New Hampshire Administrative Code

The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be…

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the agency on the actual date of receipt by the agency, as evidenced by a date stamp placed on the document by the agency i…

(a) All correspondence, pleadings, motions or other documents filed under these rules shall: (1) Include the title and docket number of the proceeding, if known; (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size; (3) Be signed by the party or propo…

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding. (b) All notices, orders, decisions or other documents issued by the pr…

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of t…

(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) Oral motions and any oral objecti…

A hearing shall be commenced by an order of the agency giving notice to the parties as required by Jus 807.03. Notes N.H. Admin. Code § Jus 807.01 #7129, eff 5-3-00

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the agency. Notes N.H. Admin. Code § Jus 807.02 #7129, eff 5-3-00

(a) A notice of a hearing issued by an agency shall contain the information required by RSA 541-A:31, III, namely: (1) A statement of the time, place and nature of any hearing; (2) A statement of the legal authority under which a hearing is to be held; (3) A reference to the part…

(a) A party or the party's representative shall file an appearance that includes the following information:(1) A brief identification of the matter; (2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in N…

Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider: (a) Offers of settlement; (b) Simplification of the issues; (c) Stipulations or admissions as to issues of fact or …

Unless called as witnesses, agency staff shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § Jus 808.01 #7129, eff 5-3-00

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to an agency about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § …

(a) A non-party may intervene in a matter pending before an agency under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies a…

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

If any party to whom notice has been given in accordance with Jus 807.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and shall either: (a) Dismiss the case, if the party with the burden of proof fails to appear; or (b) Hear the testi…

(a) Each party shall attempt in good faith to make complete and timely response to requests for the voluntary production of information or documents relevant to the hearing. (b) When a dispute between parties arises concerning to a request for the voluntary production of informat…

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing if such …

At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit. Notes N…

(a) The agency shall record the hearing by tape recording or other method that will provide a verbatim record. (b) If any person requests a transcript of the taped record, the agency shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcri…

The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Jus 812.02 #7129, eff 5-3-00

(a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified. (b) Testimony shall be offered in the following or…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged. …

(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…

(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 paragraphs (b) of this section and Jus 812.07. (b) Before the conclusion of the hearing, a party may request that the record be left o…

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 previous…

(a) An agency official shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony…

The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of an agency prior to appealing the decision. Notes N.H. Admin. Code § Jus 813.01 #7129, eff 5-3-00

The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction. Notes N.H. Admin. Code § Jus 813.02 #7129, eff 5-3-00

(a) A motion for rehearing shall be filed within 30 days of the date of an agency decision or order. (b) A motion for rehearing shall:(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered; (2) Describe how each err…

(a) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the agency's decision is unlawful, unjust or unreasonable. (b) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if i…

An agency shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing. Notes N.H. Admin. Code § Jus 813.05 #7129, eff 5-3-00

(a) These rules describe the procedures to be followed by the department of health and human services, the division for juvenile justice services, the juvenile parole board, and the hearing officer to:(1) Place juveniles committed to the custody of the department of health and hu…

(a) "Administrative release to parole" means "administrative release to parole" as defined in RSA 170-H:2, I, namely "an administrative procedure to provide a period of community adjustment before parole status is granted." (b) "Board" means the juvenile parole board created purs…

(a) The board is comprised of 5 members appointed by the governor and approved by the executive council for staggered terms of 5 years or until their successors are appointed. (b) The board shall meet to hold hearings at least 12 times per year or more often as necessary to confo…

(a) Persons desiring copies of board records shall submit a written request which identifies as specifically as possible the information being sought and which agrees to pay a fee of $0.25 per copy to cover the costs of the photocopying and mailing of the requested records. (b) I…

(a) The board's office shall be located at: The Sununu Youth Services Center 1056 North River Road Manchester, NH 03104 (b) The board's telephone number shall be (603) 625-5471. Notes N.H. Admin. Code § Juv 105.01 (See Revision Note at chapter heading for Juv 100) #7842, eff 3-6-…

(a) The presiding officer of the board shall conduct parole hearings and revocation hearings. (b) The hearing officer shall conduct preliminary hearings. (c) The board and the hearing officer shall have access to all records of DHHS concerning committed juveniles. (d) All hearing…

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in Juv 200 shall begin with the day after the action which sets the time period in motion, and shall include the last day of the p…

(a) A party's representative shall file an appearance that includes the following: (1) A brief identification of the matter; (2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and (3) Th…

(a) The information submitted to the board pursuant to Juv 202.01(d) shall be available for review by the parties in a file maintained at the office of the board located at SYSC. (b) Any information or documents submitted to the board for consideration at a parole or revocation h…

(a) Documents shall be considered filed when they are received by the board or the hearing officer. (b) All documents filed with the board or the hearing officer shall be served on all parties either by hand-delivery or by first class United States mail, postage prepaid. Notes N.…

(a) Upon a hearing officer's or board member's own motion, or upon the motion or request of any party, a hearing officer or board member shall, for good cause or to avoid the appearance of impropriety or lack of impartiality, withdraw from any hearing governed by this chapter. (b…

(a) The board shall grant a continuance only for good cause. (b) Good cause shall exist when a witness, representative or party is unavailable to attend the hearing due to reasons beyond his or her control. Notes N.H. Admin. Code § Juv 201.07 (See Revision Note at chapter heading…

(a) A non-party may intervene in a matter pending before the board under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party qualifies as an intervenor under any provision of law. (b) If the presiding officer determines that such inte…

(a) Hearings shall not be open to the public, pursuant to RSA 169-B:34 and 35 and RSA 170-G:8-a. (b) The hearing officer or presiding officer shall exclude witnesses from the hearing room when they are not testifying if the presence of the witness in the hearing room will jeopard…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All documents, materials and objects offered in evidence as exhibits shall be included in the record of the hearing unless excluded by the hearing officer or presiding officer as irrelevant, immateri…