New Hampshire Administrative Code

(a) The professional standards set forth in this part and Home 600 shall bind all licensees, and violation of any such standard shall result in disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by a candidate for licensure as a home inspector i…

The ethical standards binding licensees shall be the code of ethics pursuant to RSA 310-A:185. Notes N.H. Admin. Code § Home 501.03 #9506, eff 7-8-09 Amended by Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12463, Effective 1/23/2018, Expires 1/23/2028.

(a) The purpose of these standards of practice is to establish a minimum and uniform standard for home inspectors. These standards of practice are intended to provide the public with objective information regarding the condition of the systems and components of the home as inspec…

(a) "Alarm systems" means warning devices installed or free-standing including but not limited to smoke detectors, carbon monoxide detectors, flue gas, and other spillage detectors, and security equipment. (b) "Architectural services" means any practice involving the art and scie…

(a) The home inspectors shall use a handwritten, printed, or digital contract and provide only the client with a copy of the contract. (b) The contract shall state the home inspection is to be performed in accordance with the New Hampshire standards of practice, Home 600. (c) The…

(a) When inspecting structural systems the home inspector shall: (1) Inspect the structural components including the foundation, framing, floor structure, wall structure, ceiling structure, and roof structure; (2) Inspect a representative number of structural components where det…

Any person holding a license may voluntarily surrender that license by returning it to the board accompanied by a signed letter stating that he or she intends to surrender his or her license. Notes N.H. Admin. Code § Home 701.01 #9506, eff 7-8-09 Amended by Volume XXXVIII Number …

(a) A licensee who voluntarily surrenders a license shall retain no right or privilege of a New Hampshire license unless such a right or privilege is expressly preserved in the board order or settlement agreement authorizing the voluntary surrender. Subject to such possible prese…

(a) A licensee who wishes to surrender his or her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing. (b) Any settlement agreement reached under (a), above, …

"Chair" means the chair of the New Hampshire commission for human rights, designated by the governor under RSA 354-A:3. Notes N.H. Admin. Code § Hum 101.01 #6685, eff 2-5-98; ss by #8813, eff 2-3-07

"Commission" means the New Hampshire commission for human rights. Notes N.H. Admin. Code § Hum 101.02 #6685, eff 2-5-98; ss by #8813, eff 2-3-07

"Commissioner" means a member of the New Hampshire commission for human rights, appointed by the governor under RSA 354-A:3. Notes N.H. Admin. Code § Hum 101.03 #6685, eff 2-5-98; ss by #8813, eff 2-3-07

The New Hampshire commission for human rights is a state agency established by RSA 354-A for the purpose of eliminating discrimination in employment, public accommodations and the sale or rental of housing or commercial property because of age, sex, sexual orientation, race, reli…

(a) Pursuant to RSA 354-A:3, I, the New Hampshire commission for human rights consists of 7 commissioners with the powers and authority described in RSA 354-A:5. (b) Pursuant to RSA 354-A:5, III the commission staff consists of the director, investigators and other employees and …

(a) The commission shall accept submissions and responds to requests for information which are made in writing by mail, by facsimile, by telephone and by e-mail. (b) The commission's office location and mailing address is 2 Chenell Drive, Concord, New Hampshire 03301-8501. (c) Th…

(a) Pursuant to RSA 91-A:4, any person may inspect and copy all public and non-confidential records of the commission during normal business hours at the commission offices. (b) The commission shall make no copying charge for 25 or fewer pages. The commission shall charge the com…

Terms in this chapter shall have the following meanings: (a) "Appearance" means a written notification to the commission that counsel for a party or other person intends to participate in pre-hearing proceedings governed by this chapter; (b) "Complaint" means a written verified s…

(a) The following people and entities shall be entitled to file a complaint: (1)Any person claiming to be aggrieved by an unlawful discriminatory practice; (2) Pursuant to RSA 354-A:21, I(a), any member of the commission; (3) Pursuant to RSA 354-A:21, I(a), the attorney general; …

(a) All complaints of employment discrimination or employment discrimination combined with other types of discrimination, including those filed pursuant to RSA 354-A only and those filed pursuant to both RSA 354-A and federal law, shall be made: (1) On an EEOC form charging discr…

(a) A complaint of discrimination not including employment discrimination shall be made on a form provided by the commission or in a letter containing the following: (1) The complainant's: a.Name; b.Full mailing address; c.Home telephone number; and d.Work telephone number; (2) I…

(a) A complaint shall be filed by:(1) Delivery of the original complaint by hand, delivery service or delivery company; (2) United States mail; or (3) Facsimile transmission of a copy of the original complaint together with other delivery of the original complaint. (b) If filed b…

(a) The complainant or commissioner filing a complaint may amend the complaint at any time prior to the date scheduled for the pre-hearing conference if the amendment is for any of the following purposes: (1) To cure technical defects or omissions, including failure to verify; (2…

(a) Pursuant to RSA 354-A:21-a, I any person alleging to be aggrieved by any practice made unlawful by RSA 354-A shall have the option to remove his or her complaint by filing a civil action in superior court within the limitations set forth in Hum 203.03 and in accordance with (…

(a) Pursuant to RSA 354-A:21-a, a respondent shall have the option to remove a case to superior court for trial within the limitations of Hum 203.03 and by following the procedures in (b) below whenever the investigating commissioner has: (1) Made a determination of probable caus…

Pursuant to RSA 354-A:21-a, I, a superior court trial shall not be available: (a) To any party if a public adjudicative hearing before the commission has begun or has been concluded; or (b) To a complainant whose complaint has been dismissed as lacking in probable cause and who h…

(a) An attorney who is an active member in good standing of the Bar of New Hampshire shall be eligible to represent a client in proceedings pursuant to this chapter by: (1) Participating in all conferences and meetings; (2) Signing documents on behalf of his or her client, except…

An attorney shall be eligible to represent a client pro hac vice if the attorney is: (a) Employed at a law firm which has a partner or associate who:(1) Is an active member in good standing of the New Hampshire Bar; and (2) Will: a.File an appearance; and b.Assist the attorney in…

(a) An attorney who is not a member of the Bar of New Hampshire and wishes to represent a client pro hac vice in proceedings pursuant to this chapter shall:(1) Be eligible under Hum 204.02 to provide pro hac vice representation; and (2) File a signed and verified motion providing…

The commission shall approve motions for pro hac vice representation unless: (a) The applicant is ineligible pursuant to Hum 204.02 to provide such representation; or (b) The applicant has appeared so frequently or so periodically as to constitute the practice of law in New Hamps…

An attorney representing a party in proceedings pursuant to this chapter shall file a written notice of appearance. Notes N.H. Admin. Code § Hum 205.01 #6686, eff 2-5-98, EXPIRED: 2-5-06 New. #8589, INTERIM, eff 3-18-06, EXPIRED: 9-14-06 Source.(See Revision Note at chapter headi…

An attorney who ceases a representation for which the attorney has filed a written notice of appearance shall immediately file a written notice of withdrawal of appearance. Notes N.H. Admin. Code § Hum 205.02 #6686, eff 2-5-98, EXPIRED: 2-5-06 New. #8589, INTERIM, eff 3-18-06, EX…

When a party is represented by an attorney who has filed a written notice of appearance, service upon the attorney shall be deemed valid service upon the party, unless the attorney has timely filed a written notice of withdrawal of appearance. Notes N.H. Admin. Code § Hum 205.03 …

(a) After the filing of a complaint, the chair of the commission shall designate one of the commissioners to act as the investigating commissioner for that complaint. (b) A commissioner who has filed a complaint under Hum 202.01(a)(2) shall not be designated to act as the investi…

The director shall assign a staff investigator to investigate the complaint under the supervision of the director and the investigating commissioner. Notes N.H. Admin. Code § Hum 206.02 #6686, eff 2-5-98, EXPIRED: 2-5-06 New. #8589, INTERIM, eff 3-18-06, EXPIRED: 9-14-06 Source.(…

(a) The staff investigator shall:(1) Discover facts; (2) Make reports and recommendations to the investigating commissioner; and (3) Assist the parties in settlement negotiations. (b) The investigator shall maintain a neutral position with regard to the parties at all times. Note…

If the investigator considers the information relevant to the investigation, the investigator shall request the complainant to provide information including the following: (a) A detailed written account of the events alleged in the complaint; (b) A list of potential witnesses for…

(a) If the investigator considers the information relevant to the investigation, the investigator shall request the respondent to provide information including the following:(1) A written verified response to the complaint complying with (b) below; (2) Records and documents, incl…

The parties or their attorneys shall provide the opposing parties or their attorneys with copies of all materials submitted to the commission during the investigation unless the materials are confidential pursuant to Hum 219.01(b). Notes N.H. Admin. Code § Hum 207.03 #6686, eff 2…

(a) The director, in consultation with the investigator, shall consider the factors stated in (b) below when deciding whether a pre-determination conference shall be held. (b) Factors to be considered when deciding whether to schedule a pre-determination conference shall include,…

(a) The complainant and respondent and, if they are represented by counsel, their attorneys shall attend the pre-determination conference. (b) The investigator shall request the attendance of such persons as the investigator determines are likely to: (1) Provide relevant informat…

(a) All relevant information shall be accepted without regard to rules of evidence. (b) No oaths shall be administered. (c) No taped or stenographic record shall be made of the conference, but notes shall be kept by the investigator or an assistant for inclusion in the investigat…

(a) After the investigation portion of the conference, the investigator shall: (1) Review the case separately with each party and discuss possible modes of settlement; and (2) Encourage settlement. (b) The investigator shall relay all settlement proposals to the opposing party fo…

(a) If the parties agree on a settlement at any time prior to a probable cause determination but the complainant does not withdraw the complaint as part of the settlement, the pre-determination agreement shall include the terms required by (b) below. (b) The pre-determination agr…

(a) In the event that a pre-determination conference is not held or the parties fail to reach a pre-determination settlement, the investigator shall conduct further investigation as follows:(1) Interview all parties who are individuals; and (2) Any of the following considered nec…

(a) When the investigator has completed the investigation, he or she shall send to the parties an investigation summation letter containing the following information: (1) The fact that the investigation has been completed; (2) A list of documents reviewed in the course of the inv…

When the deadline for response to the investigation summation letters has passed, or the investigator has completed any investigation she or he determines is necessary on the basis of the information in responses to investigation summation letters, the investigator shall submit t…

(a) On the basis of the investigative report the investigating commissioner shall make a determination of probable cause or no probable cause. (b) In making the determination of probable cause or no probable cause, the investigating commissioner shall reserve for determination at…