New Hampshire Administrative Code

(a) No ATV, trail bike, UTV, or any other OHRV shall be manufactured, sold, offered for sale, or operated in this state which produces a sound level of more than 96 decibels of A sound pressure when measured in accordance with the Society of Automotive Engineers (SAE) J1287-20170…

(a) All OHRV sound level testing procedures and equipment used to carry out those procedures shall be in accordance with the Society of Automotive Engineers (SAE) Standards for Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles, J1287- 201704 Standard availabl…

(a) "Boat" means "boat" as defined in RSA 270-D:1, I, namely "every description of motorized or non-motorized watercraft other than seaplanes, capable of being used as a means of transportation on the water and which is primarily used for noncommercial purposes, or leased, rented…

"Boat launch area" means the area which includes the parking lot, the approach and staging area, the boat ramp and 50 feet on any side of the launch ramp. Notes N.H. Admin. Code § Fis 1601.02 #7493, eff 5-19-01, EXPIRED: 5-19-09 New. #9492, INTERIM, eff 6-25-09, EXPIRED: 12-22-09…

(a) The following properties listed in Table 1600.01 shall be designated and maintained by the department as public boat access areas and shall be subject to Fis 1600, even if these areas are within a larger department-controlled property such as a wildlife management area (WMA).…

(a) Public use of the department's public boat access areas listed in Table 1600.01 shall be accessible 24 hours a day, year round, without charge to all members of the public for ingress and egress and the launching and retrieving of boats, unless: (1) Closed or restricted to pu…

(a) A special use permit shall be required on all lands under department control, including public boat access areas under RSA 233-A: 1, IV, for all conduct other than: (1) Operation of a licensed guiding service associated with hunting, trapping, or fishing; or (2) All conduct e…

Adams Point in Durham shall be subject to the following provisions: (a) No parking shall be permitted on Adams Point Road; (b) The speed limit on Adams Point Road shall be 20 mph; and (c) Overflow parking shall be for parking of a vehicle-trailer combination only. Notes N.H. Admi…

(a) No memorial shall be erected, nor shall any commemorative service be conducted, at a boat access area prior to issuance of a special use permit by the executive director or designee. (b) Requests for issuance of a special use permit for the erection of a memorial or conduct o…

The purpose of this part is to provide guidance for the operators of non-motorized boats and others making donations to support the development and maintenance of public boat access areas, pursuant to RSA 233-A:15, hereinafter referred to as the public access defender program and…

This part shall apply to any persons making donations to the department that are designated for deposit into the statewide public boat access fund, established by RSA 233-A:13. Notes N.H. Admin. Code § Fis 1606.02 Derived from Number 15, Filed April 13, 2023, Proposed by #13584, …

(a) "Department" means the New Hampshire fish and game department. (b) "Fund" means the statewide public boat access fund, established by RSA 233-A:13. (c) "Program" means the program for donations by operators of non-motorized boats and others, established by RSA 233-A:15. Notes…

(a) Persons interested in donating to the fund may download the donation form found on the department's website at donate-form-nhfg.pdf (state.nh.us) and mail the completed form, along with their check made payable to NH Fish and Game Department, to: New Hampshire Fish and Game D…

"Conviction" means a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding which has not been annulled or vacated, an unvacated forfeiture of bail or collateral deposited to secure the person'…

"Default" means that a person upon whom civil or criminal process has been duly served has not appeared at the court or administrative proceeding to which the same is returnable, which failure has been recorded, whether or not judgment or a finding has been rendered against him o…

"Suspension" means "suspension" as defined in RSA 207:1, XXVI-a. Notes N.H. Admin. Code § Fis 1801.03 Adopted by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12562, Effective 6/28/2018, Expires 6/28/2028.

(a) The executive director or his designee shall receive, pursuant to RSA 206:34 and RSA 214:18-b records from any court of the disposition of charges alleging a violation of a provision of NH RSA Title XVIII, RSA 163-B, RSA 635:2, any rule of the department, or a similar offense…

(a) An individual whose commercial or limited commercial lobster and crab license is suspended and who desires to maintain eligibility to purchase a commercial or limited commercial lobster and crab license for the year following the end of the license suspension shall: (1) Purch…

(a) Pursuant to RSA 206:34, RSA 214:18-b, and RSA 214:19, upon notification by a court that a person has been convicted of an offense described in NH RSA Title XVIII, RSA 163-B, RSA 635:2, any rule of the department, or a similar offense in any other state, or is in default of co…

(a) Any person who is aggrieved by the notice of suspension of a license, registration, or permit under these rules may request an administrative hearing within 30 days of receipt of written notice of the action taken by letter addressed to the executive director at 11 Hazen Driv…

Any person aggrieved may seek further review in accordance with RSA 541 of a decision by the executive director to: (a) Grant or deny an administrative hearing to a person following entry of an order of suspension of a license, permit or registration; or (b) Reduce, refuse to red…

(a) "Appearance" means a written notification to the department that a party or a party's representative intends to actively participate in a hearing. (b) "Department" means the fish and game department. (c) "Hearing" means "adjudicative proceeding" as defined by RSA 541-A:1, I, …

(a) All hearings shall be conducted for the department by a natural person appointed or authorized to serve as a presiding officer. (b) A presiding officer shall as necessary: (1) Regulate and control the course of a hearing; (2) Facilitate an informal resolution of an appeal; (3…

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

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

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 department on the actual date of receipt by the department, as evidenced by a date stamp placed on the document by the …

(a) 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; (3) Be signed by the party or propo…

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

(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 presiding officer, 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 objecti…

A hearing shall be commenced by an order of the department giving notice to the parties as required by Fis 207.03. Notes N.H. Admin. Code § Fis 207.01 #7382, eff 10-25-00, EXPIRED: 10-25-08 New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09 New. #9636-A, eff 1-12-10

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the agency. Notes N.H. Admin. Code § Fis 207.02 #7382, eff 10-25-00, EXPIRED: 10-25-08 New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-…

(a) A notice of a hearing issued by the department 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) A party or the party's representative shall file an appearance that includes the following information: (1) A brief identification of the matter; (2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in …

(a) Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider: (1) Offers of settlement; (2) Simplification of the issues; (3) Stipulations or admissions as to issues of fact…

(a) Upon conviction of an offense in Title XVIII for which there is a license revocation or suspension issued pursuant to RSA 214:19 and excluding motor vehicle licenses as they relate to RSA 215-A, a notification of the revocation or suspension shall be mailed by the department …

Unless called as witnesses, department staff shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § Fis 208.01 #7382, eff 10-25-00, EXPIRED: 10-25-08 New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09 New. #9636-A, eff 1-12-10

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the department about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Co…

(a) A non-party may intervene in a matter pending before the department under the provisions of RSA 541-A: 32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party quali…

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time. (b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cau…

(a) If any party to whom notice has been given in accordance with Fis 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default. (b) The presiding officer shall either: (1) Dismiss the case, if the party with the burden of proof fails to ap…

(a) Each party shall attempt in good faith to make complete and timely response to requests for the voluntary production of information or documents relevant to the hearing. (b) When a dispute between parties arises concerning a request for the voluntary production of information…

(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 at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing if such …

At least 5 working 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.…

(a) The department shall record the hearing by tape recording or other method that will provide a verbatim record. (b) If any person requests a transcript of the taped record, the department shall cause a transcript to be prepared and, upon receipt of payment for the cost of the …

The party 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 § Fis 212.02 #7382, eff 10-25-00, EXPIRED: 10-25-08 New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09 New. #9636-A, eff 1-1…

(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) Testimony shall be offered in the following or…