New Hampshire Administrative Code

The executive director shall be the custodian of the board's records and shall respond to requests to examine those records which are subject to public inspection or which may otherwise be properly examined by the person requesting access. Notes N.H. Admin. Code § Frl 104.02 #692…

Persons desiring copies of board records shall submit a request in writing which identifies as particularly as possible the information being sought and agrees to pay the cost of copying, $.10 per page. If records are requested which contain both public and confidential informati…

(a) The board shall delegate investigatory and other functions within its jurisdiction to committees consisting of one or more of board members when such delegations are necessary to achieve separation of functions objectives or to perform the board's work more efficiently. (b) C…

The Plc 200 rules shall govern with regards to all procedures for: (a) Adjudicatory proceedings; (b) Rulemaking submissions, considerations, and dispositions of rule making petitions; (c) Public comment hearings; (d) Declaratory rulings; (e) All statements of policy and interpret…

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board. (b) Individuals…

Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter: (a) "Adjudicative proceeding" means any proceeding in which the rights, duties or privileges of a person are determined by the board, but does not i…

(a) Failure to comply with the rules of this chapter shall result in: (1) Refusing to accept or admit a noncompliant document for filing or refusing to consider a noncompliant oral petition or motion; or (2) Accepting or admitting, or denying or not admitting, a noncompliant appl…

The board, upon its own initiative or upon the motion of any interested person, shall suspend or waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when it appears that the proposed waiver or suspension would be lawfu…

(a) Persons appearing before the board shall represent themselves or be represented by an individual who: (1) Is an attorney holding a current and active New Hampshire license and has filed a written appearance with the board containing his or her business address and telephone n…

(a) Any time period specified in this chapter shall begin with the day following the act, event, or default, and shall include the last day of the period, unless it is Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next day whic…

(a) Except where a time period is fixed by statute, the board shall, upon motion or upon its own initiative, enlarge or shorten the time provided for the filing of any document, or advance or postpone the time set for any oral hearing, prehearing conference, or other activity, fo…

A motion to change time shall not be filed within 3 business days of the event in question. Notes N.H. Admin. Code § Frl 204.03 #6928, eff 1-1-99, EXPIRED: 1-1-07 New. #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11 New. #9949-A, eff 6-24-11 (from Frl 203.03)

(a) A document shall be considered filed when it is actually received at the board's office in Concord and conforms to the requirements of this chapter. A document tendered for filing which is patently and facially in violation of the board's rules shall not be accepted for filin…

(a) All complaints, petitions, motions, and replies filed with the board shall be signed and dated by the proponent of the document or, if the party appears by a representative, by the representative. (b) The signature on a document filed with the board shall be certification tha…

(a) Complaints against licensees shall be filed with the board without service upon the licensee against whom the allegations are made. (b) All objections, motions, replies, memoranda, exhibits, or other documents filed in connection with a request for board action shall be serve…

(a) The only pleadings permitted shall be petitions and replies to petitions. Complaints against licensees and applications for licenses shall not be considered pleadings. (b) Petitions shall contain: (1) The name and address of the petitioner; (2) The name and address of the pet…

(a) Complaints alleging misconduct by licensees in violation of RSA 325:32, II shall be in writing and filed at the board's office in Concord, New Hampshire. (b) A complaint shall contain the following information:(1) The name and address of the complainant; (2) The name and busi…

(a) Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice. (b) Motions shall state clearly and concisely:(1) The purpose of the motion; (2) The relief sought by the motion; (3) The statutes, rules, orders…

This part shall govern all proceedings conducted by the board except rulemaking and nonadjudicative investigations. Notes N.H. Admin. Code § Frl 207.01 #6928, eff 1-1-99, EXPIRED: 1-1-07 New. #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11 New. #9949-A, eff 6-24-11 (from Frl 206.01…

(a) The board shall commence an adjudicative proceeding by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference. (b) The notice commencing an adjudicative proceeding shall: (1) Identify the parties to the proceedi…

(a) The board shall assign each adjudicative proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the board's legal counsel in the civil bureau, department of justice. The hearing notice shall be served upon the respondent, and the compl…

(a) Petitions for intervention shall state with particularity: (1) The petitioner's interest in the subject matter of the hearing; (2) The petitioner's position with respect to the subject matter of the hearing; (3) Why the interests of the parties and the orderly and prompt cond…

(a) Complainants alleging misconduct by a licensed individual shall have no role in any hearing other than that of witness unless they petition for, and are granted, the right to intervene. (b) Unless called as witnesses, board staff shall have no role in any hearing. Notes N.H. …

Any party or intervenor in an adjudicative proceeding may be represented by counsel, but an attorney appearing on behalf of a party shall first file a letter announcing the fact of representation at the earliest date practical. Parties shall retain counsel at their own expense an…

(a) At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion, or upon his or her own initiative, shall direct the parties to attend one or more prehearing conference when such a conference would aid in the disposition of the proceed…

(a) The board shall disclose any investigative report or other unprivileged information in the possession of the board, which is reasonably related to the subject matter of the proceeding . Neither the board nor any officer or employee thereof, shall be subject to further discove…

(a) Subpoenas for the attendance of witnesses or the production of evidence in investigations or adjudicative proceedings shall be issued upon the order of the board. (b) In adjudicative proceedings, a party requesting the board to authorize a subpoena shall attach a copy of the …

(a) The evidentiary privileges recognized by the law of New Hampshire, including the N.H. Rules of Evidence, shall apply to proceedings under this chapter. (b) All data which will reasonably assist the board arrive at the truth shall be admissible, but data which is irrelevant or…

(a) 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. (b) Without limiting the generality of paragraph (a), above, all moving parties and all petitioners shall have the burden of…

The method of proceeding under this part shall be determined as follows: (a) Where facts material to the subject matter of the proceeding are in dispute, and personal observation of witnesses or the immediate opportunity for cross-examination of witnesses is necessary or desirabl…

The presiding officer , and board members or board advisors recognized by the presiding officer, shall question witnesses and make such inquiry of witnesses or counsel, as he or she believes necessary to develop a sound record for decision. Other board members participating in th…

(a) Any party may submit proposed findings of fact and conclusions of law. (b) The presiding officer shall direct any party to submit proposed findings of fact or conclusions of law if the presiding officer believes proposed findings or conclusions would be helpful to the board i…

Once an adjudicative proceeding has been commenced, no party shall communicate with any person assigned to render a decision or make findings of fact and conclusions of law in the matter, concerning the merits of the case except upon notice to all parties and in accordance with t…

(a) Adjudication of misconduct allegations shall be conducted in accordance with this part, as supplemented by the hearing order and possible prehearing and other appropriate procedural orders served upon the parties, which shall establish the particular scheduling and filing req…

(a) Adjudicative proceedings commenced by the board shall be conducted by a presiding officer. (b) The board chairperson shall serve as presiding officer or shall designate another qualified person to so serve. Notes N.H. Admin. Code § Frl 208.01 #6928, eff 1-1-99, EXPIRED: 1-1-0…

(a) Except as otherwise provided by board order, the presiding officer shall possess all authority with respect to the procedural aspects of adjudicative proceedings which could be exercised by the board itself, including, but not limited to, the power to administer oaths and aff…

(a) The board shall not entertain interlocutory appeals of procedural or discovery orders made by the presiding officer. Contemporaneous exceptions to such rulings shall be unnecessary to preserve the objections of any party adversely affected. (b) The parties may include objecti…

(a) The board shall direct that all of the evidence be filed prior to hearing in written form. However, unless the parties agree otherwise, oral testimony shall be required to allow appropriate cross examination and to avoid material prejudice, and to permit full and fair disclos…

(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) Among other reasons, good cause shall exist if the presiding officer: (1) Has a direct interest in the outco…

(a) Final adjudicative orders of the board, and orders denying petitions for declaratory rulings or rulemaking, shall take effect on the date they are served upon the parties pursuant to Frl 205.03(c). (b) Within 30 days after service of a final adjudicative order, any party may …

Within the time frame specified in Frl 209.01(b), the board shall correct, reconsider, revise or reverse any final action on its own motion if the board discovers new facts that indicate such final action was incorrect. If the board's action is based upon the existing record, pri…

(a) Board actions shall be stayed only in response to a specific request from a party or on the board's own motion. The mere filing of a motion for reconsideration shall not operate as a stay of any order, but it shall be permissible to combine a motion for stay with a motion for…

Board proceedings which involve the same, or substantially related issues, shall be consolidated for hearing or decision, or both, when fairness, accuracy and efficiency would be served by such an action. Consolidation shall be ordered in response to a timely motion from a party …

The board shall sever one or more issues from a proceeding and dispose of those issues in another proceeding when doing so would materially promote the fairness, accuracy and efficiency of the proceeding. Severance shall be ordered in response to a timely motion from a party or o…

(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 descri…

(a) The board shall commence a formal investigation for the purpose of obtaining documents, recording testimony, and otherwise gathering information relevant to any matter within its jurisdiction. (b) Formal investigations shall be commenced by the issuance of an order of investi…

The board shall appoint a member of its staff, an attorney, any other qualified person, or a committee of qualified persons to conduct a formal or informal investigation. Notes N.H. Admin. Code § Frl 211.03 #6928, eff 1-1-99, EXPIRED: 1-1-07 New. #9784, INTERIM, eff 9-20-10, EXPI…