New Hampshire Administrative Code

(a) Minutes shall be kept of board meetings and of official actions taken by the board. (b) Such minutes shall: (1) Record the members participating in each vote; and (2) Separately record the position of members who dissent, abstain or concur. Notes N.H. Admin. Code § Gal 103.07…

(a) Minutes of board actions which are not exempt from disclosure under RSA 91-A:3, II or RSA 91-A:5, which do not contain confidential information under RSA 490-C or other law, and which are not subject to nondisclosure by an order of the court or an order issued pursuant to RSA…

(a) A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board. (b) When expressly authorized by the board, the authority of a committee shall include the a…

(a) The board's office location and mailing address is: Guardian ad Litem Board New Hampshire Office of Professional Licensure and Certification 121 South Fruit Street Concord, NH 03301 (b) The board's telephone number is (603) 271-2219. (c) Access for in-state TTY/TDD users is t…

Persons wishing to make submissions to, seeking information from, or wishing to make requests of, the board may mail a letter to the address stated in Gal 104.01(a), call the number stated in Gal 104.01(b) or communicate by TTY/TDD using the number stated in Gal 104.01(c). Notes …

(a) Pursuant to RSA 91-A: 4, members of the public may inspect and copy those records of the board, including meeting minutes, which are public records and not confidential or exempt, precluded or prohibited from disclosure under RSA 91-A: 5, RSA 490-C: 5-b, other applicable law,…

(a) "Adjudicative proceeding" means "adjudicative proceeding" as defined in RSA 541-A:1, I, namely "the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36." (b) "Appearance" means a written notification to the board that a party, an int…

The board shall resolve by agreement or by a decision disputes regarding matters within the scope of RSA 490-C and the administrative rules implementing that statute. Notes N.H. Admin. Code § Gal 202.01 #8940, eff 9-15-07

Parts Gal 204 - Gal 213 shall be construed to secure the just, accurate and efficient resolution of all disputes. Notes N.H. Admin. Code § Gal 202.02 #8940, eff 9-15-07

Any person having a dispute with the board shall be entitled to a hearing of the dispute if: (a) The legal rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and (b) Constitutional, statutory or case law requires t…

(a) Persons, including court personnel, who wish to complain to the board of misconduct by a board-certified guardian ad litem, or about the conduct of a formerly certified guardian ad litem who allegedly engaged in prohibited acts while certified by the board, shall submit to th…

(a) Within 120 days of the receipt of a complaint meeting the requirements of Gal 203.01(a) through (d) above, or within 120 days of receiving a full, timely and complete response to any request for additional information under Gal 203.01(e) and (f) above, the board shall either …

(a) The board shall dismiss a complaint, at any time, in a written and dated notice to the complainant and the guardian ad litem complained against, when it concludes that: (1) The complainant failed to file additional information after receiving notice that the complaint was inc…

(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 pendi…

(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) Administer oaths and …

(a) Upon his or her own initiative or upon the motion of any party, complainant, or intervenor, the presiding officer shall withdraw from any adjudicative proceeding if there exists good cause for him or her to do so. (b) Good cause shall exist if: (1) The presiding officer perso…

(a) The presiding officer or the board, upon the motion of any party, complainant or intervenor, or on his, her or its own initiative, shall suspend or waive any requirement or limitation imposed by Parts Gal 204 through Gal 213 when the suspension or waiver: (1) Appears to be la…

(a) Computation of any period of time referred to in this chapter shall begin with the date on the letter which sets the time period in motion, and shall include the last day of the period so computed. (b) Computation of any period of time referred to in this chapter shall begin …

(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) Except in the case of complaints, answers to complaints and other matters for which the filing of a specified form is required, all correspondence, pleadings, motions or other documents filed shall: (1) Include the title and docket number of the matter, if known; (2) Be typew…

(a) Except in the case of the filing of complaints and answers to complaints, delivery of which shall be in accordance with Gal 203.01 and Gal 203.02, and except as provided in paragraph (e) below: (1) Copies of all motions, exhibits, memoranda, or other documents filed by any pa…

(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 adjudicative proceeding shall be commenced by an order of the board giving the parties the notice specified in (b) below. (b) The notice of hearing shall contain: (1) The names and addresses of the parties, intervenors, if any have been designated, and in the case of a dis…

(a) The board shall not act upon any complaint against any guardian ad litem unless such complaint is submitted in writing in conformity with Gal 203.01. (b) The board shall take no disciplinary action against a guardian ad litem without affording the guardian ad litem the opport…

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

The presiding officer shall record the hearing electronically or by any other method that will provide a verbatim record. Notes N.H. Admin. Code § Gal 208.05 #8940, eff 9-15-07

(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 and intervenors identified in the notice commencing the hearin…

(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) Complainants shall have no role in any hearing other than that of witness, if called, unless they are granted the right to intervene. (b) Unless called as witnesses or designated by the board to present evidence or investigate a matter, board staff shall have no role in heari…

(a) Any party or intervenor may make an oral or 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 …

(a) The case shall be dismissed if the party having the overall burden of proof: (1) Has been given notice in accordance with Gal 208.01; and (2) Fails to attend the hearing, unless the party's failure to attend results from circumstances beyond the party's control. (b) If the pa…

(a) Each party and intervenor shall attempt in good faith to make complete and timely responses 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 informatio…

(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 n…

(a) Orders relative to confidentiality shall be issued by the board or presiding officer, at any time, according to the standards set forth in RSA 490-C:5-b, IV - VIII. (b) Requests for orders, or additional orders, relative to confidentiality pursuant to RSA 490-C: 5-b shall be …

At least 5 days before the hearing, the parties and intervenors shall, unless the disclosure or dissemination of the information is prohibited or limited by an order of the board or presiding officer, provide to the other parties and intervenors: (a) list of those documents or ma…

If, at the time of the disclosures under Gal 211.04 or thereafter, a party or intervenor believes that orders in addition to those previously requested or issued are necessary pursuant to RSA 490-C:5-b, the person may submit a request for such additional orders in writing, includ…

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 § Gal 212.01 #8940, eff 9-15-07

(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 b…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) In proceedings under this part, the presiding officer shall give effect to all rules of privilege recognized under the laws of the state of New Hampshire, such as the physician-patient privilege. (c)…

(a) Any party 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 party has request…

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 Gal 212.06. Notes N.H. Admin. Code § Gal 21…

(a) If no written proposal for disposition pursuant to Gal 212.07(d) or decision pursuant to Gal 212.07(a) has been issued, any party may move to reopen the record for the inclusion in the record of specified evidence. (b) If there is no objection from any party to a motion to re…

(a) The board shall issue a decision or order 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 held pursuant to subparagraph (e)(2) below. (b) The decision or order …

(a) Within 30 days of a decision or order any party or person directly affected may request 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 (2…

(a) Any guardian ad litem who has a dispute with the board shall have the opportunity at any time to reach an agreement to settle some or all of the issues: (1) If there is no dispute about the material facts underlying the issues to be settled; and (2) If the dispute relates to …

(a) Any person may seek the adoption, amendment or repeal of a rule by submitting to the board a written petition pursuant to RSA 541-A:4. (b) Each petition for rulemaking shall contain:(1) The name and address of the individual petitioner or, if the request is that of an organiz…