New Hampshire Administrative Code

(a) The presiding officer or the hearing officer, in their respective roles, upon their 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…

(a) The parties to a parole hearing shall include the committed juvenile, the juvenile's parent(s) or legal guardian(s), the juvenile's JPPO, and the commissioner. (b) The board shall provide written notice of the parole hearing to the parties at the time of the juvenile's admini…

(a) A preliminary hearing conducted by a hearing officer shall be held as promptly as possible after the juvenile parolee is returned pursuant to RSA 170-H:8, to the SYSC. (b) If the juvenile parolee is not returned to SYSC following the alleged violation of parole, a preliminary…

(a) Any juvenile parolee returned to the SYSC under the provisions of RSA 170-H:8 for whom a finding of probable cause has been made pursuant to Juv 202.02(i) shall have a revocation hearing within 10 business days of his/her return. (b) Any juvenile parolee who is not returned t…

(a) A motion for reconsideration shall be filed within 10 days of the date of the agency decision or order. (b) A motion for reconsideration shall: (1) Identify each area of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered; (2) Concisel…

A motion for reconsideration shall be granted only if: (a) Material evidence is presented with the motion for reconsideration which, despite due diligence, was not available at the time of the hearing; or (b) The party making the motion for reconsideration demonstrates that the b…

The purpose of this part is to provide a uniform procedure for the conduct of public hearings as which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking. Notes N.H. Admin. Code § Juv 204.01 (See Revision Note at…

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

(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 periods shall comply with RSA 541-A:6, …

(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 on 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 Juv…

(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 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 be afforded r…

(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending or repealing a rule by filing a written petition that contains: (1) A statement of the petitioner's request for the proposed rule; (2) The text of the proposed rule or a statement …

(a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board shall request additional data or argument from the petitioner or other interested persons to clarify the argument. (b) If the data or argument fails to support the petition, t…

(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition. (b) A petition for declaratory ruling shall also set forth the following information: (1) The exact ruling being requested; and (2) …

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received. (b) Upon review and consideration, the board shall within 90 days rule on the petitio…

(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. (b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after reconsid…

The commissioner shall provide notice to the board that a juvenile is eligible for parole pursuant to RSA 170-H:6 or RSA 621:19. Notes N.H. Admin. Code § Juv 301.01 (See Revision Note at chapter heading for Juv 300) #7844, eff 3-6-03, EXPIRED: 3-6-11 New. #9903, INTERIM, eff 4-16…

Pursuant to RSA 170-H:4, II, the board shall have legal custody of juvenile parolees until they receive a discharge or are recommitted to the custody of the commissioner. Notes N.H. Admin. Code § Juv 301.02 (See Revision Note at chapter heading for Juv 300) #7844, eff 3-6-03, EXP…

Juveniles paroled by the board shall conduct themselves in accordance with all of the following conditions: (a) The juvenile shall obey all laws and applicable rules; (b) The juvenile's behavior shall not be harmful to the juvenile's self, to any other individual, or to the juven…

(a) Upon violation by a juvenile parolee of any of the juvenile's conditions of parole, the juvenile shall be returned to the Sununu youth services center (SYSC) at the request of any JPPO or law enforcement official. (b) The commissioner shall notify the board of the return to t…

For juveniles subject to parole revocation proceedings, effective notice of the right to counsel and notice of statutory requirements regarding waiver of the right to counsel, shall be provided in a written notice by the juvenile parole board at the time of the preliminary hearin…

(a) Parole shall be revoked by the board if the juvenile parolee violates the conditions of the juvenile parolee's parole, except under the conditions specified in Juv 202.03(g). (b) Any juvenile parolee returned to the Sununu youth services center upon which a finding of probabl…

(a) Any juvenile whose parole is revoked shall be returned to the custody of the commissioner pursuant to RSA 170-H:11. (b) At any time prior to the juvenile's eighteenth birthday, unless jurisdiction exists or has been extended beyond age 18 pursuant to RSA 169-B:4, a juvenile s…

"Claim" means a right or entitlement, actual or supposed, to protection and benefits established by law and rule. Notes N.H. Admin. Code § Lab 101.01 (See Revision Note at part heading for Lab 101) #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3…

"Claimant" means a person who has a claim under the laws and rules administered by the department. Notes N.H. Admin. Code § Lab 101.02 (See Revision Note at part heading for Lab 101) #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #68…

"Commissioner" means the labor commissioner. Notes N.H. Admin. Code § Lab 101.03 (See Revision Note at part heading for Lab 101) #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6805-A, eff 7-18-98

"Department" means the New Hampshire department of labor. Notes N.H. Admin. Code § Lab 101.04 (See Revision Note at part heading for Lab 101) #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6805-A, eff 7-18-98

The department accounts to the general court as program appropriation units in the following organization: (a) The administration and support division provides administrative services and includes the office of the commissioner. (b) The commissioner provides executive direction o…

(a) To the extent allowed by law, the records and reports of the department may be examined, and copied at their own expense, by any interested persons at the department offices, 95 Pleasant Street, Concord, New Hampshire 03301 from 8:00 a.m. to 4:30 p.m. Monday through Friday on…

as used in RSA 276-A:5, I, means the guidelines set by the school district in New Hampshire in which the minor is enrolled. Notes N.H. Admin. Code § Lab 1001.01 (See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98 New. #7337, eff 8-2-00; EXPI…

as used in RSA 276-A:3, VII to define the term "casual work", means employment of no more than 3 calendar days for any one employer. Notes N.H. Admin. Code § Lab 1001.02 (See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98 New. #7337, eff 8-2…

as used in RSA 276-A:4, VI and VII, means any one of the following: (a) The youth is enrolled as a student in a school; (b) The youth is attending classes or enrolled in a program for the purpose of receiving a general equivalency diploma; or (c) The youth is currently being home…

as used in RSA 276-A:4 includes having obtained a New Hampshire High School Equivalency Certificate Notes N.H. Admin. Code § Lab 1001.04 #7337, eff 8-2-00; EXPIRED: 8-2-08 New. #9258, eff 9-11-08 Amended by Volume XXXV, Number 40, Filed October 8, 2015, Proposed by #10931, Effect…

as required by RSA 276-A: 5, means the document which is issued to a youth by a principal, or authorized representative, of a school in New Hampshire or by a parent or legal guardian of the youth upon the receipt of an Employer's Request for Child Labor Form and proof of age. Not…

(a) Under RSA 276-A: 4, II, no youth under the age of 16 shall be employed or permittedto work without first obtaining a youth employment certificate, except that he or she may work for his/her parents, grandparents, guardian, for casual work defined in RSA 276-A:3, VII or farm l…

(a) In accordance with RSA 276-A: 4, VIII, no youth 16 or 17 years of age, who has not graduated from high school or obtained a general equivalency diploma, shall be permitted to work without prior written authorization by the youth's parent or legal guardian. (b) The parental pe…

(a) As used in RSA 276-A: 4, IV the term "vacations" shall not include any week in which school is in session for one or more days. (b) Pursuant to RSA 276-A: 4, IV, no youth under 16 years of age shall work earlier than 7 o'clock a.m. or later than 9 o'clock p.m. (c) Pursuant to…

Under the authority of RSA 276-A:8, and in reference to the term hazardous occupation, as defined in RSA 276-A:3, V, employers shall comply with the following federal orders regulating youth employment in hazardous occupations: (a) The following standards and orders of the Child …

Notes N.H. Admin. Code § Lab 1004.01 - 1004.04 (See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98 New. #7337, eff 8-2-00; EXPIRED: 8-2-08 The amended version of this section by New Hampshire Register Volume 35, Number 40, eff.9/15/2015 is n…

"Existing boiler and pressure vessel installation" as used in RSA 157-A: 5 means any boiler or pressure vessel constructed, installed, placed in operation or contracted for before 1967. Notes N.H. Admin. Code § Lab 1201.01 (See Revision Note at chapter heading for Lab 1200) #5371…

"Hot water supply boiler" as used in RSA 157-A: 8, II (c) and RSA 157-A: 8, II (d) means a boiler used to heat water for purposes other than space heating. Notes N.H. Admin. Code § Lab 1201.02 Derived From Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11071, Effective …

"Hot Water heater" as used in RSA 157-A: 6, III (g), RSA 157-A: 6, III IV and RSA 157-A: 8, II (c) means a vessel in which potable water is heated by the combustion of fuel, by electricity, or by and other source, and withdrawn for external use. Notes N.H. Admin. Code § Lab 1201.…

Under the authority of RSA 157-A: 3, boilers and pressure vessels, as defined in RSA 157-A: 2, shall conform to the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, 2015 edition, as specified in Appendix II. Notes N.H. Admin. Code § Lab 1202.01 (See Revis…

Under authority of RSA 157-A: 3, boilers and pressure vessels, as defined in RSA 157-A: 2, shall be inspected in accordance with the National Board Inspection Code, Part 2, Inspections and Part 3, Repairs and Alterations 2015 edition, as specified in Appendix II, including 1999 E…

A group of low pressure boilers, operating as a single unit with a common header and with no isolation valves, shall be considered as one unit for registration purposes only and tagged with one New Hampshire jurisdiction identification number. Notes N.H. Admin. Code § Lab 1203.01…

All repairs and alterations to boilers and pressure vessels shall be made in accordance with the National Board Inspection Code adopted under Lab 1202.02. Notes N.H. Admin. Code § Lab 1203.02 (See Revision Note at chapter heading for Lab 1200) #5371, eff 4-10-92, EXPIRED: 4-10-98…