New Hampshire Administrative Code

A motion to change time shall be filed at least 3 business days prior to the event in question. Notes N.H. Admin. Code § Int 203.03 #10040-A, eff 12-16-11; ss by #10359, eff 6-14-13

A party or the party's representative shall file an appearance that includes the following information: (a) A brief identification of the matter; (b) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New …

(a) A document shall be considered filed when it is actually received at the board's office in Concord and conforms to the requirements of this chapter. The bureau of vocational rehabilitation, program for the deaf and hard of hearing, shall be the custodian of the board's record…

(a) The following documents may be filed with the board in an alternative format described in paragraphs (b)-(d):(1) Documents filed under Int 205.01; (2) Petitions under Int 213.02; (3) Complaints of licensee misconduct filed under Int 206.01 (4) Motions and objections to motion…

(a) All complaints, petitions, motions, and replies filed with the board shall be signed by the proponent of the document or, if the party appears by a representative, by the representative. (b) The proponent's signature on a document filed with the board shall constitute a certi…

(a) Complaints against licensees shall be filed with the board without service upon the licensee against whom the complaint has been filed. (b) Applications, petitions for rulemaking and petitions for declaratory rulings shall be filed with the board without service upon other pe…

(a) Any person may make a written complaint charging a licensee or an unlicensed interpreter with misconduct under RSA 326-I:14, II The complaint shall be filed at the board's offices in Concord. The complaint may be filed in an alternative format under Int 205.02. (b) The person…

The board shall dismiss a complaint at any time for failure to state a cause of action, failure to respond to a request for information, or failure to participate in any investigation or hearing ordered by the board. However, the board may independently pursue allegations of misc…

(a) At any stage of the board's investigation of the allegations in a complaint, the board shall, with the consent of the licensee or unlicensed interpreter, enter a settlement agreement that imposes discipline upon the licensee or unlicensed interpreter and terminates further di…

(a) At any time during the board's investigation of the allegations in a complaint, the board shall encourage the licensee or unlicensed interpreter and the complainant to participate in mediation on a timely and good faith basis with a non-board member designated and who agrees …

(a) The board shall conduct such investigations as are necessary to examine acts of possible misconduct that come to its attention through complaints or other means. (b) The board shall appoint one or more of its members, or other knowledgeable person to conduct the investigation…

Investigatory reports and all information gathered by an investigator shall be confidential, provided that: (a) The investigator's report shall be made available to the parties in any adjudicative proceeding resulting therefrom; and, (b) Upon request, the board shall provide info…

(a) Hearings commenced by the board shall be conducted by a presiding officer. (b) The board shall appoint one of its members to serve as a presiding officer. (c) The presiding officer shall serve in a conscientious and truthful manner or shall be removed by the board without not…

(a) The presiding officer shall possess all authority with respect to the procedural aspects of hearings including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding and decide procedural and discovery issues. (b) The presidin…

(a) There shall be no interlocutory appeal to the board of procedural or discovery orders made by the presiding officer. Contemporaneous exceptions to such rulings shall be unnecessary and shall not be made. (b) The parties may include objections to an adverse ruling of a presidi…

The board shall at any time, and without notice or hearing, replace the presiding officer if circumstances exist which would require the presiding officer to withdraw according to the following criteria: (a) Upon his or her own initiative or upon the motion of any party, a presid…

(a) This part shall govern all hearings conducted by the board. Such hearings shall include disciplinary hearings for the adjudication of misconduct allegations. (b) Unless called as a witness, agency staff shall have no role in any hearing conducted by the board, other than prov…

(a) The board shall commence a hearing by: (1) Issuing a notice to the parties at least 30 days before the first scheduled hearing date or first prehearing conference. A hearing shall be held on all formal complaints accepted by the board within three months of the date notice of…

(a) If any party to whom notice has been given in accordance with 209.02 fails to attend a hearing, the presiding officer shall declare that party to be in default unless failure to attend is justified by a showing of good cause. (b) Good cause shall include accident, illness or …

(a) Motions shall be in written form and filed with the presiding officer, 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) All motions shall state clearly a…

(a) Complainants and other non-parties may file a motion with the presiding officer for intervention in an adjudicative proceeding. (b) The motion to intervene shall: (1) Be in writing or alternative format pursuant to Int 205.02 and include the following: a.A statement of facts …

(a) A prehearing conference in accordance with RSA 541-A:31, V shall be scheduled on the request of any party or intervener or on the initiative of the presiding officer if the presiding officer determines that to do so would facilitate the hearing or encourage resolution of the …

(a) Upon the written request of a party, the board shall disclose to the parties any information not privileged in the possession of the board, which relates to the subject matter of the proceeding. (b) Each party shall attempt in good faith to make complete and timely response t…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33 and by the provisions of this section. (b) Hearings shall not be conducted under the rules of evidence, but, the evidentiary privileges recognized by the law of New Hampshire shall apply to hearings under…

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

(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…

(a) Where facts material to the subject matter of the proceeding are in dispute, and personal observation of witnesses or the immediate opportunity for cross-examination of witnesses is necessary or desirable, the proceeding shall, to that extent, consist of a trial-type evidenti…

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing. (b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the is…

Unless required for the disposition of ex parte matters authorized by law, no board member, party, intervener or party representative, shall communicate, directly or indirectly, in connection with any issue before the board, with any party or person, except upon notice and opport…

(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 Int 209.14 and Int 209.15. (b) Before the conclusion of the hearing, a party may request that the record be left open to allow the fil…

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant material and non-duplicative testimony, evidence or arguments not previousl…

(a) The decision or order shall: (1) Be in writing and dated; and (2) Include findings of fact and rulings of law. (b) A disciplinary order of the board, or an order denying a petition for declaratory rulings or rulemaking, shall not be final until the date it is served upon the …

(a) The rules in this section allow a person affected by a final decision of the board to request a rehearing of a decision prior to appealing the decision with the court having appellate jurisdiction. (b) A motion for rehearing shall be filed within 30 days of the date of board …

The board shall stay any action on its decision until it has ruled on the motion for rehearing. Notes N.H. Admin. Code § Int 210.02 #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11 New. #10040-A, eff 12-16-11; ss by #10359, eff 6-14-13

The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 30 days of the filing of the motion for rehearing. Notes N.H. Admin. Code § Int 210.03 #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-…

Whenever it shall appear to the board, upon motion or its own initiative, that 2 or more proceedings involve substantially similar or substantially related issues, the board shall, as fairness and efficiency permit, consolidate those proceedings for hearing, or decision, or both.…

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 will be thereby avoided, the board shall sever one or more issues from a proceeding, and dispose of those issues in another proceeding. Notes …

All petitions for declaratory rulings shall contain: (a) The name and address of the petitioner; (b) The name and address of the petitioner's representative, if any; (c) A concise statement of the facts which caused the petitioner to request the board to act; (d) The action which…

(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 6 copies of a petition pursuant to Int 212.01. (b) Such a petition shall also set forth the following information:(1) The exact ruling being requested; (2) …

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board directs after reviewing the petition and any replies received. (b) The board shall issue a ruling on the petition within 90 days after the petition is fi…

Rules shall be proposed by petition or by the board acting on its own motion. Notes N.H. Admin. Code § Int 213.01 #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11 New. #10040-A, eff 12-16-11 (from Int 214.01); ss by #10359, eff 6-14-13

Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a petition which contains the following information: (a) A statement of the petitioner's interest in the subject matter of the proposed rule; (b) The tex…

(a) The board shall review the information contained in the petition filed under Int 213.02. (b) The board shall, by order, grant or deny a petition for rulemaking. (c) If the petition is denied, the board shall state the reason therefore in the order. (d) The board shall deny th…

The board shall commence a rulemaking proceeding by following the procedures set forth in RSA 541-A:3 et seq. Notes N.H. Admin. Code § Int 213.04 #10040-A, eff 12-16-11 (from Int 214.04); ss by #10359, eff 6-14-13

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public shall be solicited for evaluation and consideration by the board relative to rulemaking. Notes N.H. Admin. Code § Int 214.01 #7852-A, eff 3-12-03…

(a) These rules shall apply to all hearings required by state law to be conducted by the board where 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 statute, such …

(a) A public comment hearing concerning rulemaking shall be commenced by: (1) Placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date; (2) Sending notice to all licensees; and (3) Sending notice to all persons …