provided by currently certified New Hampshire family mediator training programs. (b) Dom…

Core mediation training shall include the following components of mediation knowledge and skill: (a) Procedures to be used by mediators for gathering information from mediation parties, from the parties' records and from outside sources such as attorneys, appraisers, accountants,…

Mediation training specific to New Hampshire shall consist of training in: (a) New Hampshire laws and procedures regarding divorce, including but not limited to: (1) The grounds for divorce; (2) Parental rights and responsibilities; (3) Child support; (4) Health and life insuranc…

(a) To be eligible for certification as a family mediator, an applicant shall have completed an internship performed after the completion of the mediation training required by Fam 303.03 within the 3 years preceding the date of application. (b) Internship requirements shall be:(1…

(a) An applicant for certification shall qualify as a family law practitioner if the applicant: (1) Has a law degree; (2) Is currently an active member of the New Hampshire bar; (3) Has practiced law for at least 10 years; and (4) Has, within the last 5 years, devoted at least on…

To be eligible for certification as a family mediator, an applicant shall: (a) Be honest and competent as a family mediator; (b) Have agreed to abide by the "Model Standards of Practice for Family and Divorce Mediation" developed by The Symposium on Standards of Practice and fina…

(a) The application fee for certification as a family mediator shall be $300. (b) The application fee for renewal of a family mediator certification shall be $300. (c) The application fee for certification as a family mediator training program shall be $900. (d) The application f…

"Gross incompetence" means repeated or pervasive behavior that demonstrates a certified family mediator is unable to practice in accordance with RSA 328-C or Fam 400-800. Notes N.H. Admin. Code § Fam 401.01 (See Revision Note at chapter heading for Fam 400), #9672, eff 4-2-10 Ame…

"Model Standards of Practice for Family and Divorce Mediation" means the "Model Standards of Practice for Family and Divorce Mediation" developed by The Symposium on Standards of Practice and finalized on August 5, 2000, and available as noted in Appendix II. Notes N.H. Admin. Co…

"Center on Children and the Law" means a program of the Young Lawyers Division of the American Bar Association which aims to improve children's lives through advances in law, justice, knowledge, practice and public policy. Notes N.H. Admin. Code § Fam 401.03 (See Revision Note at…