New Hampshire Administrative Code

Within 10 days of its receipt of a motion for rehearing, the commission shall notify all parties and intervenors that it has: (a) Granted or denied the motion for rehearing; or (b) Suspended its final decision pending further consideration of the motion. Notes N.H. Admin. Code § …

Any person may seek the adoption, amendment or repeal of a rule by submitting to the commission a petition pursuant to RSA 541-A:4 which shall contain: (a) The name and address of the individual petitioner, or, if the request is that of an organization or other entity, the identi…

(a) The commission shall request additional information or argument from the petitioner or from others if such additional information or argument is required to reach a decision. (b) The commission shall deny the petition for rulemaking when the adoption, amendment or repeal soug…

The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Gcd 213.01 #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the provisions of this part. (b) Public comment hearings shall be open to print and electronic media, subject to the following limitations by the commission…

(a) Public comment hearings shall be presided over by the commission chair or another individual who has been designated by the commission to preside over the hearing. (b) The person presiding over the hearing shall: (1) Call the hearing to order; (2) Identify the proposed rules …

(a) People who wish to speak about the rules which are the subject matter of the hearing shall be asked to write on the speaker's list their full names and addresses and, if they represent other persons, the identity of the persons represented. (b) People who wish to speak shall …

The individual presiding over the hearing shall: (a) Refuse to recognize for speaking or revoke the recognition of anyone who: (1) Speaks or acts in an abusive or disruptive manner; or (2) Refuses to keep comments relevant to the proposed rules which are the subject matter of the…

(a) Any person may petition for a declaratory ruling by the commission if: (1) The person is directly affected by RSA 275-C, RSA 362-E or the administrative rules implementing those statutes; and (2) The legal issues presented by the petition taken together with the facts present…

(a) A petition for a declaratory ruling shall be accompanied by: (1) A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested; (2) A statement of the facts believed to support the ruling being requested; and (3) Supplementary …

(a) Within 30 days of receiving a petition for a declaratory ruling the commission shall advise the petitioner if the ruling will be delayed by the need for additional information or the complexity of the issues presented. (b) If additional information should be needed, the commi…

When facts sufficient to support a declaratory ruling or to justify denial of a declaratory ruling have been established, the commission shall: (a) Issue a written declaratory ruling which applies all relevant law to the established facts; or (b) Issue a written decision that the…

A declaratory ruling shall: (a) Apply only to the petitioner; and (b) Be confined to the facts presented pursuant to Gcd 214.02(a) (2) and in response to any request of the commission made pursuant to Gcd 214.03(b). Notes N.H. Admin. Code § Gcd 214.05 #7635-A, eff 1-30-02; ss by …

Declaratory rulings shall be edited as necessary to comply with RSA 91-A and filed on the day of issue with the director of legislative services in accordance with RSA 541-A:16, II (b). Notes N.H. Admin. Code § Gcd 214.06 #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

(a) Any person who has a dispute with the commission shall have the opportunity to attempt to reach a resolution of the dispute by agreement so long as a hearing of the dispute has not yet commenced in accordance with Gcd 207.01. (b) An agreement resolving some or all of the issu…

(a) After commencement of a hearing in accordance with Gcd 207.01, any person who has a dispute with the commission shall have the opportunity to attempt to reach a resolution of the dispute by formal settlement. (b) A formal settlement resolving some or all of the issues compris…

The process for alternative dispute resolution shall be: (a) Conversation between the executive director and the person who differs with the commission or between the executive director and that person's representative; or (b) Any other process mutually satisfactory to the disput…

Any interested person may, before 30 days after final adoption of a rule, request a written explanation of that rule by making a written request to the commission including: (a) The name and address of the person making the request; or (b) If the request is that of an entity, the…

The commission shall within 90 days of receiving a request in accordance with Gcd 216.01 provide a written response which: (a) Concisely states the meaning of the rule adopted; (b) Concisely states the principal reasons for and against the adoption of the rule in its final form; …

These rules implement RSA 362-E and the telecommunications equipment assistance program of the governor's commission on disability. The program serves New Hampshire residents who are unable readily to use a standard wire telephone due to being deaf, hard of hearing, speech impair…

(a) "Certifying professional" means, as appropriate to the disability in question, any physician, physician's assistant, optometrist, audiologist, otolaryngologist, speech-language pathologist, nurse or nurse practitioner licensed to practice in any state, or a counselor in the b…

Participation in the TEAP program shall be limited to those persons who: (a) Are New Hampshire residents; (b) Have at least one of the disabilities set forth in Gcd 303.02; (c) Either meet the income eligibility standard for full financial assistance set forth in Gcd 304.04 (a) o…

The disabilities forming the basis for participation in TEAP shall be: (a) Deafness; (b) Being hard of hearing; (c) Speech impairment; or (d) Other inability, by reason of a physical, vision, hearing or speech disability, to readily use a standard telephone. Notes N.H. Admin. Cod…

An applicant for participation in TEAP shall: (a) Furnish the information called for by the application form described in Gcd 303.04; (b) Provide the verification and dated signature required by Gcd 303.05; (c) Submit the completed application form and the completed certification…

An applicant for participation in TEAP shall provide the following information on the "Telecommunications Equipment Assistance Program" form: (a) The applicant's name; (b) The applicant's residential and e-mail addresses; (c) The numbers by which the applicant can be reached by t…

An applicant for participation in TEAP shall sign and date a statement preprinted on the application form which declares that, to the best of the applicant's knowledge, all information contained in the application is correct and true. Notes N.H. Admin. Code § Gcd 303.05 #7636, ef…

An applicant for participation in TEAP shall submit or arrange to be submitted on the applicant's behalf a certification of disability by providing the following information on the "Telecommunications Equipment Assistance Program Certification of Disability" form: (a) The applica…

(a) Applications shall be reviewed for completeness in the order that they are received. (b) An application found to be complete shall be dated and signed by a commission member or a representative of the contractor to indicate its status as complete. (c) An applicant shall recei…

A participant in the TEAP program shall be entitled to: (a) Evaluation in the participant's customary environment of the participant's equipment needs for ready communications using a wireline or wireless telephone; (b) A professional communications evaluation, if necessary to de…

(a) Devices received by participants shall be the property of the commission. (b) Recipients of devices shall return the devices to the commission or contractor when:(1) The recipient(s) no longer need them; or (2) The recipient(s) change their residency so that they are no longe…

(a) There shall be no distribution of a newer model or improved version of a device already distributed to a program participant for a period of 4 years following the first distribution of the device to the participant. (b) If 2 or more devices meet the equipment needs of a progr…

(a) To the extent that funds are available, program participants shall be eligible for full financial assistance with the full cost of any devices they receive through the program if: (1) Their adjusted gross income as reported for federal income tax purposes, less disability-rel…

The purpose of these rules is the implementation of RSA 275-C:6 VII. Notes N.H. Admin. Code § Gcd 401.01 #10341, eff 5-17-13 Amended by Number 50, Filed December 14, 2023, Proposed by #13811, Effective 11/23/2023, Expires 11/23/2033.

"Service animal'' means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained o…

"Commission" means "commission" as defined in RSA 275-C:1, I, namely, "the governor's commission on disability." Notes N.H. Admin. Code § Gcd 402.02 #10341, eff 5-17-13 Amended by Number 50, Filed December 14, 2023, Proposed by #13811, Effective 11/23/2023, Expires 11/23/2033.…

"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…

"Registration tag" means a small tag issued by the commission and affixed to the service animal which states " GCD - Permanent Registration" and which has a unique number. Notes N.H. Admin. Code § Gcd 402.04 #10341, eff 5-17-13 Amended by Number 50, Filed December 14, 2023, Propo…

Persons wishing to obtain a certificate or tag stamped, "GCD Permanent Registration" for their service animal, shall submit a written request to the commission which includes the owner's: (a) Name; (b) Address; (c) Phone number; (d) Email address and; (e) City or town of residenc…

The commission shall issue a registration tag and a certificate to the owner of a service animal after verification of the dog's permanent registration and licensing with the town. Notes N.H. Admin. Code § Gcd 403.02 #10341, eff 5-17-13 Amended by Volume XXXIX Number 41, Filed Oc…

There shall be no fees for the issuance of registration tags. Notes N.H. Admin. Code § Gcd 403.03 #10341, eff 5-17-13 Amended by Number 50, Filed December 14, 2023, Proposed by #13811, Effective 11/23/2023, Expires 11/23/2033.

The town clerk of each town or municipality shall determine the process by which permanently registered dogs that are service animals will be tracked for town purposes and ensure that town service animal owners are not required to participate, in any way, with an annual renewal o…

In cases of change of town of residency, the service animal owner shall re-register the dog at no cost. If the owner has elected to obtain a tag through the commission, the owner shall let the commission know of any change in town of residency. Notes N.H. Admin. Code § Gcd 403.05…

Upon the death or retirement of a service animal, the owner or person in possession of the service animal tag shall immediately return the tag to the commission. Notes N.H. Admin. Code § Gcd 403.06 #10341, eff 5-17-13 Amended by Number 50, Filed December 14, 2023, Proposed by #13…

This chapter sets forth the organization and statutory responsibilities of the genetic counselors governing board and the manner of communication with the board. Notes N.H. Admin. Code § Gen 101.01 Adopted byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10650, Effec…

"ABGC" means "ABGC as defined in RSA 326-K:1, I, namely the "American Board of Genetic Counseling", its equivalent, or successor. Notes N.H. Admin. Code § Gen 102.01 Adopted byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10650, Effective 8/6/2014.

"ABMG" means "ABMG" as defined in RSA 326-K:1, II, namely the "American Board of Medical Genetics", its equivalent, or successor. Notes N.H. Admin. Code § Gen 102.02 Adopted byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10650, Effective 8/6/2014.

"Board" means "board" as defined in RSA 326-K:1, III, namely, "the genetic counselors governing board established in RSA 328-F." Notes N.H. Admin. Code § Gen 102.03 Adopted byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10650, Effective 8/6/2014.