New Hampshire Administrative Code

"Accessible building" means "accessible building" as defined in RSA 275-C:9, I (b), namely "a building which, in the determination of the governor's commission on disability, is accessible to elderly persons and persons with disabilities." Notes N.H. Admin. Code § Gcd 102.01 #763…

"Commission" means "commission" as defined in RSA 275-C:1, I, namely, "the governor's commission on disability." Notes N.H. Admin. Code § Gcd 102.02 #7634, eff 1-30-02; ss by #10338, eff 5-17-13

"Person with a disability" means "person with a disability" as defined in RSA 275-C:1, II, namely, "one who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or is regarded as…

Gcd 102.04 "Wheelchair symbol" means "wheelchair symbol" as defined in RSA 275-C:9, I (a), namely, "the wheelchair symbol adopted by the Rehabilitation International's World Congress in 1969." Notes N.H. Admin. Code § Gcd 102.04 #7634, eff 1-30-02; ss by #10338, eff 5-17-13…

(a) The commission shall consist of:(1) Up to thirty voting members appointed in accordance with RSA 275-C:2 and; (2) Six ex-officio non-voting members as specified by title by RSA 275-C:3. (b) Each member shall serve without compensation. (c) Each member shall serve for a 6-year…

There is an executive director chosen by majority vote of the commission who acts as secretary to the commission. Notes N.H. Admin. Code § Gcd 103.02 #7634, eff 1-30-02; ss by #10338, eff 5-17-13

The commission's responsibilities include, but are not limited to: (a) Advising the governor, state agencies and the public on public policy and the administration of programs, services and facilities for persons with a disability; (b) Encouraging the development of coordinated i…

Pursuant to RSA 275-C:7, the commission shall meet at least once every 3 months. Notes N.H. Admin. Code § Gcd 103.04 #7634, eff 1-30-02; ss by #10338, eff 5-17-13

A quorum shall consist of a simple majority of members appointed, including participants by speakerphone or other telecommunication device if such means of attendance is required as an accommodation for a disability. Notes N.H. Admin. Code § Gcd 103.05 #7634, eff 1-30-02; ss by #…

Pursuant to RSA 91-A:2, II, members of the public may attend and record commission meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3. Notes N.H. Admin. Code § Gcd 103.06 #7634, eff 1-30-02; ss by #10338, eff 5-17-13 (from Gcd 1…

(a) Notice of the time and place of commission meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II. (b) Information about the time and place of commission meetings shall also be available by telephone at the number stated in Gcd 104.01(b) and …

(a) Minutes shall be kept of commission meetings and of official actions taken by the commission. (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 § …

(a) The commission's office location and mailing address is: Governor's Commission on Disability 54 Regional Drive, Suite 5 Concord, New Hampshire 03301-8502 (b) The commission's telephone number is (603) 271-2773. (c) The commission's toll free telephone number is (800) 852-3405…

Persons wishing to correspond with the commission may do so as outlined in Gcd 104.01. Notes N.H. Admin. Code § Gcd 104.02 #7634, eff 1-30-02; ss by #10338, eff 5-7-13 Amended by Volume XXXIX Number 41, Filed October 10, 2019, Proposed by #12868, Effective 9/20/2019.

(a) Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the commission, including meeting minutes, which are public records and not exempt from disclosure under RSA 91-A:5 or other applicable law. (b) Public records shall be inspected and copied at …

(a) "Appearance" means a written notification to the commission that a party, an intervenor or the representative of a party or intervenor intends to actively participate in a hearing. (b) "Commission" means "commission" as defined in RSA 275-C:1, I, namely, "the governor's commi…

The commission shall resolve by agreement, decision after hearing or order of settlement all disputes within the scope of RSA 275-C, RSA 362-E and the administrative rules implementing those statutes. Notes N.H. Admin. Code § Gcd 202.01 #7635-A, eff 1-30-02; ss by #10339, eff 5-1…

Parts Gcd 203-213 and Gcd 215 shall be construed to secure the just, accurate and efficient resolution of all disputes. Notes N.H. Admin. Code § Gcd 202.02 #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Any person having a dispute with the commission 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 requi…

Disputes between any person and the commission shall be resolved by: (a) Agreement pursuant to Gcd 215.01; (b) Formal settlement pursuant to Gcd 215.02; or (c) Decision after hearing made pursuant to Gcd 211.08. Notes N.H. Admin. Code § Gcd 202.04 #7635-A, eff 1-30-02; ss by #103…

(a) Hearings shall be conducted by: (1) The commission chair or another individual designated by the commission to be presiding officer; or (2) A panel of commission members designated by the commission to be the presiding panel. (b) The presiding officer or presiding panel shall…

(a) Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer or a member of the presiding panel shall withdraw from any hearing for good cause. (b) Good cause shall exist if the presiding officer or panel member: (1) Has a direct interes…

Unless called as witnesses, commission staff shall have no role in any hearing. Notes N.H. Admin. Code § Gcd 203.03 #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

The presiding officer or presiding panel, upon the motion of any party or intervenor or on the initiative of the presiding officer or panel, shall upon reasonable notice to affected persons suspend or waive any requirement or limitation imposed by this chapter when the suspension…

(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 commission on the date of receipt, as…

(a) All correspondence, pleadings, motions or other documents filed shall: (1) Include the title and docket number of the case, if known; (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size; (3) Be signed by the proponent of the document, or, if the …

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to all other parties and intervenors. (b) All notices, orders, decisions or other documents issued by the presiding office…

(a) Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include…

(a) Motions shall be in written form and filed with the presiding officer or presiding panel, 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 a…

(a) A hearing shall be commenced by an order of the commission giving the parties the notice specified in paragraph (b). (b) The hearing notice shall contain: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority under which the hear…

A party or intervenor or the representative of the party or intervenor shall file an appearance that includes the following information: (a) The docket number assigned by the commission or a brief identification of the case; (b) A statement as to whether or not the representative…

(a) A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the presiding officer or panel if the presiding officer or panel determines that to do so would facilitate the proceedings or encourage resolution of the dispute. (b) …

(a) The presiding officer or presiding panel 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 commission shall cause a transcript to be prepared and, upon receipt of pa…

(a) A non-party may intervene pursuant to 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 proceedings or that the non-party qualifies as an intervenor under any provision of law. (b) I…

Notwithstanding the provisions of this chapter, an intervenor's right to participate in the proceedings shall be subject to any limitations or conditions imposed by the presiding officer or presiding panel pursuant to RSA 541-A:32, III. Notes N.H. Admin. Code § Gcd 208.02 #7635-A…

(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 or presiding panel determines that there is good cause to do so. (c) …

If any party to whom notice has been given in accordance with Gcd 207.01 fails to attend the hearing, the presiding officer or panel shall: (a) Declare that party to be in default; and (b) Dismiss the case if the party failing to appear has the overall burden of proof or hear the…

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

(a) Any party or intervenor may make a motion requesting that the presiding officer or presiding panel order 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 rece…

At least 5 days before the hearing the parties and intervenors shall provide to the other parties and intervenors: (a) A list of all witnesses to be called at the hearing together with a brief summary of their testimony; (b) A list of all documents and exhibits to be offered as e…

The record of the hearing shall be as set forth in RSA 541-A:31, VI. Notes N.H. Admin. Code § Gcd 211.01 #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

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 § Gcd 211.02 #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

(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 or an agency, the person or agency being represented shall also be identified. (b) The testimony on be…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer or presiding panel as irrelevant, immaterial, unduly repetitious or l…

(a) Any party or intervenor may submit proposed findings of fact and conclusions of law to the presiding officer or presiding panel before or at the hearing. (b) The presiding officer or presiding panel shall require the submission of proposed findings of fact and conclusions of …

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by Gcd 211.07. (b) Before the conclusion of the hearing, a party or intervenor may request that the record be left open to allow the fili…

The presiding officer or the presiding panel, on the motion of any party or intervenor or on the initiative of the presiding officer or panel, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence and arguments not previously received if: (…