CHAPTER App 100
ORGANIZATION
Statutory
Authority: RSA 278:3, IX
PART App 101
PURPOSE AND APPLICABILITY
App
101.01 Purpose. RSA 278, Apprenticeship Programs in Trade and
Industry, authorizes and directs the
Source. #6364-A,
eff 10-29-96
App
101.02 Applicability. These rules shall apply to any person, firm,
corporation, trade association, or craft group only after such person, firm,
corporation, trade association, or craft group has voluntarily elected to enter
into the provisions within, through registration of an apprenticeship program
with the
Source. #6364-A,
eff 10-29-96
PART App 102
DEFINITIONS
App
102.01 "Apprentice" means any person
employed under an apprenticeship program registered with any state
apprenticeship agency which is recognized by the Bureau of Apprenticeship and
Training (BAT), Employment and Training, U.S. Department of Labor or registered
with BAT itself and individually registered with the state apprenticeship
council or BAT.
Source. #6364-A,
eff 10-29-96
App
102.02 "Apprenticeship
agreement" means a written agreement between an apprentice and the sponsor,
which contains the terms and conditions of the employment and training of the
apprentice.
Source. #6364-A,
eff 10-29-96
App
102.03 "Apprenticeship
committee" means those persons designated by employers(s), representatives
of a bonafide collective bargaining agent(s), and or representative(s) of
workers who are not represented by a collective bargaining agent, to act in the
administration of the apprenticeship program.
Source. #6364-A,
eff 10-29-96
App
102.04 "Apprenticeship
program" means a plan containing all terms and conditions for
qualification, recruitment, selection, employment and training of apprentices,
including the requirement for a written apprenticeship agreement, that has been
approved by and registered with the
Source. #6364-A,
eff 10-29-96
App
102.05 "Apprenticeship
standards" means the written document approved by and registered with the
Source. #6364-A,
eff 10-29-96
App
102.06 "Cancellation" means
the termination of the registration or approval status of a program at the
request of the sponsor or termination of an apprenticeship agreement at the
request of the apprentice.
Source. #6364-A,
eff 10-29-96
App
102.07 "Council" means the
Source. #6364-A,
eff 10-29-96
App
102.08 "Employer" means any
person or organization employing an apprentice, whether or not such person or
organization is a party to an apprenticeship agreement with the apprentice.
Source. #6364-A,
eff 10-29-96
App
102.09 "Registration of an
apprenticeship agreement" means the acceptance and recording of documents
by the council as evidence of the participation of the apprentice in a
particular registered apprenticeship program.
Source. #6364-A,
eff 10-29-96
App
102.10 "Registration of an
apprenticeship program" means the acceptance and recording of such program
by the council as meeting the basic standards and requirement of these rules
and of 29 CFR 29 and 29 CFR 30.
Source. #6364-A,
eff 10-29-96
App
102.11 "Related instruction"
means an organized and systematic form of instruction designed to provide an
apprentice with knowledge of the theoretical and technical subjects related to
his/her trade.
Source. #6364-A,
eff 10-29-96
App
102.12 "Sponsor" means any person,
association, committee or organization operating an apprenticeship program, and
in whose name the program is, or is to be, registered.
Source. #6364-A,
eff 10-29-96
CHAPTER App
200 COMPLAINTS AND HEARINGS
PART App
201 COMPLAINT AND HEARING PROCEDURES
App 201.01 Purpose and Scope. The council conducts proceedings for the
purpose of acquiring sufficient information to make fair and reasoned decisions
on matters within its statutory jurisdiction, including decisions on
applications and complaints filed against apprentices or sponsors. These rules are intended to secure the just,
efficient and accurate settlement of all council proceedings.
Source. #6364-B,
eff 10-29-96; ss by #7864-A, eff 4-1-03
PART
App 202 DEFINITIONS
App 202.01 Definitions.
(a)
“Appearance” means a written notification to the council that a party’s
representative intends to actively participate in a hearing.
(b)
“Hearing” means “adjudicative proceeding” as defined by RSA 541-A1, I,
namely, “the procedure to be followed in contested cases, as set forth in RSA
541-A:31 through RSA 541-A:36.” The term
does not include public comment hearings under App 214.
(c)
“Motion” means a request to the presiding officer for an order or ruling
directing some act to be done in favor of the party making the motion,
including a statement of justification or reasons for the request.
(d) “Natural person” means a human being.
(e)
“Party” means “party” as defined by RSA 541-A1, XII, namely, “each
person or board named or admitted as a party, or properly seeking and entitled
as a right to be admitted as a party.”
(f)
“Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any
individual, partnership, corporation, association, governmental subdivision, or
public or private organization of any character other than a board.”
(g)
“Presiding officer” means presiding officer as defined in RSA 541-A:1,
XIV, namely, “that individual to whom the board has delegated the authority to
preside over a proceeding, if any; otherwise it shall mean the head of the
board.”
(h)
“Proof by a preponderance of the evidence” means a demonstration by
admissible evidence that fact or legal conclusion is more probable than not to
be true.
Source. #7864-A,
eff 4-1-03
PART
App 203 PRESIDING OFFICER; WITHDRAWAL
AND WAIVER OF RULES
App 203.01 Presiding Officer; Appointment; Authority.
(a)
All hearings shall be conducted for the council by a natural person
appointed by the council to serve as a presiding officer.
(b)
A presiding officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal settlement acceptable
to all parties;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer’s own motion;
(6) Question any person who testifies;
(7) Cause a complete record of any hearing to be made,
as specified in RSA 541-A:31, VI; and
(8) Take any other action consistent with
applicable statutes, rules and case law necessary to conduct the hearing and
complete the record in a fair and timely manner.
Source. #7864-A,
eff 4-1-03
App 203.02 Withdrawal of Presiding Officer.
(a)
Upon his or her own initiative or upon the motion of any party, a
presiding officer or council member shall, for good cause withdraw from any
hearing.
(b)
Good cause shall exist if a presiding officer or council member:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship;
(2) Has made any statement or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c)
Mere knowledge of the issues, the parties or any witness shall not
constitute good cause.
Source. #7864-A,
eff 4-1-03
App 203.03 Waiver or Suspension of Rules by Presiding
Officer. 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 notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be more likely to promote the fair, accurate and efficient settlement
of issues pending before the council than would adhere to a particular rule or
procedure.
Source. #7864-A,
eff 4-1-03
PART
App 204 FILING, FORMAT AND DELIVERY OF
DOCUMENTS
App 204.01 Date of Issuance or Filing. 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 council on the actual date of receipt
by the council, as evidenced by a date stamp placed on the document by the council
in the normal course of business.
Source. #7864-A,
eff 4-1-03
App 204.02 Format of Documents.
(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 ½ by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or, if the party 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 to the proceeding in compliance
with App 204.03.
(b)
A party’s or representative’s signature on a document filed with the council
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. #7864-A,
eff 4-1-03
App 204.03 Delivery of Documents.
(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 or, if represented, to the
representative to the proceeding.
(b)
All notices, orders, decisions or other documents issued by the
presiding officer or council shall be delivered to all parties to the
proceeding.
(c)
Delivery of all documents relating to a proceeding shall be made by
personal delivery or by depositing a copy of the document, by first class mail,
postage prepaid, in the
(d)
When a party appears by a representative, delivery of a document to the
party’s representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party.
Source. #7864-A,
eff 4-1-03
PART
App 205 TIME PERIODS
App 205.01 Computation of Time.
(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 the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or
legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #7864-A,
eff 4-1-03
PART
App 206 MOTIONS AND PLEADINGS
App 206.01 Motions; Objections.
(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 objection 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
moving party to submit the motion in writing, with supporting information.
(c)
Objections to written motions shall be filed within 30 days of the date
of the motion.
(d)
Failure by an opposing party to object to a motion shall not in and of
itself constitute grounds for granting the motion.
(e)
The presiding officer shall rule upon a motion after full consideration
of all objections and other factors relevant to the motion.
Source. #7864-A,
eff 4-1-03
App 206.02 Pleadings.
(a)
The only pleadings permitted shall be petitions, other than for rulemaking,
and replies to petitions. Applications
shall not be considered pleadings.
(b)
All petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner’s
representative, if any;
(3) A concise statement of the facts that caused
the petitioner to request the council to act;
(4) The action that the petitioner wishes the
council to take; and
(5) The identification of any statutes, rules,
orders, or other authority that entitles the petitioner to request the council
to act.
(c)
Council replies to petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the representative of
the petitioner, if any;
(3) A statement addressing each fact alleged in
the petition;
(4) A statement addressing the authority
identified by the petitioner;
(5) A concise response to each statement;
(6) The identification of any statutes, rules,
orders, or other authority, not identified in the petition, having a bearing
upon the subject matter of the petition; and
(7) The action the council took.
(d)
Replies shall be filed within 90 days from the date of the petition.
Source. #7864-A,
eff 4-1-03
PART
App 207 NOTICE OF HEARING; APPEARANCES;
PRE-HEARING CONFERENCES
App 207.01 Commencement of Hearing. A hearing shall be commenced by an order of
the council giving notice to the parties at least 30 days prior to the hearing
as required by App 207.03.
Source. #7864-A,
eff 4-1-03
App 207.02 Docket Numbers. 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 council.
Source. #7864-A,
eff 4-1-03
App 207.03 Notice of Hearing.
(a)
A notice of a hearing issued by the council at least 30 days prior to the
hearing 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 particular statutes and
rules involved including this chapter;
(4) A short and plain statement of the issues
involved;
(5) A statement that each party has the right to
have an attorney represent them at their own expense; and
(6) A statement that each party has the right to
have the council provide a certified shorthand court reporter at the party’s
expense and that any such request shall be submitted in writing at least 10
days prior to the hearing.
Source. #7864-A,
eff 4-1-03
App 207.04 Appearances and Representation.
(a)
A party’s representative shall file an appearance that includes the
following information:
(1) A brief description of the proposed
representative’s professional and character qualifications;
(2) A statement as to whether or not the
representative is an attorney and if so, whether the attorney is licensed to
practice in
(3) The party or representative’s daytime address
and telephone number.
Source. #7864-A,
eff 4-1-03
App 207.05 Prehearing Conference. 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 proof by consent of
the parties;
(d)
Limitations on the number of witnesses;
(e)
Changes to standard procedures desired during the hearing by consent of
the parties;
(f)
Consolidation of examination of witnesses; and
(g)
Any other matters which aid in the disposition of the proceeding.
Source. #7864-A,
eff 4-1-03
PART
App 208 ROLES OF COUNCIL STAFF AND
COMPLAINANTS
App 208.01 Role of Council Staff in Enforcement or
Disciplinary Hearings. Unless called
as witnesses, council staff shall have no role in any enforcement or disciplinary
hearing.
Source. #7864-A,
eff 4-1-03
App 208.02 Role of Complainants in Enforcement or
Disciplinary Hearings. Unless called
as a witness or granted party or intervener status a person who initiates an
adjudicative proceeding by complaining to the council about the conduct of a
person who becomes a party shall have no role in any enforcement or
disciplinary hearing.
Source. #7864-A,
eff 4-1-03
PART
App 209 INTERVENTION
App 209.01 Intervention.
(a)
A non-party may intervene in a matter pending before a council under the
provisions of RSA 541-A:32 by filing a Petition 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 as an intervener under any
provision of law.
(b)
If the presiding officer determines that such intervention would be in
the interests of justice and would not impair the orderly and prompt conduct of
the hearing and if the petitioner has an
interest in the proceeding and has clearly stated this interest he or she shall
grant the Petition for intervention.
(c)
Participation by intervention shall be limited to that which is
necessary to protect the interest identified in the petition for intervention.
(d)
Petitions for intervention shall state:
(1) The petitioner’s interest in the subject
matter of the hearing;
(2) Whether the petitioner appears in support of
the complainant, or the respondent, as well as for his or her own interest;
(3) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(4) Any other reasons why the petitioner should
be permitted to intervene.
(e)
A person filing a complaint that becomes the subject of a disciplinary
hearing shall be served with the hearing notice and notified of the right to
intervene in the proceeding.
(f)
Once granted leave to intervene, interveners shall take the proceedings
as they find them and no portion of any proceeding shall be repeated because of
the fact of intervention.
Source. #7864-A,
eff 4-1-03
PART
App 210 POSTPONEMENT REQUESTS,
CONTINUANCES AND FAILURE TO ATTEND HEARING
App 210.01 Postponements.
(a)
Any party or intervener 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 or intervener to the hearing,
it shall be granted if the presiding officer determines that good cause has
been demonstrated. Good cause shall include
the unavailability of parties, interveners, witnesses or attorneys necessary to
conduct the hearing, the likelihood that a hearing will not be necessary
because the parties and interveners have reached a settlement or any other
circumstances that demonstrate that a postponement would assist in resolving
the case fairly.
(c)
If the later date, time and place are known at the time of the hearing
that is being postponed, the date, time and place shall be stated on the
record. If the later date, time and
place are not known at the time of the hearing that is being postponed, the
presiding officer shall issue a written scheduling order stating the date, time
and place of the postponed hearing as soon as practicable.
Source. #7864-A,
eff 4-1-03
App 210.02 Failure to Attend Hearing. If any party or intervener to whom notice has
been given in accordance with App 207.03 fails to attend a hearing and such failure
was beyond the parties control the presiding officer shall declare that party
or intervener to be in default and shall either:
(a)
Dismiss the case, if the party or intervener with the burden of proof
fails to appear; or
(b)
Hear the testimony and receive the evidence offered by a party or
intervener, if that party or intervener has the burden of proof in the case.
Source. #7864-A,
eff 4-1-03
PART
App 211 REQUESTS FOR INFORMATION OR
DOCUMENTS
App 211.01 Voluntary Production of Information.
(a)
In response to requests for the voluntary production of information or
documents relevant to the hearing, each party shall respond in good faith and
as soon as is practicable.
(b)
When a dispute between parties, interveners, or both arises concerning a
request for the voluntary production of information or documents, any party or
intervener may file a motion to compel the production of the requested
information under App 211.02.
Source. #7864-A,
eff 4-1-03
App 211.02 Motions to Compel Production of
Information.
(a)
Any party or intervener may make a motion requesting that the presiding officer
order the parties and interveners to comply with information requests. The motion shall be filed at least 15 days
before the date scheduled for the hearing.
(b)
The moving party or intervener’s motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c)
When a party or intervener has demonstrated that such requests for
information are necessary for a full and fair presentation of the evidence at
the hearing, the presiding officer shall grant the motion.
Source. #7864-A,
eff 4-1-03
App 211.03 Mandatory Pre-Hearing Disclosure of
Witnesses and Exhibits. At least 5
days before the hearing the parties and interveners 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.
Source. #7864-A,
eff 4-1-03
PART
App 212 RECORD, PROOF EVIDENCE AND
DECISIONS
App 212.01 Record of the Hearing.
(a)
The council shall record the hearing by tape recording or other method
that will provide a verbatim record, except that a proceeding on emergency
action shall be governed by RSA 541-A;30, III.
(b)
If any person requests a transcript of the taped record, the council
shall cause a transcript to be prepared and, upon receipt of payment for the
cost of the transcription, shall provide copies of the transcript to the
requestor.
(c)
At the request of a party or intervener to any proceeding involving
disciplinary action, the record of the proceeding shall be made by a certified
shorthand court reporter provided by the council at the requesting party or
intervener’s expense. A request for a
certified shorthand court reporter shall be filed at least 10 days prior to the
hearing.
Source. #7864-A,
eff 4-1-03
App 212.02 Standard and Burden of Proof. The party or intervener asserting a proposition
shall bear the burden of proving the truth of the proposition by a
preponderance of the evidence.
Source. #7864-A,
eff 4-1-03
App 212.03 Testimony; Order of Proceeding.
(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 order:
(1) The party, parties or intervener bearing the
burden of proof and such witnesses as the party may call; and
(2) The party, parties or intervener opposing the
party who bears the overall burden of proof and such witnesses as the party or
intervener may call.
Source. #7864-A,
eff 4-1-03
App 212.04 Evidence.
(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.
(c)
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.
(d)
Transcripts of testimony and documents or other materials, admitted into
evidence shall be public records pursuant to RSA 91-A:5.
Source. #7864-A,
eff 4-1-03
App 212.05 Proposed Findings of Fact and Conclusions
of Law.
(a)
Any party or intervener 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 intervener, or if the presiding officer determines that proposed
findings of fact and conclusions of law would serve to clarify the issues presented
at the hearing, the presiding officer shall specify a date after the hearing
for the submission of proposed findings of fact and conclusions of law.
(c) In any case
where proposed findings of fact and conclusions of law are submitted, the decision
shall include rulings on the proposals.
Source. #7864-A,
eff 4-1-03
App 212.06 Closing
the Record.
(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 (b) below and App 212.08.
(b) Before the
conclusion of the hearing, a party or intervener may request that the record by
left open to allow the filing of specified evidence not available at the hearing. If the other parties or interveners to the
hearing have no objection or if the presiding officer determines that such
evidence is necessary to a full consideration of the issues raised at the
hearing, the presiding officer shall keep the record open for the period of
time necessary for the party or intervener to file the evidence.
Source. #7864-A,
eff 4-1-03
App 212.07 Reopening
the Record. 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 or intervener, shall
reopen the record to receive relevant, material and non-duplicative testimony,
evidence or arguments not previously received, if the presiding officer
determines that such testimony, evidence or arguments are necessary for a full
and fair consideration of the issues to be decided.
Source. #7864-A,
eff 4-1-03
App 212.08 Decisions.
(a) A council member
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.
(b) If a presiding
officer has been delegated the authority to conduct a hearing in the absence of
a majority of the members of the council who are to render a final decision and
the matter’s disposition does not depend on the credibility of any witness, the
presiding officer shall submit to the council a written proposal for decision,
which shall contain a statement of the reasons for the decision and findings of
fact and rulings of law necessary to the proposed decision.
(c) If a proposal
for decision in a matter not personally heard by all council members voting on
the decision is adverse to a party or intervener to the proceeding other than
the council itself, the council shall serve a copy of the proposal for decision
on each party and intervener to the proceeding and provide an opportunity to
file exceptions and present briefs and oral arguments to the council.
(d) A proposal for
decision shall become a final decision upon its approval by the council.
(e) A council shall
keep a decision on file in its records for at least 5 years following the date
of the final decision or the date of the decision on any appeal, 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. #7864-A,
eff 4-1-03
PART App 213 MOTION FOR REHEARING
App 213.01 Service
of Order. An adjudicatory order of
the council shall not be final until the date it is served upon the parties and
interveners pursuant to App 204.03.
Source. #7864-A,
eff 4-1-03
App 213.02 Motion
Allowed. Motions for reconsideration
after a council hearing shall be allowed pursuant to RSA 541:3.
Source. #7864-A,
eff 4-1-03
App 213.03 Filing
and Content of Motion.
(a) A motion for rehearing
shall be filed within 30 days of the date of the council 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 or intervener wishes to have
reconsidered;
(2) Describe how each error causes the council’s
decision to be unlawful, unjust or unreasonable, or illegal in respect to
jurisdiction, authority or observance of the law, an abuse of discretion or
arbitrary, unreasonable or capricious;
(3) State concisely the factual findings,
reasoning or legal conclusion proposed by the moving party or intervener; and
(4) Include any argument or memorandum of law the
moving party or intervener wishes to file.
Source. #7864-A,
eff 4-1-03
App 213.04 Standard
for Granting Motion for Rehearing. A
motion for rehearing shall be granted if it demonstrates that the council’s
decision is illegal in respect to jurisdiction, authority or observance of law,
an abuse of discretion, or arbitrary, unreasonable or capricious.
Source. #7864-A,
eff 4-1-03
App 213.05 Decision
on Motion for Rehearing. The council
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.
Source. #7864-A,
eff 4-1-03
PART App 214 RULEMAKING HEARINGS
App 214.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the
general public will be solicited for evaluation and consideration by the
council relative to rulemaking.
Source. #7864-A,
eff 4-1-03
App 214.02 Scope.
(a) These rules
shall apply to all hearings required by state law to be conducted by the
council 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 such other
authority shall control.
Source. #7864-A,
eff 4-1-03
App 214.03 Notice.
(a) Notice for rulemaking
public comment hearing shall comply with RSA 541-A:6, I.
(b) Nothing in these
rules shall prohibit the council from giving greater notice than the minimums
set out in this part.
Source. #7864-A,
eff 4-1-03
App 214.04 Media
Access.
(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 number of citizens present and
would cause citizens to be excluded;
(2) Limit the placement of television cameras to
certain locations in the hearing room; and
(3) Prohibit interviews from being conducted
within the hearing room during the hearing.
Source. #7864-A,
eff 4-1-03
App 214.05 Moderator.
(a) The hearing
shall be presided over by a moderator who shall be the council 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 App 214.04(b);
(4) Recognize those who wish to be heard and
establish the order thereof;
(5) Limit the time for each speaker, as set out
in App 214.06(b);
(6) Remove or have removed any person who
disrupts the hearing;
(7) Adjourn the hearing; and
(8) Provide opportunity for the submission of
written comments.
Source. #7864-A,
eff 4-1-03
App 214.06 Public
Participation.
(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 shall be afforded reasonable time to speak at the
hearing. Reasonable time shall be
determined considering the number of people who wish to be heard and the
availability of the facility.
(b) The council,
through the moderator, shall:
(1) Refuse to recognize a person who refuses to
give his or her full name;
(2) When a group or organization wishes to
comment, limit the group to no more than 3 spokespersons, provided that the
members who are present shall be allowed to enter their names and addresses
into the record as supporting the position by the group or organization;
(3) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner; or
(4) Revoke recognition of a speaker who refuses
to keep his comments relevant to the issue or issues which are the subject of
the hearing.
(c) Written comments
may be submitted any time from the time notice has been published until the
record has been closed, which shall not be less than 7 calendar days after the
hearing.
(d) In the event
that the number of speakers who wish to give oral testimony relevant to the
issue or issues involved exceed that number which can be heard within a
reasonable period of time subject to facility availability and length of the
hearing, the hearing shall be reconvened pursuant to applicable provisions in
RSA 541-A to afford such persons the opportunity to be heard. Speakers may elect to submit written
testimony in lieu of additional oral hearing.
Source. #7864-A,
eff 4-1-03
PART App 215 PETITIONS FOR RULEMAKING
App 215.01 Petition
for Rulemaking.
(a) Any person may
request the council 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
of the particular results intended by the petitioner’s interest in the subject
matter of the proposed rule;
(3) An identification of the particular rule
sought to be amended or repealed;
(4) Any data or argument the petitioner believes
would be useful to the council in deciding whether to commence a rulemaking
proceeding; and
(5) Name, address, signature of petitioner and
date.
Source. #7864-A,
eff 4-1-03
App 215.02 Disposition
of Petition.
(a) The council
shall consider all petitions for rulemaking and proceed pursuant to RSA
541-A:4. The council shall request additional
data or argument from the petitioner or other interested persons to clarify the
argument.
(b) The council
shall deny the petition in the case of any of the following:
(1) If the data or agreement fails to support the
petition;
(2) The petition is not within the council’s
rulemaking authority;
(3) The petition is a duplicate of a existing
rule or statutory provision already in existence;
(4) The petition recreates inconsistency within
the existing rule and the statutory mandate of the council; or
(5) The petition is inconsistant with another
administrative rule.
(c) If the data or
argument fails to support the petition, the council shall state the reason
therefore in the order.
Source. #7864-A,
eff 4-1-03
PART App 216 DECLARATORY RULINGS
App 216.01 Petitions.
(a) Any person may
request a declaratory ruling from the council on matters within its
jurisdiction by filing an original and 5 copies of a petition pursuant to App 206.02(b).
(b) A petition for
declaratory ruling shall also set forth the following information:
(1) The exact ruling being requested; and
(2) The statutory and factual basis for ruling,
including any supporting affidavits or memoranda of a law.
Source. #7864-A,
eff 4-1-03
App 216.02 Action
on Petitions.
(a) The petitioner
shall provide such further information or participate in such evidentiary or
other proceedings, as the council shall direct after reviewing the petition and
any replies received.
(b) Upon review and consideration, the council
shall within 90 days rule on the petition pursuant to App 206.02(d).
Source. #7864-A,
eff 4-1-03
PART App 217 EXPLANATION AFTER ADOPTION.
App 217.01 Explanation
after Adoption.
(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 council.
(b) The request
shall be considered at the next scheduled council meeting and the council shall
issue a response within 45 days after consideration.
Source. #7864-B, eff 4-1-03
CHAPTER App 300
APPRENTICESHIP ELIGIBILITY
PART App 301
ELIGIBILITY AND PROCEDURE FOR COUNCIL REGISTRATION
App
301.01 Eligibility.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 302 APPRENTICEABLE OCCUPATION CRITERIA
App
302.01 Criteria.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 303
APPRENTICESHIP STANDARDS
App
303.01 Program.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
303.02 Standards.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
303.03 Ratios.
Source. #6364-B, eff 10-29-96; amd by #7098, eff 9-18-99;
paragraphs (b)-(e) EXPIRED: 10-29-04; paragraph (a) EXPIRED: 9-18-07
PART App 304
APPRENTICESHIP AGREEMENT
App 304.01 Information Required.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 305
DEREGISTRATION OF COUNCIL-REGISTERED PROGRAMS
App
305.01 Methods of Deregistration.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
305.02 Request by Sponsor.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
305.03 Deregistration by Council.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 306
REINSTATEMENT OF PROGRAM REGISTRATION
App
306.01 Procedure.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 307
LIMITATIONS
App
307.01 Collective Bargaining.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 308
COMPLAINTS
App
308.01 Council Review.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRES:
5-12-05
App
308.02 Documentation.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
308.03 Decisions.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 309
EXEMPTIONS
App
309.01 Exemptions.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 310
RECIPROCITY
App
310.01 Reciprocity.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
CHAPTER App
400 EQUAL EMPLOYMENT
PART App
401 PURPOSE AND APPLICABILITY
App
401.01 Purpose.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
401.02 Applicability.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 402
EQUAL EMPLOYMENT
App
402.01 Equal Employment
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App 402.02 Pledge.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
402.03 Records.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
402.04 Council Records.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 403
AFFIRMATIVE ACTION PLAN REQUIREMENTS
App
403.01 Affirmative Action
Requirements.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App
404 COMPLIANCE REVIEWS
App 404.01 Annual Reviews.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
404.02 Response to Complaints.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART App 405
REMEDIES AND SANCTIONS
App
405.01 Remedies.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New.
#8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
405.02 Sanctions.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
App
405.03 Appeal Rights.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
PART
App 406 EXEMPTIONS
App
406.01 Exemptions.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
CHAPTER App 500
PROGRAM REGISTRATION
App 501.01 Program Registration Procedures.
Source. #6364-B, eff 10-29-96, EXPIRED: 10-29-04
New. #8202, INTERIM, eff 11-13-04, EXPIRED:
5-12-05
APPENDIX
Rule Number |
State Statute/Federal Regulation Implemented |
|
|
App 200 (Specific rules in App
200 implementing 29 CFR 29.7-12 specific statutes are listed below) |
RSA 281:3, II |
App 201 |
RSA 281:3, IV |
App 202 |
RSA 541-A:7 |
App 203.01 |
RSA 541-A:31-36 |
App 203.02 |
RSA 541-A:30-a,
III(k) |
App 203.03 |
RSA 541-A:30-a,
III(j) |
App 204 |
RSA 541-A:30-a,
III(a) & III(c) |
App 205 |
RSA 541-A:30-a,
III(f) |
App 206 |
RSA 541-A:30-a,
III(a) & III(c) |
App 207.01-207.03 |
RSA 541-A:31, III |
App 207.04 |
RSA 541-A:31, III(b) |
App 207.05 |
RSA 541-A:31, V |
App 208 |
RSA 541-A:30-a,
III(g) |
App 209 |
RSA 541-A:32 |
App 210 |
RSA 541-A:30-a,
III(h) |
App 211 |
RSA 541-A:30-a,
III(a) & III(c) |
App 212.01(a) |
RSA 541-A:31, VI |
App 212.01(b) |
RSA 541-A:31, VII |
App 212.01I |
RSA 541-A:31, VII-a |
App 212.02 |
RSA 541-A:30-a,
III(d) & (e) |
App 212.03-212.04 |
RSA 541-A:33 |
App 212.05 |
RSA 541-A:34-35 |
App 212.06-212.07 |
RSA 541-A:30-a,
III(i) |
App 212.08 |
RSA 541-A:35 |
App 213 |
RSA 541:3 |
App 214 |
RSA 541-A:16,
I(b)(3) |
App 215 |
RSA 541-A:16, II |
App 216 |
RSA 541-A:16, I(d) |
App 217 |
RSA 541-A:11, VII |
|
|
App 301 - 302 |
RSA 278:3, opening
paragraph and IV |
App 303.01 - 303.02 |
RSA 278:3, opening
paragraph; RSA 278:8 |
App 304 - 306 |
RSA 278:3, opening paragraph
and IV; RSA 278:1, IV |
App 307-309 |
RSA 278:3, opening
paragraph |
App 310 |
RSA 278:1, III |
App 400 |
RSA 278:3, IV and IX |
App 500 |
RSA 278:3, opening
paragraph and IV |