PART Eng 201
PURPOSE AND SCOPE
Eng
201.01 Purpose and Scope. The board shall conduct proceedings for the
purpose of acquiring sufficient information to make fair and reasonable
decisions on matters within its statutory jurisdiction, including decisions on
applications and complaints filed against licensees. These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.
Source. #5397, eff 5-20-92;
ss by #6752, INTERIM, eff
5-20-98, EXPIRED: 9-17-98
New. #7468-A,
eff 3-24-01
PART Eng 202
DEFINITIONS
Eng
202.01 Definitions.
(a) “Appearance” means a written notification to
the board that a party’s representative intends to actively participate in a
hearing.
(b) “Hearing” means “adjudicative proceeding” as
defined by 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.”
(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-A:1, 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.” The term “party” includes all intervenors in
a proceeding, subject to any limitations established pursuant to RSA 541-A:33,
III.
(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 a fact or legal conclusion is
more probable than not to be true.
Source. #5397, eff 5-20-92;
ss by #6752, INTERIM, eff
5-20-98, EXPIRED: 9-17-98
New. #7468-A,
eff 3-24-01
PART Eng 203
PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES
Eng
203.01 Presiding Officer;
Appointment; Authority.
(a) All hearings shall be conducted for the board
by a natural person appointed by the board 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 resolution acceptable to all parties;
(3) Administer
oaths and affirmations;
(4) Issue
subpoenas to compel the attendance of witnesses at hearings or the production
of documents, as authorized by RSA 310-A:23, II;
(5) Receive
relevant evidence at hearings and exclude irrelevant, immaterial
or unduly repetitious evidence;
(6) Rule on
procedural requests, including adjournments or postponements, at the request of
a party or on the presiding officer's own motion;
(7) Question
any person who testifies;
(8) Cause a
complete record of any hearing to be made, as specified in RSA 541-A:31, VI;
and
(9) 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. #5397, eff 5-20-92;
ss by #6752, INTERIM, eff
5-20-98, EXPIRED: 9-17-98
New. #7468-A,
eff 3-24-01
Eng
203.02 Withdrawal of Presiding
Officer.
(a) Upon his or her own initiative or upon the
motion of any party, a presiding officer or board official shall, for good
cause withdraw from any hearing.
(b) Good cause shall exist if a presiding officer
or board official:
(1) Has a
direct interest in the outcome of a proceeding, including, but not limited to,
a financial or family relationship;
(2) Has made
statements 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 for withdrawal.
Source. #5397, eff 5-20-92;
ss by #6752, INTERIM, eff
5-20-98, EXPIRED: 9-17-98
New. #7468-A,
eff 3-24-01
Eng
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
reasonable 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 resolution of issues pending before the board than would
adherence to a particular rule or procedure.
Source. #5397, eff 5-20-92;
ss by #6752, INTERIM, eff
5-20-98, EXPIRED: 9-17-98
New. #7468-A,
eff 3-24-01
PART Eng 204
FILING, FORMAT AND DELIVERY OF DOCUMENTS
Eng
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 board on the actual date of receipt by
the board, as evidenced by a date stamp placed on the document by the board in
the normal course of business.
Source. #7468-A,
eff 3-24-01
Eng
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 1/2 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 Eng 203.03.
(b) A
party’s or representative's signature on a document filed with the board 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. #7468-A,
eff 3-24-01
Eng
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 to the
proceeding.
(b) All notices, orders, decisions
or other documents issued by the presiding officer or board 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. #7468-A,
eff 3-24-01
PART Eng 205
TIME PERIODS
Eng
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. #7468-A,
eff 3-24-01
Eng
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. #7468-A,
eff 3-24-01
Eng
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 board to act;
(4) The action
that the petitioner wishes the board to take; and
(5) The
identification of any statutes, rules, orders, or other authority that entitles
the petitioner to request the board to act.
(c) Board 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 board took.
(d) Replies shall be filed within 90 days from
the date of the petition.
Source. #7468-A,
eff 3-24-01
PART Eng 207
NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES
Eng
207.01 Commencement of Hearing. A hearing shall be commenced by an order of
the board giving notice to the parties at least 30 days prior to the hearing as
required by Eng 207.03.
Source. #7468-A,
eff 3-24-01
Eng
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 board.
Source. #7468-A,
eff 3-24-01
Eng
207.03 Notice of Hearing.
(a) A notice of a hearing issued by the board 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 presented;
(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 board 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. #7468-A,
eff 3-24-01
Eng
207.04 Appearances and Representation.
(a) A party’s representative shall file an
appearance that includes the following information:
(1) A brief
identification of the matter;
(2) A statement
as to whether or not the representative is an attorney
and if so, whether the attorney is licensed to practice in
(3) The party
or representative's daytime address and telephone number.
Source. #7468-A,
eff 3-24-01
Eng
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. #7468-A,
eff 3-24-01
PART Eng 208
ROLES OF BOARD STAFF AND COMPLAINANTS
Eng
208.01 Role of Board Staff in
Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as
defined in Eng 103.04 shall have no role in any
enforcement or disciplinary hearing.
Source. #7468-A,
eff 3-24-01
Eng
208.02 Role of Complainants in
Enforcement or Disciplinary Hearings.
Unless called as a witness or granted party or intervenor status, a
person who initiates an adjudicative proceeding by complaining to the board
about the conduct of a person who becomes a partyshall
have no role in any enforcement or disciplinary hearing.
Source. #7468-A,
eff 3-24-01
PART Eng 209
INTERVENTION
Eng
209.01 Intervention.
(a) A non-party may intervene in a matter pending
before a board under the provisions of RSA 541-A:32, by filing a motion stating
facts demonstrating that the non-party's rights or other substantial interests
might be affected by the proceeding or that the non-party qualifies as an
intervenor 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, he or she shall grant the motion for
intervention.
(c) Participation by intervenors shall be limited
to that which is necessary to protect the interest identified in the petition
for intervention.
(d) Petitions for intervention shall be filed any
time after commencement of a proceeding, and 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) Petitions for intervention shall be granted
if the petitioner has an interest in the proceeding and has clearly stated this
interest.
(f) 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.
(g) Once granted leave to intervene, intervenors
shall take the proceeding as they find it and no portion of the proceeding
shall be repeated because of the fact of intervention.
Source. #7468-A,
eff 3-24-01
PART Eng 210
POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING
Eng
210.01 Postponements.
(a) Any party to a hearing may make an oral or
written motion that a hearing be postponed to a later date or time.
(b) If a postponement is requested by a party to
the hearing, it shall be granted if the presiding officer determines that good
cause has been demonstrated. Good cause
shall include the unavailability of parties, witnesses
or attorneys necessary to conduct the hearing, the likelihood that a hearing
will not be necessary because the parties 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. #7468-A,
eff 3-24-01
Eng
210.02 Failure to Attend Hearing.
If any party to whom notice has been
given in accordance with Eng 207.03 fails to attend a hearing, the presiding
officer shall declare that party to be in default and shall either:
(a) Dismiss the case, if the party with the
burden of proof fails to appear; or
(b) Hear the testimony and receive the evidence
offered by a party, if that party has the burden of
proof in the case.
Source. #7468-A,
eff 3-24-01
PART Eng 211
REQUESTS FOR INFORMATION OR DOCUMENTS
Eng
211.01 Voluntary Production of
Information.
(a) Each party shall attempt in good faith to
make complete and timely response to requests for the voluntary production of
information or documents relevant to the hearing.
(b) When a dispute between parties arises
concerning a request for the voluntary production of information or documents,
any party may file a motion to compel the production of the requested
information under Eng 211.02.
Source. #7468-A,
eff 3-24-01
Eng
211.02 Motions to Compel Production
of Information.
(a) Any party may make a motion requesting that
the presiding officer order the parties to comply with information
requests. The motion shall be filed at
least 15 days before the date scheduled for the hearing.
(b) The moving party’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 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. #7468-A,
eff 3-24-01
Eng
211.03 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the parties
shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents
or exhibits to be offered as evidence at the hearing, and a copy of each
document or exhibit.
Source. #7468-A,
eff 3-24-01
PART Eng 212
RECORD, PROOF, EVIDENCE AND DECISIONS
Eng
212.01 Record of the Hearing.
(a) The board shall record the hearing by tape
recording or other method that will provide a verbatim record except for 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 board 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 requesting party.
(c) At the request of a party to any proceeding
involving disciplinary action, the record of the proceeding shall be made by a
certified shorthand court reporter provided by the board at the requesting
party’s expense. A request for a
certified shorthand court reporter shall be filed at least 10 days prior to the
hearing.
Source. #7468-A,
eff 3-24-01
Eng
212.02 Standard and Burden of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
Source. #7468-A,
eff 3-24-01
Eng
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
or parties bearing the burden of proof and such witnesses as the party may
call;
(2) The party
or parties opposing the party who bears the overall burden of proof and such witnesses
as the party may call.
Source. #7468-A,
eff 3-24-01
Eng
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 unless the
presiding officer determines that all or part of a transcript or document is
exempt from disclosure under RSA 91-A:5 or applicable case law.
Source. #7468-A,
eff 3-24-01
Eng
212.05 Proposed Findings of Fact and
Conclusions of Law.
(a) Any party may submit proposed findings of
fact and conclusions of law to the presiding officer prior to or at the
hearing.
(b) Upon request of any party, or if the
presiding officer determines that proposed findings of fact and conclusions of
law would serve to clarify the 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. #7468-A,
eff 3-24-01
Eng
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 Eng 212.08.
(b) Before the conclusion of the hearing, a party
may request that the record be left open to allow the filing of specified
evidence not available at the hearing.
If the other parties 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 to file the evidence.
Source. #7468-A,
eff 3-24-01
Eng
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, 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 to a full
and fair consideration of the issues to be decided.
Source. #7468-A,
eff 3-24-01
Eng
212.08 Decisions.
(a) A board 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 board who are to render a final decision, the presiding officer shall
submit to the board 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 board members voting on the decision is adverse to a party to the proceeding other than the board
itself, the board shall serve a copy of the proposal for decision on each party
to the proceeding and provide an opportunity to file exceptions and present
briefs and oral arguments to the board.
(d) A proposal for decision shall become a final
decision upon its approval by the board.
(e) A board 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. #7468-A,
eff 3-24-01
PART Eng 213
MOTION FOR REHEARING
Eng
213.01 Purpose. The rules in this part are intended to
supplement any statutory provisions, including RSA 541, that require or allow a
person to request a rehearing of a decision of the board prior to appealing the
decision.
Source. #7468-A,
eff 3-24-01
Eng
213.02 Applicability. The rules in this part shall apply whenever
any person has a right under applicable law to request a rehearing of a
decision prior to filing an appeal of the decision with the court having
appellate jurisdiction.
Source. #7468-A,
eff 3-24-01
Eng
213.03 Filing and Content of Motion.
(a) A motion for rehearing shall be filed within
30 days of the date of the board decision or order.
(b) A motion for rehearing shall:
(1) Identify
each error of fact, error of reasoning, or error of law which the moving party
wishes to have reconsidered;
(2) Describe
how each error causes the board'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; and
(4) Include any
argument or memorandum of law the moving party wishes to file.
Source. #7468-A,
eff 3-24-01
Eng
213.04 Standard for Granting Motion
for Rehearing.
(a) A motion for rehearing in a case subject to
appeal under RSA 541 shall be granted if it demonstrates that the board's
decision is unlawful, unjust or unreasonable.
(b) A motion for rehearing in a case subject to
appeal by petition for writ of certiorari shall be granted if it demonstrates
that the board's decision is illegal in respect to jurisdiction, authority or
observance of law, an abuse of discretion or arbitrary, unreasonable
or capricious.
Source. #7468-A,
eff 3-24-01
Eng
213.05 Decision on Motion for
Rehearing. The board 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. #7468-A,
eff 3-24-01
PART Eng 214
RULEMAKING PUBLIC COMMENT HEARINGS
Eng
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 board relative to rulemaking.
Source. #7468-A,
eff 3-24-01
Eng
214.02 Scope.
(a) These rules shall apply to all hearings
required by state law to be conducted by the department 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. #7468-A,
eff 3-24-01
Eng
214.03 Notice.
(a) A public comment hearing concerning
rulemaking shall be commenced by placing notice of the hearing in the
"Rulemaking Register" so that it shall appear at least 20 days prior
to the hearing date.
(b) Notice for rulemaking public comment hearings
shall comply with RSA 541-A:6, I.
(c) Nothing in these rules shall prohibit the
board from giving greater notice than the minimums set out in this part.
Source. #7468-A,
eff 3-24-01
Eng
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 shall 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. #7468-A,
eff 3-24-01
Eng
214.05 Moderator.
(a) The hearing shall be presided over by a
moderator who shall be the board chairperson or a designee.
(b) The moderator shall:
(1) Call the
hearing to order;
(2) Cause a
recording of the hearing to be made;
(3) Place
limits on the media to avoid disruption as set out in Eng 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 Eng 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. #7468-A,
eff 3-24-01
Eng
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 and
address on a speakers' list before the last speaker on the list has finished
speaking. All whose names appear on the speakers' list, as provided, shall be
afforded reasonable time to speak at the hearing. Limit the
amount of time each speaker may speak to a reasonable time. Reasonable time
shall be determined considering the number of people who wish to be heard, the
time and the availability of the facility.
(b) The board, through the moderator, shall:
(1) Refuse to
recognize a person who refuses to give his or her full name and address;
(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 by the
moderator, 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. #7468-A,
eff 3-24-01
Eng
214.07 Explanation after Adoption.
(a) Any person may request an explanation
regarding adoption of the rules pursuant to RSA 310-A:11, VII by submitting a
request to the board.
(b) The request shall be considered at the next
scheduled board meeting and the board shall issue a response within 45 days
after consideration.
Source. #7468-A,
eff 3-24-01
PART Eng 215
PETITIONS FOR RULEMAKING
Eng
215.01 Petition for Rulemaking.
(a) Any person may request the board to commence
a proceeding for the purpose of adopting, amending, or repealing a rule by
filing a written petition that contains:
(1) A statement
of the petitioner's request for the proposed rule;
(2) The text of
the proposed rule or a statement 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 board in deciding
whether to commence a rulemaking proceeding; and
(5) Name,
address, signature of petitioner and date.
Source. #7468-A,
eff 3-24-01
Eng
215.02 Disposition of Petition.
(a) The board shall consider all petitions for
rulemaking and proceed pursuant to RSA 541-A:4. The board shall request
additional data or argument from the petitioner or other interested persons to
clarify the argument.
(b) If the data or argument fails to support the
petition, the board shall state the reason therefore in the order.
(c) If the data or argument supports the
petition, the board shall commence rulemaking in accordance with RSA 541-A:3
et. seq.
Source. #7468-A,
eff 3-24-01
PART Eng 216
DECLARATORY RULINGS
Eng
216.01 Petitions.
(a)
Any person may request a declaratory ruling from the board on matters
within its jurisdiction by filing an original and 5 copies of a petition
pursuant to Eng 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. #7468-A,
eff 3-24-01
Eng
216.02 Action on Petitions.
(a) The petitioner shall provide such further
information or participate in such evidentiary or other proceedings as the
board shall direct after reviewing the petition and any replies received.
(b) Upon review and consideration, the board
shall within 90 days rule on the petition pursuant to Eng 206.02 (d).
Source. #7468-A,
eff 3-24-01
PART Eng 217
EXPLANATION AFTER ADOPTION
Eng 217.01 Explanation
after Adoption.
(a) Any person may
request an explanation regarding adoption of the rules pursuant to
(b) The request
shall be considered at the next scheduled board meeting and the board shall
issue a response within 45 days after consideration.
Source. #10044,
eff 1-1-12
APPENDIX
|
Rule |
|
|
Eng 201-213 |
RSA 310-A:22, 310-A:22-a, 310-A:23 |
|
Eng 214.01 |
RSA 541-A:16, I(c) |
|
Eng 214.03 |
RSA 541-A:16, I(c) |
|
Eng 214.04 |
RSA 541-A:16, I(b) |
|
Eng 215 |
RSA 541-A:16, I(d) |
|
Eng 216 |
|
|
Eng 217 |
RSA 541-A:16, I(b) |