CHAPTER Adm 200 PROCEDURAL RULES
PART Adm 201 DEFINITIONS
Adm 201.01 Definitions.
(a) “Adjudicative proceeding” means “adjudicative
proceeding” as defined in RSA 541-A: 1, I, namely “the procedure to be followed
in contested cases, as set forth in RSA 541-A: 31 through RSA 541-A: 36.”
(b) “Appearance" means a written
notification to the department that a party, an intervenor or the
representative of a party or intervenor intends to actively participate in an
adjudicative proceeding, containing the information required by Adm 207.02.
(c) “Commissioner” means the commissioner of the
department of administrative services.
(d) "Contested case" means
"contested case" as defined in RSA 541-A: 1, IV, namely, "a
proceeding in which the legal rights, duties, or privileges of a party are
required by law to be determined by an agency after notice and an opportunity
for hearing."
(e) “Declaratory ruling" means, pursuant to
RSA 541-A: 1, V, a ruling by the department as to the specific applicability of
any statutory provision or of any rule or order of the department.
(f) “Department” means the department of
administrative services.
(g) "Intervenor" means a person without
the status of a party but participating in an adjudicative proceeding to the extent
permitted by the presiding officer acting pursuant to RSA 541-A: 32.
(h) "Motion" means a request to the
presiding officer for an order or ruling directing some act to be done in favor
of the proponent of the motion, including a statement of justification or
reasons for the request.
(i) "Order" means, pursuant to RSA
541-A: 1, XI, the whole or part of the department's final disposition of a
matter other than a rule, but not including the department's decision to
initiate, postpone, investigate or process any matter, or to issue a complaint
or citation.
(j) "Party" means "party" as
defined by RSA 541-A: 1, XII, namely, "each person or agency named or
admitted as a party, or properly seeking and entitled as a right to be admitted
as a party."
(k) "Person" means any individual,
partnership, corporation, association, governmental subdivision or public or
private organization of any type.
(l) "Presiding officer" means, pursuant
to RSA 541-A: 1, XIV, that individual to whom the commissioner has delegated
the authority to preside over a proceeding, if any, otherwise it means the
commissioner.
(m) "Proof by a preponderance of the
evidence" means a demonstration by admissible evidence that a fact or
legal conclusion is more probably true than not.
(n) “Public comment hearing” means a proceeding
held pursuant to RSA 541-A: 11.
(o) "Record" means, in a contested
case, the materials set forth in RSA 541-A: 31, VI.
(p) “Rulemaking petition” means a petition made
pursuant to RSA 541-A: 4, I.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
PART Adm 202 PURPOSE, SCOPE AND CONSTRUCTION OF RULES
Adm 202.01 Purpose. This chapter establishes procedural rules for
the conduct of certain hearings and proceedings before the department,
including certain adjudicative proceedings in contested cases and
nonadjudicative proceedings such as public comment hearings, rulemaking petitions
and issuance of declaratory rulings.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 202.02 Scope.
(a) This chapter shall apply to matters arising
before the department, with the exception that these rules shall not apply to
division of personnel appeals or to matters which are to be addressed by the
division of personnel pursuant to Chapters Per 100 through 1500.
(b) In matters arising pursuant to Part Adm 609,
the procedures of Adm Parts 203 – 211 shall apply after the utilization of
pre-adjudicative proceeding procedures specified in Part Adm 609.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 202.03 Construction of Rules. Parts Adm 203 - Adm 211 shall be construed so
as to foster the just, accurate and efficient resolution of all disputes in
accordance with applicable law, including but not limited to the provisions of
RSA 541-A: 31 – 38.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
PART Adm 203 CONDUCT OF HEARINGS BY PRESIDING OFFICER;
WAIVER OF RULES
Adm 203.01 Presiding Officer.
(a) Hearings shall be conducted by a presiding officer
designated by the commissioner.
(b) The presiding officer shall, as necessary:
(1) Regulate and control the course of the
hearing and any related conferences;
(2) Pursuant to RSA 541-A: 31, V. (a) and RSA
541-A: 38, facilitate settlement of the dispute that is the subject of the
hearing;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence and exclude
irrelevant, immaterial, unduly repetitious or otherwise inadmissible evidence;
(5) Rule on procedural requests at the request of
a party or intervenor or on the presiding officer's own motion;
(6) Question anyone who testifies or presents
argument to the extent required to make a full and fair record;
(7) Arrange for recording the hearing as
specified in RSA 541-A: 31, VII;
(8) Schedule and structure such conferences and
hearings as are necessary to advance the proceeding or resolve matters or
issues related to the proceeding;
(9) Issue such lawful orders as are necessary to advance
the proceeding or resolve matters or issues related to the proceeding;
(10) Evaluate evidence and make such factual
findings or legal rulings as may be necessary;
(11) In accordance with RSA 541-A: 33, V, and to
the extent necessary, take official notice of facts that are common knowledge;
(12) Take any other action consistent with
applicable statutes, rules and case law that is necessary to conduct the
hearing, advance the proceeding, resolve matters or issues related to the
proceeding and complete the record in a fair and timely manner.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 203.02 Withdrawal of Presiding
Officer.
(a) Upon his or her own initiative or upon the
motion of any party or intervenor, the presiding officer shall withdraw from
any adjudicative proceeding for good cause.
(b) Good cause shall exist if the presiding
officer:
(1) Has a direct interest in the outcome of the
matter, including but not limited to a financial or family relationship with
any party or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes that:
a. He or she cannot fairly or accurately judge
the facts of the case; or
b. His or her involvement in the matter would,
under all of the circumstances, create an impression of bias.
(c) Mere knowledge of the issues involved in the
matter, acquaintance with any party, intervenor, witness or representative, or
employment by the department shall not constitute good cause for withdrawal.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 203.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
the motion of any party or intervenor, or on his or her own initiative, shall
suspend or waive any requirement or limitation imposed by this chapter when the
suspension or waiver:
(a) Appears to be lawful; and
(b) Is more likely to promote the just, accurate
and efficient resolution of the pending dispute in accordance with the law than
would adherence to the particular requirement or procedure.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
PART Adm 204 TIME PERIODS
Adm 204.01 Computation of Time.
(a) Unless otherwise specified, the unit of time
for time periods referenced in this chapter shall be calendar days.
(b) Computation of any period of time referred to
in this chapter shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.
(c) Unless otherwise specified in these rules or by
other applicable law relating to the period in which an action must be
performed, if the last day of the period so computed falls on a Saturday,
Sunday or a legal holiday, then the time period shall be extended to include
the first business day following the Saturday, Sunday or legal holiday.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
PART Adm 205 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Adm 205.01 Date of Issuance or Filing.
(a) All written documents governed by this
chapter shall be rebuttably presumed to have been issued on the date noted on
the document.
(b) All written documents governed by this
chapter shall be rebuttably presumed to have been filed with the department on
the date of receipt, if evidenced by a date placed on the document by the
presiding officer or staff of the department in the normal course of business.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 205.02 Format of Documents.
(a) All correspondence, pleadings, motions or
other documents filed shall:
(1) Include the title and docket number of the
case, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document,
or, if the proponent appears by a representative, by the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties and intervenors in compliance
with Adm 205.03.
(b) The signature of a party or intervenor or the
representative of the party or the intervenor on a document filed shall
constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer's knowledge,
information and belief there are good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 205.03 Delivery of
Documents.
(a) Unless otherwise specified by order of the
presiding officer:
(1) Copies of all motions, exhibits, memoranda, or
other documents filed by any party or intervenor shall be delivered by that
party or intervenor to the presiding officer and to all other parties and
intervenors, or their representatives, if any, unless disclosure of the
material at issue, or a portion thereof, or disclosure to a particular
recipient, would be prohibited by law; and
(2) All notices, orders, decisions or other
documents issued by the presiding officer shall be delivered to all parties and
intervenors, or their representatives, if any, unless the disclosure of the
material at issue, or a portion thereof, would be prohibited by law.
(b) Where delivery of only a portion of an item
noted in paragraph (a) above would be prohibited by law, the material shall be
redacted accordingly.
(c) Delivery of documents relating to a
proceeding shall be made either in hand or by depositing into the
(1) The name of the person intended to
receive the document;
(2) The full address, including zip code, last
provided to the department;
(3) The return address of the sender; and
(4) Sufficient, prepaid first class postage.
(d) In lieu of or in addition to the form of
delivery noted in paragraph (c) above, delivery of documents relating to a
proceeding may be accomplished by certified or registered mail bearing the name
and last known address of the person intended to receive the document.
(e) Documents deposited into the
(f) When a party or intervenor appears through a
representative, delivery of a document to the party's or the intervenor’s
representative, either in hand or by delivery to the address stated on the
appearance filed by the representative, utilizing one or more of the methods of
delivery described above, shall constitute delivery to the party or intervenor.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
PART Adm 206 MOTIONS AND
OBJECTIONS
Adm 206.01 Motions; Objections to Motions; Ruling on
Motions.
(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 based on information that was not received in
time to prepare a written motion.
(b) Oral motions and any oral objections to such
motions shall be recorded in full in the record of the hearing. If the
presiding officer finds that the motion requires additional information in
order to be fully and fairly considered, the presiding officer shall direct the
proponent to submit the motion in writing and provide supporting information.
(c) Unless otherwise ordered by the presiding
officer, objections to written motions shall be filed within 10 days of
the date of the motion, or in the case of motions for rehearing under Adm 211.08,
within 5 days of the date of the motion.
(d) Failure by an opposing party or an intervenor
to object to a motion shall not in and of itself constitute grounds for
granting the motion.
(e) When the presiding officer concludes that it
is necessary to obtain additional information or to clarify an issue relating
to the motion, he or she shall hold a hearing on the motion.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
PART Adm 207 COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS;
APPEARANCES; PRE-HEARING AND OTHER CONFERENCES; RECORDING THE HEARING; CONDUCT
OF PARTIES, INTERVENORS AND REPRESENTATIVES; EX PARTE COMMUNICATIONS
Adm 207.01 Commencement of Adjudicative Proceedings.
(a) Petitions to commence an adjudicative
proceeding shall:
(1) Be in legible written form;
(2) Be addressed to the commissioner;
(3) Be delivered to the Office of the Commissioner,
Department of Administrative Services, Room 120,
(4) State the name and address of the individual
petitioner or, if the request is that of an organization or other entity, the
identity of such organization or entity and the name and address of the
representative authorized by the entity to file the petition;
(5) Cite the particular statutes, rules or other
authority in question;
(6) Explain the nature of the grievance and why
an adjudicative proceeding is necessary;
(7) Describe the relief which the petitioner is
seeking; and
(8) Be signed and dated by the petitioner.
(b) Petitions shall be handled in accordance with
RSA 541-A: 29.
(c) An adjudicative proceeding shall be commenced
by an order of the presiding officer giving the parties the notice specified in
(d) below.
(d) The notice of hearing shall contain:
(1) The title and docket number of the matter;
(2) The names and addresses
of the parties;
(3) A statement of the nature of the hearing;
(4) The date, time and place of the hearing;
(5) The final date for the mandatory pre-hearing
disclosure of witnesses and exhibits pursuant to Adm 210.03, which date shall
be no less than 5 days before the hearing;
(6) A statement of the legal authority under
which the hearing is to be held;
(7) A reference to the applicable statutes and
rules;
(8) A statement of how the rules which will apply
to the conduct of the hearing may be obtained;
(9) A short and plain statement of the issues
presented;
(10) A statement that all parties and intervenors,
or their representatives, shall file an appearance pursuant to Adm 207.02;
(11) A statement that each party has the right to
representation by an attorney at the party’s own expense;
(12) The name of the presiding officer, if known;
(13) The date, time and location of any prehearing
conference, if known; and
(14) Any additional information required by RSA
541-A: 31, III.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 207.02 Appearances.
(a) An appearance shall be filed by:
(1) Each party or by the party's representative,
including the person who will appear on behalf of the department or its
subunit; and
(2) Each intervenor or the intervenor's
representative, if any.
(b) The appearance shall contain the following
information:
(1) A brief identification of the case, including
the title and docket number, if any;
(2) The name of the person filing the appearance;
(3) Whether the person filing the appearance is a
(4) The daytime address and telephone number of
the person filing the appearance; and
(5) If applicable, the name, daytime address and
telephone number of the party or intervenor represented by the person filing
the appearance.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 207.03 Prehearing and Other Conferences.
(a) A prehearing or other conference shall be
scheduled on the request of any party or intervenor, or on the initiative of
the presiding officer, if the presiding officer concludes that to do so would
facilitate the proceedings or encourage resolution of the dispute.
(b) A prehearing or other conference shall address
one or more of the following:
(1) Offers of settlement;
(2) Simplification of the issues;
(3) Stipulations or admissions as to issues of
fact or proof;
(4) Limitations on the number of witnesses;
(5) Changes to standard hearing procedures;
(6) Consolidation of examination of witnesses;
and
(7) Any other matters that would advance the
efficiency of, or aid in the disposition of, the proceedings.
(c) Pursuant to RSA 541-A: 31, V. (d), following
a prehearing conference the presiding officer shall issue a prehearing order
addressing matters determined at the conference.
(d) The presiding officer shall cause prehearing
or other conferences to be recorded verbatim and a party may request a copy of
the recording provided that he or she pays the actual cost of such
transcription.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 207.04 Recording the Hearing.
(a) Unless another procedure is required by law,
the presiding officer shall record the hearing electronically or by any other
method that will provide a verbatim record.
(b) If any person requests a transcript of the
recording of a hearing, the department shall:
(1) Cause a transcript to be prepared, provided
that, in accordance with RSA 541-A: 31, VII, the person making the request pays
or agrees to pay all reasonable costs for the making of the transcription; and
(2) Following receipt of payment for the cost of
making the transcription, provide a copy of the transcript to the person making
the request.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 207.05 Conduct of Parties, Intervenors and
Representatives.
(a) Parties, intervenors and representatives of parties
or intervenors shall treat the process and all other participants, including
the presiding officer, witnesses, parties, intervenors and representatives,
with respect and fairness.
(b) Parties, intervenors and representatives
shall not:
(1) Make a claim or assertion unless there is
admissible evidence to support that claim or assertion;
(2) Knowingly dispute a claim or assertion of
another person unless there is a reason to do so that is supported by
admissible evidence or argument;
(3) Personally, or through another person, make a
false or misleading statement of material fact or law;
(4) Personally, or through another, knowingly
conceal, destroy or preclude or delay access to evidence which is relevant to
the proceeding;
(5) Knowingly attempt to introduce evidence which
is not relevant to, or admissible in, the proceeding;
(6) Assert personal knowledge of facts at issue
unless appearing as a witness;
(7) Offer opinion as to matters at issue except in
opening or closing statements, when testifying as an expert witness or as
otherwise allowed by the presiding officer in the particular case;
(8) Attempt to influence the presiding officer on
an ex parte basis;
(9) Engage in disruptive behavior during the
course of a proceeding, including but not limited to:
a. Making frivolous claims or motions;
b. Using tactics that have no purpose other than
to embarrass, burden or offend any participant;
c. Speaking when another person who has been
recognized by the chair is attempting to speak;
d. Speaking or acting in a manner that is
abusive to other persons; or
e. Attempting to delay the proceedings solely
for the sake of delay; or
(10) Directly contacting, outside of the presence
of the representative, a party or intervenor who is known at that time to be
represented in the proceeding, unless the contact has been agreed to by the
representative.
(c) Persons representing parties or intervenors in
adjudicative proceedings who are not members of the New Hampshire Bar shall
not, pursuant to RSA 311:7, commonly practice in such proceedings and,
accordingly shall not act as a representative for another in more than 3
proceedings in any 2 year period.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 207.06 Ex Parte Communications. Parties, intervenors and representatives
shall not engage in ex parte communications prohibited by RSA 541-A: 36.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
Adm 207.07 Oaths and Affirmations. Pursuant to RSA 541-A: 33, I, the presiding
officer shall administer an oath or affirmation to all persons who wish to
present testimony.
Source. #2235, eff 12-30-82; ss by #3032, eff
5-31-85, EXPIRED: 5-31-91
New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07
PART Adm 208 INTERVENTION; ROLE OF AGENCY STAFF
Adm 208.01 Intervention Procedure.
(a) Petitions for intervention shall:
(1) Describe in writing the petitioner's interest
in the subject matter of the proceedings;
(2) Be submitted to the presiding officer; and
(3) Be delivered in copy to all parties and
intervenors identified in the notice commencing the hearing.
(b) In accordance with RSA 541-A: 32, a petition
for intervention shall be granted by the presiding officer if the petitioner
complied with paragraph (a) above at least 3 days before the hearing and the
presiding officer determines that:
(1) The petition states facts demonstrating that
the petitioner's rights, duties, privileges, immunities or other substantial
interests might be affected by the proceedings or the petitioner qualifies as
an intervenor under law; and
(2) The intervention sought would not impair the
interests of justice and the orderly and prompt conduct of the proceedings.
(c) The presiding officer shall grant a petition
for intervention at any time if:
(1) The petitioner complied with (a) above; and
(2) The presiding officer determines that the
intervention sought would be in the interests of justice and would not impair
the orderly and prompt conduct of the proceedings.
Source. #7720, eff 6-27-02; ss by #8908, eff 9-22-07
Adm 208.02 Effect of Intervention and Rights of an
Intervenor.
(a) Approval of intervention by the presiding
officer shall apply only to the proceeding in which the petition for
intervention was granted.
(b) Notwithstanding the provisions of this chapter,
an intervenor’s right to participate in an adjudicative proceeding shall be
subject to any limitations or conditions imposed by the presiding officer
pursuant to RSA 541-A: 32, III.
(c) An intervenor shall take the proceedings as
he or she finds them and no portion of the proceeding shall be repeated based
solely upon the fact that an intervention has occurred.
Source. #7720, eff 6-27-02; ss by #8908, eff 9-22-07
Adm 208.03 Role of Agency Staff and Complainants.
(a) Personnel identified as the agency’s
representative in the proceeding shall be responsible for presenting the
agency’s case, whether or not he or she appears as a witness.
(b) If not identified as the agency’s
representative in the proceeding, agency staff shall have no role in the
hearing unless:
(1) Designated as the presiding officer;
(2) Assigned to render clerical or administrative
support in connection with the proceeding; or
(3) Called as a witness.
(c) Unless called as a witness, granted
intervenor status or a party to a dispute, a complainant shall have no role in
a disciplinary or enforcement proceeding.
Source.
#8908, eff 9-22-07
PART Adm 209 CONTINUANCES AND FAILURE TO ATTEND HEARING
Adm 209.01 Continuances.
(a) Any party or intervenor may make an oral or
written motion that a hearing be delayed or continued to a later date or time.
(b) A motion for a delay or a continuance shall
be granted if the presiding officer determines that a delay or continuance
would likely assist in resolving the case fairly, such as by allowing for the
presence of a necessary party or witness who was unavoidably unavailable, and
would not be contrary to law.
(c) If the later date, time and place to which
the hearing will be delayed or continued are known at the time of ruling on a
motion, the information shall be stated on the record. If the later date, time
and place are not known at that time, the presiding officer shall as soon as
practicable issue a written scheduling order stating the date, time and place
of the delayed or continued hearing.
Source.
#8908, eff 9-22-07
Adm 209.02 Failure of a Party to Attend or
Participate in the Hearing.
(a) A party shall be in default if the party:
(1) Has the burden of proof on the issue or
issues involved in the hearing;
(2) Has been given notice of the hearing; and
(3) Fails to attend the hearing.
(b) If a party is in default under (a) above and
does not file a request that the default be stricken within 10 days of the date
of the notice of default, the case shall be dismissed.
(c) If a party is in default under (a) above, the
presiding officer shall issue an order of default which:
(1) Is dated;
(2) States that the party is in default and why;
(3) States that the matter will be dismissed
unless:
a. The party submits a motion to strike the
default within 10 days of the date of the order of default; and
b. The presiding officer determines that the
motion should be granted.
(d) The presiding officer shall strike a default
that has been entered under (a) above if:
(1) The party in default moves that the default
be stricken within 10 days of the date of the order of default;
(2) The presiding officer concludes that the
failure to appear was due to sudden accident, death of a family member or
similar circumstance that was:
a. Beyond the control of the party; and
b. Of such a nature as to have prevented the
party from appearing.
(e) Notwithstanding paragraph (d) above:
(1) A default shall not be stricken if the motion
to strike is based upon the same facts and reasons previously expressed in a
motion to continue the hearing which was denied; and
(2) The 10 day period for the filing of a motion
to strike may be extended if the presiding officer concludes that circumstances
beyond the control of the applicant prevented filing within the requisite time.
(f) If a party who does not have the overall
burden of proof fails to attend the hearing after having been given notice
thereof, the testimony and evidence of any other parties or intervenors shall be
received and evaluated.
(g) If a party who has the burden of proof
attends the hearing but fails to participate by presenting evidence or
argument, a decision shall be entered against that party.
Source.
#8908, eff 9-22-07
PART Adm 210 REQUESTS FOR INFORMATION AND DOCUMENTS
Adm 210.01 Voluntary Production of Information.
(a) Each party and intervenor shall attempt in
good faith to make complete and timely response to requests for the voluntary
production of information and documents relevant to the hearing.
(b) When a dispute arises concerning a request
for the voluntary production of information or documents, any party or
intervenor may file a motion under Adm 210.02 to compel the production of the
requested information or documents.
Source.
#8908, eff 9-22-07
Adm 210.02 Motions to Compel Production of
Information and Documents.
(a) Any party or intervenor may make a motion seeking
an order for compliance with an information or document request. 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 the hearing if such notice is
issued less than 30 days in advance of the hearing.
(b) The motion to compel shall:
(1) Set forth in detail those facts which justify
the request for information or documents; and
(2) List with specificity the information or
documents being sought.
(c) Objections to motions to compel shall be
filed within 10 days of the delivery of the motion, or as soon as possible
prior to the hearing if the motion was received less than 10 days before the
hearing.
(d) The presiding officer shall grant the motion
to compel if its proponent has demonstrated that:
(1) An order for compliance is necessary for a
full and fair presentation of evidence at the hearing; and
(2) The disclosure is not otherwise prohibited by
law or by rules of privilege recognized in the state of
(e) The presiding officer shall take such action
in regard to a failure to comply with an order for compliance as he or she may
take for a failure to make mandatory disclosures under Adm 210.03 (e).
Source.
#8908, eff 9-22-07
Adm 210.03 Mandatory Pre-Hearing Disclosure of
Witnesses and Exhibits.
(a) At least 5 days before the hearing, the parties
and intervenors, or their representatives, shall provide to the other parties
and intervenors or their representatives:
(1) A list of all witnesses to be called at the
hearing, containing the names of the witnesses, their addresses and their telephone
numbers;
(2) Brief summaries of the testimony of the
witnesses to be called;
(3) A list of documents and other exhibits to be
offered as evidence at the hearing;
(4) A copy of each document to be offered as
evidence at the hearing, except to the extent that disclosure of some or all of
a document would be prohibited by law, in which case such document may be
withheld or redacted as required; and
(5) An offer to allow the inspection of
non-documentary exhibits to be offered as evidence at the hearing either:
a. At a time and in a place
that is convenient to the parties and intervernors; or
b. At a place that is convenient to the place of
the hearing, at a convenient time prior to the hearing.
(b) At least 5 days before the hearing, the parties
and intervenors shall provide to the presiding officer the items listed in
subparagraphs (a) (1), (2) and (3) above.
(c) To the extent known to exist prior to the
time of a hearing, disputes regarding mandatory disclosures shall be presented
to the presiding officer in advance of the hearing.
(d) A party or intervenor shall not be required
to call a witness, or to submit a document or exhibit, simply because that
document or witness was listed on his or her mandatory disclosure, but such
witnesses and documents shall be available for utilization by other parties,
intervenors and the presiding officer at the time of the hearing.
(e) The presiding officer shall take such action
in regard to a failure to comply with mandatory disclosure requirements as he
or she concludes is required for the just, accurate and efficient resolution of
the case, such as:
(1) Exclusion of some or all of the testimony,
document or exhibit from evidence;
(2) Admission of some or all of the testimony,
document or exhibit into evidence;
(3) Admission of the testimony, document or
exhibit into evidence with limitations;
(4) Allowance of another party or intervenor to
submit testimony, documents or exhibits not contained or described in his or
her prehearing disclosures;
(5) Allowance of a party or intervenor to recall
a witness;
(6) Postponement or delay of the hearing; or
(7) Any other action not prohibited by law that
would advance the just, accurate and efficient resolution of the matter.
Source. #8908, eff 9-22-07
PART Adm 211 HEARING PROCEDURE
Adm 211.01 Standard and Burden of Proof. A party or intervenor claiming that an action
or inaction of the agency is invalid, improper or contrary to law shall bear
the burden of proving that proposition by a preponderance of the evidence,
unless another standard or burden is imposed by law.
Source.
#8908, eff 9-22-07
Adm 211.02 Order of Testimony; Cross-Examination.
(a) Any individual offering testimony, evidence
or argument shall state for the record his or her name and role in the hearing.
If the individual is representing another person, the person being represented
shall also be identified.
(b) Testimony on behalf of the parties shall be
offered in the following order:
(1) The testimony of the party or parties bearing
the overall burden of proof and such witnesses as such party or parties may
call; and
(2) Thereafter, the testimony of the party or
parties opposing the party who bears the overall burden of proof and such
witnesses as such party or parties may call.
(c) The testimony of intervenors and such witnesses
as intervenors may be allowed to call shall be offered at the time directed by
the presiding officer.
(d) Each party may cross-examine any witnesses
offered against that party.
(e) The presiding officer shall call witnesses
not called by the parties if their testimony is required for a full and fair
adjudication of the issues.
(f) Pursuant to RSA 541-A: 32, III, the right of
an intervenor to cross-examine witnesses and to use the other procedures of
participation accorded to parties shall be determined by the presiding officer.
(g) The presiding officer shall allow such
redirect examination, recross examination, opening and closing argument or
summation as he or she concludes will advance the just, accurate and efficient
resolution of the case.
Source.
#8908, eff 9-22-07
Adm 211.03 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A: 33.
(b) Rules of privilege recognized under the laws
of the state of
(c) All documents, materials and objects offered
as exhibits shall be admitted into evidence unless excluded by the presiding
officer as irrelevant, immaterial, unduly repetitious, legally privileged, or
subject to exclusion under Adm Part 210.
(d) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.
(e) Transcripts of testimony as well as
documents, materials and objects admitted into evidence shall be public records
unless all or part is exempt from disclosure under RSA 91-A or other applicable
statutory or case law.
(f) Parties and intervenors submitting testimony,
documents, materials and objects which they believe to be exempt from
disclosure under RSA 91-A: 5 or other applicable statutory or case law shall so
advise the presiding officer.
Source.
#8908, eff 9-22-07
Adm 211.04 Proposed Findings of Fact and Rulings of
Law.
(a) Any party or intervenor may submit proposed
findings of fact and rulings of law.
(b) Each proposed finding of fact and ruling of
law shall be numbered.
(c) The presiding officer shall require the
submission of proposed findings of fact and rulings of law, and specify a
deadline after the close of the hearing for their submission, when:
(1) Any party or intervenor has requested such
action; or
(2) The presiding officer determines that
proposed findings of fact and rulings of law would serve to clarify the issues
involved in the hearing.
(c) In any case where a party or intervenor
submits proposed findings of fact and rulings of law, the presiding officer shall
include in the presiding officer's decision rulings on the proposals submitted.
Source.
#8908, eff 9-22-07
Adm 211.05 Closing the Record. After the conclusion of the hearing and the
filing of such post-hearing submissions as may be ordered by the presiding
officer, the record shall be closed and no additional evidence shall be
received into the record except as allowed by Adm 211.06.
Source.
#8908, eff 9-22-07
Adm 211.06 Reopening the Record.
(a) If no decision pursuant to Adm 211.07 (a) has
yet been issued, any party or intervenor may move to reopen the record for the
inclusion in the record of specified evidence or claims of law.
(b) A motion pursuant to (a) above shall be
granted if:
(1) There is no objection from any other party or
intervenor;
(2) The evidence sought to be included in the
record was not available at the time of the hearing or the claim of law was
inadvertently, and without fault on the part of the person making the claim,
omitted; and
(3) The presiding officer determines that the
evidence or claim of law is relevant, material and non-duplicative and its inclusion
in the record is necessary to a full and fair consideration of the issues to be
decided.
(c) If there is an objection from a party or
intervenor to a motion made pursuant to (a) above, the hearing shall be
reopened for the purpose of receiving evidence, permitting cross-examination
and permitting argument on the issue of whether the record should be reopened.
(d) The presiding officer shall grant a motion
made pursuant to (a) above if, after the reopened hearing described in (c)
above, the presiding officer determines that:
(1) The evidence sought to be included in the
record was not available at the time of the hearing or the claim of law was
inadvertently, and without fault on the part of the person making the claim,
omitted;
(2) The evidence or claim of law is relevant,
material and non-duplicative; and
(3) The inclusion of the material in the record
is necessary to a full and fair consideration of the issues to be decided.
(e) If the presiding officer permits the
reopening of the record for the admission of specified evidence or claim of
law, the presiding officer shall extend the hearing reopened pursuant to (c)
for the purpose of receiving evidence, permitting cross-examination and
permitting argument on the substance of the evidence or on the claim of law.
Source.
#8908, eff 9-22-07
Adm 211.07 Disposition.
(a) No later than 60 days after the record has
been closed, the presiding officer shall:
(1) Issue a dated, written decision in accordance
with paragraph (b) below;
(2) Provide, by means of
a. The parties;
b. Intervenors; and
c. The commissioner, if the commissioner was not
the presiding officer;
(3) If the commissioner was not the presiding
officer, on the date of the decision, provide, forward or make available to the
commissioner the materials constituting the record, as described in RSA 541-A:
31, VI.
(b) The presiding officer’s decision shall:
(1) Be in writing;
(2) Be dated;
(3) Set forth the reason or reasons for the
determination; and
(4) Contain, in narrative or individually numbered
form, such findings of fact and rulings of law as are necessary to the
determination.
Source.
#8908, eff 9-22-07
Adm 211.08 Requests for Rehearing.
(a) No later than 30 days from the date appearing
on the decision, a party may file with the commissioner a request for
rehearing.
(b) Requests for rehearing shall:
(1) Be in a written motion addressed to the
commissioner;
(2) Be delivered to the following persons by
either
a. The commissioner;
b. Other parties;
c. Intervenors; and
d. If the presiding officer was not the
commissioner, the presiding officer;
(3) Specify all grounds upon which it is claimed
that the decision is unlawful or unreasonable; and
(4) Identify the issues to be addressed upon
rehearing.
Source.
#8908, eff 9-22-07
Adm 211.09 Commissioner’s Review.
(a) If a request for rehearing is filed within 30
days of the date of the presiding officer’s decision, the commissioner shall,
within 10 days of the receipt of the request, grant rehearing, as further
specified in paragraphs (c) through (e) below, if it appears from the record
that:
(1) The decision was unlawful or unreasonable;
and
(2) Receipt of additional information, argument
or analysis is necessary to reach a decision that is lawful and reasonable.
(b) Whether or not a request for rehearing is
filed within 30 days of the date of the presiding officer’s decision, the
commissioner shall, within 40 days of the date of the decision either:
(1) Reverse, modify or amend the decision without
rehearing if he or she concludes that the record establishes that:
a. The presiding officer incorrectly assessed
the evidence, misapplied the relevant law, or otherwise issued a decision that
was unlawful or unreasonable; and
b. Reversal, modification or amendment of the
decision in a specific manner without receiving additional information or
argument would correct the error;
(2) Order rehearing before the commissioner if he
or she concludes:
a. That either:
1. Additional information,
argument or analysis is necessary to reach a lawful and reasonable
determination of the matter; or
2. The record fails to provide a reasonable
basis for evaluating the evidence; and
b. The information, argument or analysis
required would most efficiently be obtained by rehearing before the
commissioner;
(3) Order rehearing before a presiding officer
other than the commissioner, if the commissioner concludes:
a. That either:
1. Additional information, argument or
analysis is necessary to reach a lawful and reasonable determination of the
matter; or
2. The
record fails to provide a reasonable basis for evaluating the evidence; and
b. The information, argument or analysis
required would most efficiently be obtained by rehearing before a presiding officer
other than the commissioner; or
(4) Affirm the decision.
(c) A rehearing that is granted under paragraph
(a) above shall be:
(1) Held before the commissioner him or herself
if the commissioner concludes that the information, argument or analysis
required would most efficiently be obtained by rehearing before the
commissioner; or
(2) Held before a presiding officer other than
the commissioner if the commissioner concludes that the information, argument
or analysis required would most efficiently be obtained by rehearing before a
presiding officer other than the commissioner.
(d) If a rehearing is granted by the
commissioner, the commissioner shall state in the order granting rehearing
whether the rehearing will be held before the commissioner or before another
presiding officer.
(e) The commissioner shall provide a copy of his
or her decisions on requests for rehearings, decisions affirming, reversing,
modifying or amending a decision, or ordering rehearing, to the parties,
intervenors and the presiding officer by either U.S. first class mail,
certified mail, registered mail or personal delivery.
(f) If no request for rehearing has been filed
within 30 days of the date of the presiding officer’s decision and no further
action has been taken by the commissioner within 40 days of the date of the
that decision, the decision shall be deemed affirmed by the commissioner and
shall constitute the final determination of the department.
Source.
#8908, eff 9-22-07
Adm 211.10 Retention of Decisions. The department shall keep all final decisions
in its records for at least 5 years following the dates of issuance, unless the
director of the division of records management and archives of the department
of state sets a different retention period pursuant to rules adopted under RSA
5:40.
Source.
#8908, eff 9-22-07
PART Adm 212 RULEMAKING
Adm 212.01 Petitions for Rulemaking.
(a) Pursuant to RSA 541-A:4, any person may
petition the commissioner to adopt, amend, or repeal a rule.
(b) The petition shall:
(1) Be in legible written form;
(2) Be addressed to the commissioner;
(3) Be delivered to the Office of the
Commissioner, Department of Administrative Services, Room 120,
(4) Be signed and dated by the petitioner; and
(5) State at a minimum:
a. The name and address of the individual
petitioner or, if the request is that of an organization or other entity, the
identity of such organization or entity and the name and address of the
representative authorized by the entity to file the petition;
b. The purpose of the petition, whether the
adoption, amendment or repeal of a rule;
c. If amendment or repeal of a rule is sought,
the specific section numbers and the precise text of the existing rule or rules
that the petitioner seeks to amend or delete;
d. If amendment or adoption of a rule is sought,
the specific section number or numbers at issue, or the new section number or
numbers proposed, and the precise new language proposed;
e. Reference to the statutory provision that
authorizes or supports the rulemaking;
f. The reason or reasons that the petitioner
believes that the amendment or repeal should be made or the proposed text
adopted;
(c) Within 15 days of the receipt of a request for
rulemaking, the commissioner shall notify the petitioner if the petition is
incomplete or if additional information is required in order to reach a
determination on the petition.
(d) If, within 15 days of the issuance of a
notification under (c) above, the petitioner does not submit a completed
petition or the information, if any, requested, the commissioner shall deny the
petition.
(e) The commissioner shall respond to a completed
petition within 30 days by either denying the petition in writing and stating
the reasons for the denial or by initiating a rulemaking proceeding under RSA
541-A: 4.
(f) In accordance with the commissioner’s duties
and authority under RSA 21-I: 13, I; RSA 21-G: 9, II (b); RSA 541-A: 16, I (c)
and RSA 21-G: 9, II (e), the petition shall be denied unless the commissioner
concludes that:
(1) It is within the department’s authority to
take the action requested;
(2) The requested action is consistent with
statutory and case law affecting the department; and
(3) The requested action would best implement the
laws affecting the department or be desirable in order to fulfill the functions
of the department in accordance with the law.
(g) The denial of a petition for rulemaking shall
not entitle the petitioner to a hearing.
Source.
#8908, eff 9-22-07
PART Adm 213 PUBLIC COMMENT HEARINGS
Adm 213.01 Purpose. The purpose of this part is to provide uniform
procedures for the conduct of public comment hearings held pursuant to RSA
541-A: 11.
Source.
#8908, eff 9-22-07
Adm 213.02 Public Access and Participation.
(a) Public comment hearings shall be open to the
public, and members of the public shall be entitled to testify, subject to the
limitations of Adm 213.03.
(b) People who wish to testify shall be asked to
write on the speaker's list:
(1) Their full names and addresses; and
(2) The names and addresses of organizations,
entities or other persons whom they represent, if any.
(c) Written comments, which may be submitted in
lieu of or in addition to oral testimony, shall:
(1) Be accepted for 10 days after the adjournment
of a hearing or after the adjournment of a postponed or continued hearing; and
(2) Be signed by the person who submits them.
(d) Pursuant to RSA 541-A: 11, I, copies of
proposed rules shall be available to the public under RSA 91-A and at least 5
days prior to the hearing.
Source.
#8908, eff 9-22-07
Adm 213.03 Limitations on Public and Media
Participation.
(a) The commissioner or the person designated by
the commissioner to preside over a hearing shall:
(1) Refuse to recognize for speaking or revoke
the recognition of any person who:
a. Speaks or acts in an abusive or disruptive
manner;
b. Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
c. Restates more than once what he or she has
already stated; and
(2) Limit presentations on behalf of the same
organization or entity to no more than 3, provided that all those representing
such organization or entity may enter their names and addresses into the record
as supporting the position of the organization or entity;
(b) Public comment hearings shall be open to
print and electronic media and all other persons, subject to the following
limitations, when such limitations are necessary to allow a hearing to go
forward in an orderly manner:
(1) Limitation of the number of persons,
including media representatives, when the combined number of persons exceeds
the capacity of the hearing room;
(2) Limitation on the placement of cameras or
other items to specific locations within or adjacent to the hearing room;
(3) Prohibition of interviews or presentations
conducted within the hearing room before or during the hearing, or of
interviews or presentations audible within the hearing room during the hearing;
(4) Prohibition of behavior that interferes with
or disrupts the proceedings; or
(5) Removal of persons who interfere with or
disrupt the proceedings from the hearing room or adjacent areas.
Source.
#8908, eff 9-22-07
Adm 213.04 Conduct of Public Comment Hearings.
(a) Public comment hearings shall be presided over
by the commissioner or a person designated by the commissioner in accordance
with RSA 541-A: 11, II.
(b) The person presiding over a hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the
subject matter of the hearing and, pursuant to RSA 541-A: 11, VI, provide
copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) If necessary, establish limits and
prohibitions pursuant to Adm 213.03;
(6) If necessary to permit the hearing to go
forward in an orderly manner, effect the removal of a person who speaks or acts
in a manner that is personally abusive or otherwise disrupts the hearing;
(7) If necessary, postpone or move the hearing;
(8) Adjourn or continue the hearing; and
(9) Take such other action consistent with
applicable law that is necessary to conduct and advance the hearing in an
orderly fashion intended to allow for the full consideration of public comment.
(c) A hearing shall be postponed in accordance
with RSA 541-A: 11, IV when:
(1) The weather is so inclement that it is
reasonable to conclude that people wishing to attend the hearing will be unable
to do so;
(2) The person designated to preside over the
hearing is ill or unavoidably absent; or
(3) Postponement will facilitate greater
participation by the public.
(d) A hearing shall be moved to another location
in accordance with RSA 541-A: 11, V when the original location is not able to
accommodate the number of people who wish to attend the hearing.
(e) A hearing shall be continued past the
scheduled time or to another date in accordance with RSA 541-A: 11, III when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the number of people who wish to attend and
it is not possible to move the hearing to another location.
Source.
#8908, eff 9-22-07
PART Adm 214 DECLARATORY RULINGS
Adm 214.01 Requests for Declaratory Ruling.
(a) Any person may petition the commissioner in
writing for a declaratory ruling concerning the applicability of a rule or
statute involving the department, other than rules or statutes implemented by
the division of personnel, to a specific set of circumstances.
(b) The petition shall:
(1) Be in legible written form;
(2) Be addressed to the commissioner;
(3) Be delivered to the Office of the
Commissioner, Department of Administrative Services, Room 120,
(4) State the name and address of the individual petitioner
or, if the request is that of an organization or other entity, the identity of
such organization or entity and the name and address of the representative
authorized by the entity to file the petition;
(5) Cite the particular rule or statute in
question;
(6) Explain why the language of the rule or
statute makes its applicability unclear to the circumstances of the
petitioner's case; and
(7) Be signed and dated by the petitioner.
(c) Within 60 days of the receipt of the
petition, the commissioner shall notify the petitioner if the petition is
incomplete or if additional information is required in order to reach a
determination on the petition.
(d) When a conforming petition has been received,
the commissioner shall respond within 120 days to a petition for a declaratory
ruling by stating whether or not the rule or statute at issue applies to
the specific set of circumstances presented.
(e) Declaratory rulings shall be filed on the day
of issuance with the director of legislative services in accordance with RSA
541-A:16, II (b).
Source.
#8908, eff 9-22-07
Adm 214.02 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the
person requesting it and shall be confined to the facts presented pursuant to
Adm 214.01.
Source.
#8908, eff 9-22-07
PART Adm 215
EXPLANATION OF ADOPTED RULES
Adm 215.01 Requests
for Explanation of Adopted Rules.
Pursuant to RSA 541-A: 11, VII, any interested person may, within 30
days of the final adoption of a rule, request a written explanation of that
rule by making a written request to the commissioner including:
(a) The name
and address of the person making the request; or
(b) If the
request is that of an organization or other entity, the name and address of
such organization or entity, and the name and address of the representative
authorized by the organization or entity to make the request.
Source. #8909, eff 9-22-07
Adm 215.02 Contents
of Explanation. The commissioner
shall, within 90 days of receiving a request in accordance with Adm 215.01, provide
a written response which:
(a) Concisely
states the meaning of the rule adopted;
(b) Concisely
states the principal reasons for and against the adoption of the rule in its
final form; and
(c) States, if
applicable, why the commissioner did not accept arguments and considerations
presented against the rule.
Source. #8909, eff 9-22-07
PART Adm 216
PETITIONS FOR WAIVER OR SUSPENSION OF RULES
Adm 216.01 Petitions.
A person affected by a rule of the commissioner may request that the
commissioner waive or suspend the rule by filing a written request for waiver
or suspension containing, at a minimum:
(a) The name,
address and telephone number of the person making the request and, if the
person is representing another person, the name and address of the person
represented;
(b) An
identification of the specific rule or rules for which waiver or suspension is
sought;
(c) An
identification of third parties who may be affected by the waiver or suspension
of the rule or rules;
(d) The reason
or reasons that suspension or waiver is sought, together with such facts as
will enable the commissioner to ascertain how the waiver or suspension would
impact upon the person making the request or third parties.
Source. #8909, eff 9-22-07
Adm 216.02 Notification
to Third Parties. If the
commissioner concludes upon examination of the petition that the proposed waiver
or suspension would likely affect persons other than the petitioner, the
commissioner shall require that the petitioner provide notice to those persons
and afford those persons the opportunity to request a hearing on the petition.
Source. #8909, eff 9-22-07
Adm 216.03 Standard. The commissioner shall grant a petition for
waiver or suspension of a rule if the commissioner concludes:
(a) That the
petitioner has established:
(1) That he or
she would suffer a hardship by application of the rule;
(2) Waiver or
suspension would not conflict with statutes and case law relative to programs
administered by the department, or with the purposes of RSA 21-I;
(3) Waiver or
suspension would not impose a hardship on a third party; and
(4) Waiver or
suspension is necessary due to factors outside the control of the petitioner;
or
(b) That the
petitioner has established that waiver or suspension is necessary to comply
with applicable statutory or case law, or to achieve the purposes of RSA 21-I.
Source. #8909, eff 9-22-07
Adm 216.04 Action on Petitions. The commissioner shall act upon petitions under
this part in accordance with the provisions of RSA 541-A: 29.
Source. #8909, eff 9-22-07
PART Adm 217
SETTLEMENTS
Adm 217.01 Settlements.
(a) Any party to an adjudicative
proceeding shall have the opportunity to attempt to reach a resolution of the
dispute with the department by agreement.
(b) An
agreement resolving some or all of the issues comprising the dispute shall
become effective when its terms have
been reduced to a writing signed by the parties to the agreement.
(c) The signing of a document setting forth
the terms of an agreement resolving some or all of the issues comprising a
dispute shall constitute a waiver of the right to a hearing of the issues
resolved by the agreement.
(d) The party initiating the hearing or his or
her representative shall advise the presiding officer of the existence of the
settlement immediately upon resolution.
(e) After being
informed of a settlement, the presiding officer shall issue such orders as are
necessary to document the resolution
of the case.
Source. #8909, eff 9-22-07
APPENDIX
|
RULE |
STATUTE
IMPLEMENTED |
|
|
|
|
Adm 201.01 |
RSA 541-A: 7 |
|
|
|
|
Adm 202.01 – 202.02 |
RSA 541-A: 7 |
|
Adm 202.03 |
RSA 541-A: 16, I (b); RSA
541-A: 31 - 38 |
|
|
|
|
Adm 203.01 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, I; RSA 541-A: 31; |
|
Adm 203.02 |
RSA 541-A: 30-a, III (k) |
|
Adm 203.03 |
RSA 541-A: 30-a, III (j) |
|
|
|
|
Adm 204.01 |
RSA 541-A: 30-a, III (f);
RSA 541-A: 16, IV |
|
|
|
|
Adm 205.01 |
RSA 541-A: 16, |
|
Adm 205.02 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (a) |
|
Adm 205.03 |
RSA 541-A: 30-a, III (a);
RSA 541-A: 35 |
|
|
|
|
Adm 206.01 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (a); |
|
|
|
|
Adm 207.01 |
RSA 541-A: 16, |
|
Adm 207.02 |
RSA 541-A: 30-a, III. (b) |
|
Adm 207.03 |
RSA 541-A: 16, I (b); RSA
541-A: 31, V (b), (c), (d) |
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Adm 207.04 |
RSA 541-A: 31, VI. (g),
VII; |
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Adm 207.05 |
RSA 541-A: 16, |
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Adm 207.06 |
RSA 541-A: 36 |
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Adm 207.07 |
RSA 541-A: 33, I |
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Adm 208.01 – Adm 208.02 |
RSA 541-A: 16, |
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Adm 208.03 |
RSA 541-A: 30-a, III (g) |
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Adm 209.01 |
RSA 541-A: 30-a, III. (h) |
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Adm 209.02 |
RSA 541-A: 16, |
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Adm 210.01 – Adm 210.03 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (c) |
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Adm 211.01 |
RSA 541-A: 30-a, III (d),
(e) |
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Adm 211.02 |
RSA 541-A: 16, I (b) (2);
RSA 541-A: 30-a, I; |
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Adm 211.03 |
RSA 541-A: 16, I (b) (2);
RSA 541-A: 30-a, I; RSA 541-A: 33 |
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Adm 211.04 |
RSA 541-A: 16, |
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Adm 211.05 |
RSA 541-A: 16, |
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Adm 211.06 |
RSA 541-A: (i) |
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Adm 211.07 |
RSA 541-A: 30-a, III (a);
RSA 541-A: 31, VI; RSA 541-A: 35 |
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Adm 211.08 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, I, III (a); |
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Adm 211.09 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, I, III (i); RSA 541: 3 – 6 |
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Adm 211.10 |
RSA 541-A: 30-a, III (l) |
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Adm 212.01 |
RSA 541-A: 4; RSA 541-A: 16,
I (c); RSA 21-I: 13, I; |
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Adm 213.01 – Adm 213.04 |
RSA 541-A: 11; RSA 541-A:
16, |
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Adm 214.01 – Adm 214.02 |
RSA 541-A: 16, I (d); RSA
541-A: 16, II (b); RSA 541-A: 29 |
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Adm 215.01 – Adm 215.02 |
RSA 541-A: 11, VII |
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Adm 216.01 |
RSA 541-A: 22, IV; RSA 541-A: 29; RSA 21-I; |
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Adm 217.01 |
RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; |