New Hampshire Administrative Code

"Official identification" means any state required, pursuant to RSA 427:41, IV-V, or federally required, pursuant to 9 C.F.R. Part 86.1-86.4, unique and permanent method of identification that specifically identifies individual animals in accordance with one of the systems outlin…

Persons desiring a license to deal in livestock may obtain an application from the: New Hampshire Department of Agriculture, Markets & Food Animal Industry Division PO Box 2042 Concord, NH 03302-2042 Notes N.H. Admin. Code § Agr 1903.01 #1708, eff 4-3-81; ss by #2175, eff 11-30-8…

Applications shall be filed with the: New Hampshire Department of Agriculture, Markets & Food Animal Industry Division PO Box 2042 Concord, NH 03302-2042 Notes N.H. Admin. Code § Agr 1903.02 Adopted by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12555, Effective 6…

(a) Every applicant for an initial or renewal license shall provide information as required by RSA 427:39 on either an "Initial Application for Livestock Dealer's License" or a "Renewal Application for Livestock Dealer's License", as applicable. (b) Every applicant for an initial…

Notes N.H. Admin. Code § Agr 1903.04 - 1903.07 #1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90 New. #4957, eff 10-19-90; rpld by #6272, eff 6-25-96

(a) Each license holder shall keep a written record of all individual animals entering the licensed premises, conveyances, or both including: (1) Date of purchase or acceptance; (2) Name and address of seller, consignor, or donor; and (3) Species, age, breed, gender, description,…

A written plan for disease control and prevention, including cleaning and disinfection of premises and conveyances, shall be on file with the department, in hard copy or electronically prior to initial licensing or license renewal and shall be re-submitted upon any change in prog…

(a) At each license renewal, the license holder shall submit with the application a written statement signed by an accredited veterinarian, licensed in New Hampshire, stating that the veterinarian shall be available to provide veterinary care as necessary. (b) The license holder …

(a) Each license holder shall comply with RSA 427:48 while hauling any livestock. (b) Each license holder shall submit premises, buildings, conveyances, and animals to inspection, or a combination thereof, at any such times as the commissioner may deem necessary and advisable. (c…

Complaints shall be handled under Agr 200. Notes N.H. Admin. Code § Agr 1907.01 Adopted by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12555, Effective 6/21/2018, Expires 6/21/2028.

(a) All slaughter of Cervidae and bison shall be in compliance with the provisions of RSA 427:33 and RSA 427:34. (b) For the purpose of this section, "slaughterer" as defined in RSA 427:33, I shall include propagators of Cervidae and bison permitted under the provisions of fish a…

The commissioner of agriculture, markets & food or designated agent conducts various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within the commissioner's statutory jurisdiction, including decisions on application…

The following words shall have the meanings indicated when used in this chapter: (a) "Commissioner" means the commissioner of the department of agriculture, markets & food or designated agent. (b) "Complaint" means a written statement or documented telephone call containing alleg…

(a) Any document submitted to the department which does not comply with the requirements in the rules of this chapter shall be subject to: (1) Refusal for filing; or (2) Conditional denial of a noncompliant application, petition or motion. (b) Any person who submits documents to …

(a) A complaint may be filed with the department by any person upon suspicion of wrongdoing. (b) Complaints alleging misconduct by licensees, under RSA 425-438 or a rule or order issued there under, or violators of said RSA's or rules, or order, shall be made as follows: (1) In w…

Upon receipt of a complaint by the department, but before issuance of a notice of violation, the department shall investigate the alleged violation(s) to determine whether there is a violation of RSA 425-438 or a rule or order issued thereunder. Notes N.H. Admin. Code § Agr 203.0…

(a) Prior to the imposition of an administrative fine pursuant to Agr 203.05 or the revocation, suspension or modification of a certificate of registration, permit or license, the division head shall in person or by certified mail, return receipt requested, notify the person who …

As part of the hearing procedure, evidence shall be taken into account to determine the amount of a fine. Notes N.H. Admin. Code § Agr 203.05 #6299, eff 7-25-96, EXPIRED: 7-25-04 New. #8309-A, eff 3-24-05

This part shall govern all proceedings conducted by the commissioner or his designated agent, except rulemaking and nonadjudicatory investigations. Notes N.H. Admin. Code § Agr 204.01 #6299, eff 7-25-96, EXPIRED: 7-25-04 New. #8309-A, eff 3-24-05

(a) The commissioner shall commence an adjudicative proceeding by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference. (b) The notice commencing an adjudicative proceeding shall: (1) Identify the parties to the p…

(a) The commissioner shall assign each adjudicatory proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the civil bureau, department of justice. The hearing notice shall be served upon the respondent and the complainant, if any, by mean…

Any time period specified in this chapter shall begin with the day following the act, event or default, and shall include the last day of the period, unless it is Saturday, Sunday or a legal state holiday, in which event the period shall run until the end of the next day which is…

(a) At any time before the entry of a final decision, a person who has received a notice of violation in accordance with Agr 203.04 or a notice commencing an adjudicatory proceeding in accordance with Agr 204.02, may request, by telephone, first class mail or in person, an inform…

(a) An order shall be in writing, effective immediately, on the date of issuance. However, an order for license suspension shall only be effective immediately pursuant to (d) below. (b) Orders shall be delivered either in person, at which time the party shall be requested to sign…

(a) A request for a hearing may be made by any person who received a notice of violation, cease and desist order or stop sale, use or removal order. (b) A request for a hearing shall be made by petitioning the department as follows: (1) In writing; (2) Including a plain statement…

(a) A person shall be deemed to have waived the right to a hearing before the department upon failure to meet the requirements set forth in Agr 204.07. (b) The proposed administrative fine or action on a certificate of registration, permit or license shall be final upon such waiv…

(a) Any party to an adjudicative proceeding may request a prehearing conference with the other parties to the proceeding, including the commissioner, hearings officer or division head. (b) If so requested, the commissioner, hearings officer or division head shall schedule a prehe…

(a) Any person who petitions to intervene at least 3 days prior to the start of the hearing shall be granted authority to intervene and shall have the full status of the party. (b) If a person petitions less than 3 days before the hearing, the commissioner or hearings officer sha…

Any party to an adjudicative proceeding may be represented by counsel, but an attorney appearing on behalf of a party shall first file a letter at the earliest date possible, in accordance with Agr 204.12, announcing the fact of representation. Notes N.H. Admin. Code § Agr 204.11…

Each representative of a party, whether an attorney or non-attorney, shall, upon being retained by a client in a matter pending before the department, file a letter of representation with the department and shall send copies of that letter to all parties of record. Notes N.H. Adm…

(a) Following a request in accordance with Agr 204.07, or following suspension of a permit, registration or license pursuant to RSA 541-A:30, III, the department shall provide written notification of a hearing pursuant to RSA 541-A:31, III, as outlined in Agr 204.02. (b) In the c…

Upon the written request of a party, the department shall disclose any information, not privileged, in the possession of the department, which is the subject matter of the proceeding. Notes N.H. Admin. Code § Agr 204.14 #6299, eff 7-25-96, EXPIRED: 7-25-04 New. #8309-A, eff 3-24-…

(a) All testimony of parties and witnesses shall be made under oath or affirmation administered by the hearings officer. (b) Adjudicative proceedings shall not be conducted under the rules of evidence, but the evidentiary privileges recognized by the law of New Hampshire shall ap…

(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. The party asserting the affirmative of a proposition shall present its case first. (b) Without limiting the generality of Ag…

Once a notice of hearing has been issued in an adjudicatory proceeding, no party shall communicate with any member of the department, the commissioner or the hearings officer concerning the merits of the case except upon notice to all parties and an opportunity for such party or …

(a) Unless presented during a hearing, all motions and objections thereto shall be in writing. (b) All motions shall state clearly and concisely:(1) The purpose of the motion; (2) The relief sought by the motion; (3) The statutes, rules, orders or other authority authorizing reli…

At the end of the hearing, the hearings officer shall state the time period after which he shall refuse to receive additional evidence. Notes N.H. Admin. Code § Agr 204.19 #6299, eff 7-25-96, EXPIRED: 7-25-04 New. #8309-A, eff 3-24-05

A party desiring to postpone the hearing to a later date shall request a continuance by filing a motion with the hearings officer at least 7 days prior to the date of the hearing. Notes N.H. Admin. Code § Agr 204.20 #6299, eff 7-25-96, EXPIRED: 7-25-04 New. #8309-A, eff 3-24-05…

(a) A final decision shall be issued by the division head after an informal proceeding or by the hearings officer after a hearing. (b) The final decision shall be in writing and shall include reasons for the decision. (c) A copy of the final decision shall be sent to the parties …

(a) If a default judgment is entered against a party for his failure to appear, that party may file a motion, within 20 days after the date of the hearing, to reopen the matter. (b) The motion to reopen shall include the following:(1) An explanation of why the party failed to app…

A final decision shall be issued before a matter can be brought on appeal. All final decisions issued by the department shall be binding, subject only to appeal to the supreme court, in accordance with RSA 541:6. However, if a division within the department has statutorily prescr…

(a) Hearings officers, in the discharge of their official duties, and all persons participating in the hearings process of the department, shall observe and be governed by the ethical standards of conduct specified in this section. (b) Hearings officers shall avoid the appearance…

A department rule, or any amendment or repeal thereof, shall be adopted by order after notice and opportunity for a legislative-type hearing as provided by RSA 541-A:3 et seq. Rules shall be proposed by petition or by the department acting on its own motion. Notes N.H. Admin. Cod…

(a) Any person may request the department to commence a proceeding for the purpose of adopting, amending or repealing a rule. (b) This request shall be made by filing a petition with the department which contains: (1) The name and address of the individual filing the petition or …

(a) The department shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision. (b) Within 30 days of the submission of a petition, the department shall either deny t…

The department shall commence a rulemaking proceeding by following the procedures set forth in RSA 541-A:3 et seq. Notes N.H. Admin. Code § Agr 205.04 #6299, eff 7-25-96, EXPIRED: 7-25-04 New. #8309-A, eff 3-24-05

The purpose this section is to provide uniform procedures for the conduct of public comment hearing held pursuant to RSA 541-a:11. (a) Public comment hearings shall be attended by the commissioner or his designee. (b) Public comment hearings shall be open to the public, and membe…