New Hampshire Administrative Code

(a) Each petition shall be in writing, signed, and shall accurately describe the nature of the petition and the relief sought. (b) All petitions, motions, replies, answers, notices, and other pleadings relating to any petition shall, if mailed or hand-delivered, be addressed to: …

(a) Upon receipt, all petitions or other documents shall be forwarded by the director to the chair. (b) Within 60 days of receipt by the director, the chair shall examine the petition and notify the petitioner of any apparent errors or omissions. The petitioner may resubmit the c…

The chair shall consult with the director and appoint staff member(s) of the division to investigate any complaint submitted by petition to the commission. Should the complaint pertain to any staff member of the division, the chair shall consult with the commissioner of the depar…

(a) The chair or presiding officer is authorized to engage in non-adjudicative processes for the purposes of settling a complaint or petition to determine if settlement can be reached without a hearing. (b) The chair or presiding officer shall, if needed, schedule one or more inf…

(a) In the event a complaint petition is considered a contested case which cannot be settled under Fire 202.02, and a hearing is scheduled, all parties shall be notified of the:(1) Time, place, and nature of the hearing; (2) Statutory authority under which the hearing is to be he…

(a) The presiding officer shall grant up to a 30-day extension of time to schedule a hearing pursuant to RSA 21-P:27 if a party: (1) Is absent from the jurisdiction; (2) Has a serious illness; (3) Is incarcerated; (4) Has had a death in his or her family; or (5) Other good cause …

(a) Parties may be represented:(1) Pro se; (2) By legal counsel; or (3) Pursuant to RSA 311:1. Notes N.H. Admin. Code § Fire 202.05 Derived from Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12225-A, Effective 6/28/2017.

(a) Parties shall be provided with all documents and records requested relative to the issues raised by the request for hearing no later than 5 working days prior to the hearing date. (b) All discovery requests shall be in writing and shall be honored unless the presiding officer…

Unless called as witnesses or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the commission about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing and is not a party.…

If a person meets the criteria of RSA 541-A:32, that person shall be allowed on motion to intervene in any action before the presiding officer. Notes N.H. Admin. Code § Fire 202.08 Derived from Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12225-A, Effective 6/28/201…

Division staff who have been designated by the chair to investigate and present the commission's case shall fully participate in the hearing. Other division staff shall have no role in the hearing unless called as a witness. Notes N.H. Admin. Code § Fire 202.09 Derived from Volum…

(a) All motions shall be submitted in writing unless presented orally at the hearing. (b) The presiding officer shall rule on a motion when made or shall advise parties present that the motion shall be taken under advisement. Notes N.H. Admin. Code § Fire 202.10 Derived from Volu…

(a) An oath or affirmation shall be administered to each witness by the presiding officer prior to receiving testimony in a hearing. (b) Interpreters shall have an oath or affirmation administered to them to truthfully and accurately translate all questions asked and answers give…

(a) The following shall govern the introduction and admissibility of evidence at hearings: (1) Hearings shall not be bound by the rules of evidence; (2) All relevant and material evidence shall be admissible; (3) Evidence shall include but not be limited to:a.Depositions; b.Affid…

The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Fire 202.13 Derived from Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12225-A, Effective …

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing. (b) 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 is…

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

(a) The record in a contested case shall include:(1) All notices, pleading, motions, orders and rulings; (2) All evidence received or considered; (3) A statement of any matter officially noticed; (4) Objections and rulings on questions, and offers of proof; (5) Proposed findings …

(a) There shall be an audio recording of all hearings and all parties who are present shall be so notified. (b) A copy of the recording, pursuant to RSA 541-A:31, VII, shall be made available on written request by a party. (c) All written requests for audio recordings or transcri…

(a) A case shall be reopened whenever: (1) A party alleges the existence of newly-discovered material evidence which due diligence would not have discovered prior to the hearing; or (2) A party alleges any material error, omission, misconstruction of applicable statutes or rules …

The result of an administrative action shall remain in full force and effect, pending the outcome of the appeal or expiration of the sanction imposed. Notes N.H. Admin. Code § Fire 202.19 Derived from Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12225-A, Effective 6…

(a) Any person may request the commission to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a petition. (b) The petition for rulemaking shall contain the following:(1) The text of the proposed rule or a statement of the results intended…

Within 30 days of filing, the commission shall, in writing, grant or deny a petition for rulemaking. If the petition is denied, the commission shall state the reasons in the letter denying the petition. If the petition is granted, the commission shall commence rulemaking proceedi…

(a) Any person may file a petition requesting a declaratory ruling from the commission on the following matters:(1) Any statutory provision that vests authority in the commission; (2) Any rule of the commission; or (3) Any order of the commission. (b) The petition for a declarato…

Within 60 days of filing, the commission shall respond to the petitioner in writing. If the commission grants the petition, the commission shall provide its ruling to the director of legislative services as required by law. The commission shall reject the petition if it is inadeq…

This part shall apply to rulemaking hearings required pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Fire 205.01 # 9319-B, eff 11-12-08 Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12225-A, Effective 6/28/2017.

The commission shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking hearing pursuant to RSA 541-A:6. Notes N.H. Admin. Code § Fire 205.02 Derived from Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12225-A, E…

(a) The hearing shall be presided over by the chair of the commission or his or her designee. (b) The chair or designee shall: (1) Determine whether a quorum of the commission is present for the hearing; (2) Call the hearing to order; (3) Cause a recording of the hearing to be he…

(a) Any individual who wishes to testify at the hearing shall provide his or her full name on a speakers list furnished by the commission. (b) Individuals shall be called to testify in the order in which they signed up. (c) Before adjourning the public hearing and after all indiv…

(a) The chair or designee shall postpone a hearing to a later date, time or place in the event of:(1) Inclement weather; (2) A lack of quorum; or (3) Determination by the commission that postponement of the hearing shall facilitate greater participation by the public. (b) The cha…

Individuals may submit comments in writing or electronic format to the commission on proposed rulemaking actions any time from the time notice has been published until the end of the public comment period as set forth in the notice of rulemaking. Notes N.H. Admin. Code § Fire 205…

(a) All hearings shall be recorded. (b) A copy of the recording may be requested by submitting a written request to: FireStandards and Training Commission c/o Director of Fire Standards and Training and Emergency Medical Services 33 Hazen Drive Concord, NH 03305 (c) Pursuant to R…

(a) Within 30 days after the adoption of a rule, any interested person may request the commission to issue a statement explaining the following: (1) The principle reason(s) for and against the adoption of a rule in its final form; or (2) Reasons why the commission overruled argum…

The chair shall delegate his or her duties to the vice chair, or any other member of the commission, whenever he or she is unable to perform his or her duties. Notes N.H. Admin. Code § Fire 301.01 #2013, eff 5-5-82, EXPIRED: 5-5-88 New. #5726, eff 10-21-93, EXPIRED: 10-21-99 New.…

Meetings shall be conducted in accordance with "Robert's Rules of Order, 11th Edition (2011)", available as provided in Appendix B. Notes N.H. Admin. Code § Fire 301.02 #5726, eff 10-21-93, EXPIRED: 10-21-99 New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00 New. #7332, eff 8-1-0…

(a) Parties wishing to bring issues to the attention of the commission during a meeting shall first notify the division in writing at least 7 days prior to the date of the scheduled meeting and state the nature of the issue for inclusion on the commission's agenda. (b) The chair …

Any person shall be certified by the commission if: (a) They successfully complete a commission approved course; and (b) They satisfactorily complete the commission required certification testing. Notes N.H. Admin. Code § Fire 401.01 #2013, eff 5-5-82, EXPIRED: 5-5-88 New. #5726,…

Courses shall be provided either in their entirety or in modules. Students shall complete courses, but they may complete courses as a part of one program, or may complete the required modules independently, except when prerequisite training is necessary to ensure safety or succes…

(a) Students may complete modules or courses leading to certification by fulfilling all of the requirements specified in the training outline approved by the commission in accordance with Fire 402. After completing these courses, the student shall be eligible for certification te…

(a) Pursuant to RSA 21-P:27, I, the commission shall make a determination as to whether to approve curricula for courses based on a review of a proposed training outline containing the information set forth in Fire 402.03, which shall be provided for the entire course or in modul…

The commission, prior to any final vote regarding minimum standards, selection procedures, or certification, shall allow for public input in accordance with RSA 21-P:29, III. Notes N.H. Admin. Code § Fire 402.02 #5726, eff 10-21-93, EXPIRED: 10-21-99 New. #7145, INTERIM, eff 12-2…

(a) For approval, curricula shall include, as a minimum, the following information in the form of a written training outline:(1) Subject area(s) covered; (2) Required number of hours per subject area; (3) General content of each subject area; (4) Teaching methodology; (5) Descrip…

(a) The commission shall allow the use of curricula other than that approved under these rules if necessary to meet special training needs. (b) All curricula submitted pursuant to this section shall include equivalent subject areas and terminal objectives as included in the appro…

At the completion of all courses leading to certification, regardless of whether completed at one time or completed module by module, a certification test shall be passed by the student prior to necessary commission certification. Notes N.H. Admin. Code § Fire 403.01 #5726, eff 1…

Certification testing shall consist of any combination of practical, oral, or written portions. A student shall expect to be tested on any aspect of any course related performance objective. Notes N.H. Admin. Code § Fire 403.02 #5726, eff 10-21-93, EXPIRED: 10-21-99 New. #7145, I…

(a) A student shall correctly answer at least 70 percent of the questions on all sections of written and oral tests in order to be eligible for certification. (b) A student shall demonstrate the minimum proficiency established in each terminal performance objective in a safe and …

(a) All written and practical tests shall be approved as determined in Fire 402.01(a). (b) Tests offered prior to final commission approval shall be deemed valid for all purposes under these rules, with the exception of any particular questions or objectives subsequently rejected…