New Hampshire Administrative Code

(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…

Unless all parties agree to a modification of the process, the board shall hold a trial-type of evidentiary hearing with an opportunity for the subsequent submission of memoranda. Each party shall have the opportunity to call its own witnesses and to cross-examine other witnesses…

The presiding officer shall make such inquiry of witnesses as the presiding officer believes necessary to develop a sound record for decision. Other board members participating in the proceeding shall also ask such questions and make such inquiries as each such board member deems…

The presiding officer shall direct the parties 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 in deciding the case. If such an order is issued, individual rulings upon such…

(a) The board shall issue a decision and order based on:(1) A hearing attended by a quorum of the board; or (2) A written proposed consent decree. (b) The decision and order shall be in writing and dated. (c) A board member shall not participate in rendering a decision if he or s…

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

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

(a) Adjudicative proceedings commenced by the board shall be conducted by a presiding officer. (b) The board chairman shall serve as presiding officer unless he or she designates another board member to so serve or is otherwise not available to act as presiding officer, in which …

(a) 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 affirmations, direct the course of the proceedin…

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

(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) Objections to adverse rulings b…

(a) The evidence shall be received by the board and the presiding officer shall be charged with preparing a written proposed decision with recommendations for the final disposition of the case and any pending motions. Such proposed decisions shall be served upon the parties and b…

(a) Final adjudicative orders of the board shall take effect on the date they are served upon the parties pursuant to Hcp 204.03(c) unless such order specifies another date, in which case, the order shall take effect as specified therein. (b) Motions for reconsideration or rehear…

Within the time frame specified in Hcp 209.01(b), the board shall correct, reconsider, revise or reverse any final action on its own motion if the board determines that such final action was incorrect. If the board's action is based upon the existing record, prior notice shall no…

(a) Board actions shall be stayed only in response to a specific motion requesting a stay or by the board acting on its own motion. (b) A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified by Hcp 209.01(b), and …

Adjudicative 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…

Whenever it shall appear to the board, upon motion or its own initiative, that injury to the substantial rights of a party or undue delay may be thereby avoided, the board shall, as fairness and efficiency permit, sever one or more issues from a proceeding, and dispose of those i…

(a) Notwithstanding any other provision of this chapter, 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 descr…

(a) Formal investigations shall be commenced for the purpose of obtaining documents, recording testimony, and otherwise gathering information relevant to matters within the board's jurisdiction when the board believes this technique would be more effective than an informal invest…

The board shall appoint a member of its staff, an investigator retained through the office of professional licensure and certification, an attorney, or a member of the board to conduct a formal or informal investigation. Notes N.H. Admin. Code § Hcp 211.03 #6935, eff 1-29-99, EXP…

(a) The board shall conduct informational hearings to assist it in gathering information concerning policy matters, such as the proposing of board rules. (b) The board chair, acting chair, or another board member designated by the chair shall serve as the presiding officer at inf…

A board rule, or any amendment or repeal thereof, shall be adopted by order after following the process provided by RSA 541-A: 3 for 8-year rules, RSA 541-A:18 for emergency rules, and RSA 541-A18 for interim rules. Rules shall be proposed pursuant to a petition or on the board's…

A request for the commencement of a proceeding to adopt, amend or repeal a rule shall be submitted in the form of a petition which contains the following information: (a) A statement of the reason for the petitioner's interest in the subject matter of the proposed rule; (b) The t…

(a) The board shall issue an order granting or denying a petition for rulemaking. If the petition is denied, the board shall state the reason therefore in the order. (b) The board shall deny a petition if:(1) The preponderance of the data or argument fails to support the petition…

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to the board within 30 days of the board's adoption of the rule. (b) The request shall be considered at the next scheduled board meeting and the board s…

Hcp 213.01 Petitions for Waiver. (a) Unless granting it would conflict with any statutory provision, the board shall entertain a petition to waive any rule not covered by Hcp 201.04 upon the filing of a petition pursuant to Hcp 205.01(b) which clearly identifies the rule in quest…

(a) Petitions for a declaratory ruling on matters within the jurisdiction of the board shall be filed as a petition which meets the requirements of Hcp 205.01(b) and also contains the following information:(1) The exact ruling being requested; and (2) The complete and material st…

The petitioner shall provide such further information as the board shall direct after reviewing the petition and any replies received. Notes N.H. Admin. Code § Hcp 214.02 #6935, eff 1-29-99, EXPIRED: 1-29-07 New. #9337, eff 12-3-08 (formerly Hcp 213.02)

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking. Notes N.H. Admin. Code § Hcp 215.01 #9337, eff 12-3-08…

(a) These rules shall apply to all hearings required by state law to be conducted by the department at which public comment shall be solicited, except that they shall not apply to adjudicative hearings. (b) If any requirement set by these rules conflicts with an applicable statut…

(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the ""Rulemaking Register"" so that it shall appear at least 20 days prior to the hearing date. (b) Notice for rulemaking public comment hearings shall comply with RSA 541-A:…

(a) Public comment hearings shall be open to the print and electronic media. (b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways: (1) Limit the number of media representatives when their presence is disproportionate to the…

(a) The hearing shall be presided over by a moderator who shall be the board chairperson or a designee. (b) The moderator shall: (1) Call the hearing to order; (2) Cause a recording of the hearing to be made; (3) Place limits on the media to avoid disruption as set out in Hcp 215…

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall b…

(a) Each person seeking licensure as an audiologist in New Hampshire shall: (1) Submit to the board a complete application for licensure required pursuant to RSA 137-F:13, I(a) and further described in Hcp 301.02; (2) Meet the education requirements of RSA 137-F:13, I(c) and furt…

Each applicant for licensure as an audiologist shall provide the following on or with an "Application for Audiologist License" form to the board: (a) The applicant's name, home address and telephone number; (b) The applicant's date of birth; (c) A description of the applicant's e…

The educational qualifications for licensure as an audiologist pursuant to RSA 137-F:13, I, shall be as follows: (a) At least one of the following degrees in the specialized area of audiology shall be: (1) A master's degree; or (2) A doctoral degree; (b) The degree shall have bee…

(a) Each audiologist applicant shall pass a written national examination in audiology administered by any of the following:(1) Education Testing Services of Princeton, New Jersey; (2) American Academy of Dispensing Audiology; (3) Audiology Foundation of America; (4) American Acad…

(a) Each applicant for licensure as an audiologist shall personally sign the application formand shall neither arrange for nor allow any other person to sign on the applicant's behalf. (b) An application shall not be considered on its merits until it has been accepted for filing …

(a) The board shall, within 30 days from acceptance for filing: (1) Issue an audiology license if the board determines that the applicant has:a. Submitted an application free of materially false statements; b. Met all applicable procedural requirements set forth in Hcp 301.01; an…

(a) An individual may apply for an interim audiologist license if he or she: (1) Meets the character requirements as set forth in Hcp 305.01; and (2) Meets the educational requirements of Hcp 301.03 and the clinical practicum requirements of Hcp 301.04, but has not yet completed …

(a) The educational qualifications for licensure as an audiologist pursuant to RSA 137-F:13, I, shall be as follows: (1) At least one of the following degrees in the specialized area of audiology shall be: a.A master's degree; or b.A doctoral degree; (2) The degree shall have bee…

(a) Each audiologist applicant shall have completed a supervised postgraduate clinical experience that conforms to the requirements of (b) below. (b) The supervised professional practice plan required pursuant to (a) above shall: (1) Detail the number of hours performing: a.Diagn…

Each applicant for full licensure as an audiologist shall meet the examination requirements set forth in Hcp 303.01. Notes N.H. Admin. Code § Hcp 302.04 #6935, eff 1-29-99, EXPIRED: 1-29-07 New. #9338, eff 12-3-08 The amended version of this section by New Hampshire Register Volu…

(a) An individual may apply for an interim license if he or she: (1) Meets the character requirements as set forth in Hcp 302.01; and (2) Meets the educational requirements of Hcp 302.02 but has not completed the supervised post-graduate clinical experience required pursuant to R…

(a) The following qualifications shall apply to each applicant for temporary licensure as an audiologist:(1) The applicant shall submit a complete application pursuant to Hcp 301.02, including payment of the application fee; (2) The applicant shall meet the character qualificatio…