CHAPTER Pari 200 RULES OF PRACTICE
Statutory Authority: RSA 541-A:16, I(b), (c) and (d)
PART Pari 201
DEFINITIONS
Pari
201.01 Definitions.
(a) “Association of Racing Commissioners
International, Inc. (ARCI)” means an organization with a membership composed of
the racing commissioners of some states and neighboring territories and
countries and an associate membership composed of representatives of the racing
industry and its regulators in some foreign countries.
(b) “ARCI Model Rules of Racing” means Version
4.2 of the set of standards and guidelines relating to horse and dog racing
prepared and approved by ARCI on March 26, 2008.
Source.
#6775, eff 6-23-98; ss by #8648-A,
eff 6-3-06; amd by #9403, eff 3-5-09
PART Pari 202
ADJUDICATIVE HEARINGS
Pari
202.01 Adoption by Reference. Except as otherwise provided herein, the
rules of the commission relating to adjudicative proceedings in
Source.
#6775, eff 6-23-98; ss by #8648-A,
eff 6-3-06; amd by #9403, eff 3-5-09
Pari
202.02 Amendments to ARCI Model Rules
of Racing. The following amendments
shall apply to the item incorporated in Pari 202.01:
(a) Amend ARCI-003-010 B. (1) by inserting the
number “10 days” in the blank space;
(b) Amend ARCI-003-010 C. (2) by inserting:
(1) The
phrase “10th” in the first blank space; and
(2)
The number “10” in the second blank space;
(c) Amend ARCI-003-010 D. (1) by:
(1)
Inserting the number “2 days” in the first blank; and
(2)
Deleting the second sentence;
(d) Amend
ARCI-003-010 F. (3) by deleting the phrase “the Act” and inserting the phrase
“RSA 284”;
(e) Amend ARCI-003-010 G. by deleting the phrase:
(1) In
paragraph (2)(b), “the Act” and inserting the phrase “RSA 284”; and
(2) In
paragraph (4), “NAPRA or”;
(f) Amend ARCI-003-010 G. (6) by inserting the
phrase “2 days” in the blank space;
(g) Amend ARCI-003-010 I. (2) by inserting the
phrase “10 days after the stewards’/judges’ ruling”;
(h) Amend ARCI-003-010 J. by deleting
subparagraph (4) and replacing it with the following:
(4)
The Commission may grant a stay for cause. The Commission shall notify the person in
writing of the decision. The Commission
may rescind a stay granted under this subsection for reasonable cause.
(i) Amend ARCI-003-015 B. (1) by inserting the
number “3” in the blank space;
(j) Amend ARCI-003-015 C. by:
(1)
Deleting the phrase “the Act” and inserting the phrase “RSA 284” in
paragraph (1);
(2) Deleting
the phrase “this jurisdiction’s civil procedures statute” and inserting the
phrase “RSA 516:16” in paragraph (3); and
(3)
Deleting paragraph (5);
(k) Amend ARCI-003-015 D. (5) by inserting the
phrase “3 days” in the blank space;
(l) Amend ARCI-003-015 D. (6) by inserting:
(1)
The phrase “5th” in the first blank space; and
(2)
The number “3” in the second blank space;
(m) Amend ARCI-003-015 G. (3) by inserting:
(1)
The number “5 days” in the first blank space; and
(2)
The phrase “5th” in the second blank space;
(n) Amend ARCI-003-015 I. by adding subparagraph
(4) reading as follows:
(4)
Upon the presiding officer’s own initiative or upon the motion of any
party, the presiding officer shall withdraw from any adjudicative proceeding
for good cause if the presiding officer:
(a)
Has a direct interest in the outcome of the matter, including but not
limited to, a financial or family relationship with any party;
(b)
Has made statements or engaged in behavior which objectively demonstrates
that he or she has prejudged the facts of the case; or
(c)
Personally believes that he or she cannot fairly judge the facts of the
case.
(o) Amend ARCI-003-015 L. (2) by:
(1)
Deleting the phrase “this jurisdiction” and inserting the phrase “
(2)
Deleting the phrase “this jurisdiction” and inserting the phrase “
(p) Amend ARCI-003-015 N. (4) by inserting the
number “5” in the first and second blank spaces;
(q) Amend ARCI-003-015 P. (1) by inserting the
phrase “10 days” in the blank space;
(r) Amend ARCI-003-015 P. (5) by deleting the
phrase “NAPRA or”;
(s) Amend ARCI-003-015 Q. by:
(1)
Deleting the phrase “The Administrative Procedure Act, __ Civil
Statutes, Art. __, Sec. __, pertaining to rehearing after Commission action, is
hereby incorporated by reference.”; and
(2)
Inserting the following subparagraphs (1) through (5):
“(1) A rehearing shall be before
a quorum of the commission.
(2) Within
30 days of the commission’s decision or order pursuant to ARCI-003-015 P., any
party or person directly affected may request a rehearing of any matter
determined in the proceeding or covered by the decision of order by submitting
a written motion to the commission specifying:
(a) The issues to be considered
at the rehearing; and
(b) Every ground on which it is
claimed that the decision or order is unlawful or unreasonable.
(3) An
objection to a motion for rehearing shall be submitted within 5 days of the
submission of the motion.
(4)
Within 10 days of the submission of the motion for rehearing, the
commission shall:
(a) Grant the motion;
(b) Deny the motion; or
(c) Suspend the commission’s
decision or order pending further consideration.
(5)
The commission shall grant the motion for rehearing if it determines
that, in the original hearing that the commission:
(a) Incorrectly assessed the
relevant evidence;
(b) Incorrectly applied the
relevant law; or
(c) Otherwise failed substantially
to comply with this chapter or acted in a manner which was unlawful or
unreasonable.”
(t) Delete ARCI-003-015 R. (2);
(u) Amend ARCI-003-020 (1)(a) by deleting the
phrase “this jurisdiction” and inserting the phrase “
(v) Amend ARCI-003-020 (3) by deleting the phrase
“this jurisdiction” and inserting the phrase “
Source.
#6775, eff 6-23-98; ss by #8648-A,
eff 6-3-06; ss by #9403, eff 3-5-09
Pari
202.03 Date of Issuance or Filing.
(a) All written documents governed by this part shall
be rebuttably presumed to have been issued on the date noted on the document.
(b) All written documents governed by this part shall
be rebuttably presumed to have been filed with the commission on the date of
receipt, as evidenced by a date placed on the document by the commission or its
staff in the normal course of business.
Source. #8648-A, eff 6-3-06
Pari
202.04 Format of Documents.
(a) All correspondence, pleadings, motions or
other documents filed shall:
(1)
Include the title and docket number, if known;
(2) Be
typewritten or clearly printed on durable paper 8 ½ 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.
(b) The signature of a party or the
representative of the party on a document filed with the commission 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 the purposes of delay.
Source. #8648-A, eff 6-3-06
Pari
202.05 Delivery of Documents.
(a) Delivery of documents relating to a proceeding
but not issued by the presiding officer or the commission 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 commission by
such person; and
(3)
Prepaid first class postage.
(b) Delivery of documents relating to a
proceeding and issued by the presiding officer or the commission shall be made
by mailing them in accordance with (a) above and using certified mail with
return receipt requested.
Source. #8648-A, eff 6-3-06
Pari 202.06 Computation of Time.
(a) Unless otherwise specified, all time periods referenced
in the commission’s rules shall be calendar days.
(b) Computation of any period of time shall begin
with the first day following the day on which the act that initiates such
period of time occurs and include the last day of the period so computed.
(c)
If the last day of the period falls on a Saturday, Sunday, or state
legal holiday, then the time period shall be extended to include the first
state business day following the Saturday, Sunday, or state legal holiday.
(d) When
the period prescribed or allowed is less than 7 days, intermediate Saturdays,
Sundays and state legal holidays shall be excluded from the computation.
Source. #9403, eff 3-5-09
PART Pari 203
PUBLIC COMMENTS IN RULEMAKING HEARINGS
Pari 203.01 Conduct of Hearings.
(a)
Rulemaking hearings shall be held by the commission in accordance with
RSA 541-A and RSA 91-A.
(b)
The commission shall hold at least one hearing on all proposed rules in
accordance with RSA 541-A:11.
Source. #6775,
eff 6-23-98; ss by #8648-A, eff 6-3-06
Pari 203.02 Public Comments.
(a)
Those attending a rulemaking hearing shall be allowed to present
testimony both orally and in writing.
The commission shall consider all such testimony and shall issue written
comments in accordance with RSA 541-A:11, VII, if so requested.
(b)
Those wishing to give oral testimony before a quorum of the commission
at the hearing on the date noticed in the NH rulemaking register shall fill out
a card indicating their name and address, the name and address of any
organization, entity or other person whom they represent, whether they are for
or against the proposed rule and the time needed to present oral testimony. The commission shall retain these cards as a
record of public response at the oral hearing.
Source.
#6775, eff 6-23-98; ss by #8648-A,
eff 6-3-06
PART Pari 204
RULEMAKING PETITIONS
Pari 204.01 Format. All petitions requesting the adoption,
amendment or repeal of any commission rule shall:
(a) Be in writing;
and
(b) State the
following:
(1) A
citation to the rule in question;
(2)
The action the petitioner wishes the commission to take; and
(3)
How such action will benefit any area regulated by the commission
pursuant to RSA 284:12, RSA 287-D:1-b, RSA 287-E:3 and RSA 287-E:18.
Source.
#6775, eff 6-23-98; ss by #8648-A,
eff 6-3-06; amd by #9403, eff 3-5-09
Pari 204.02 Response.
(a) The commission
shall respond to the petition as specified in RSA 541-A:4, I.
(b) The commission
shall grant a petition if it determines, based on the petition’s response to
Pari 204.01(b)(3), that such action will:
(1)
Benefit any area regulated by the commission pursuant to RSA 284:12, RSA
287-D:1-b, RSA 287-E:3 and RSA 287-E:18; and
(2)
Not result in:
a. A rule that is not within the rulemaking
authority of the commission;
b. Duplication of a rule or a statutory provision;
c. Inconsistency between the existing rules and
the statutory mandate of the commission;
d. Inconsistency of administrative rules one
with another; or
e. Excessive burden upon the commission in terms
of cost or a reduction in efficiency or effectiveness.
Source.
#6775, eff 6-23-98; ss by #8648-A,
eff 6-3-06; amd by #9403, eff 3-5-09
PART Pari 205
REQUESTS FOR DECLARATORY RULINGS
Pari
205.01 Requests for Declaratory
Rulings.
(a) Any individual
or entity may request a declaratory ruling by the commission if that individual
or entity is directly affected by the applicable statute or by any
administrative rule.
(b) A request for a
declaratory ruling shall be in a writing containing:
(1) The
name and address of the individual or entity making the request;
(2)
The text of the ruling being requested;
(3)
The reasons for the request; and
(4)
The following declaration signed by the individual making the request,
the authorized representative of such individual or the authorized
representative of the entity making the request:
“I declare that I have examined the request
for a declaratory ruling, including the accompanying documents, and state that,
to the best of my knowledge and belief, the facts presented in support of the
requested declaratory ruling are true, correct and complete.”
Source. #8648-A, eff 6-3-06
Pari
205.02 Documents Required to Support
Requests for Declaratory Rulings.
(a) A request for a declaratory ruling shall be
accompanied by:
(1) A
statement citing the statutory law, regulatory law and orders believed to
support the ruling being requested;
(2) A
statement of the facts believed to support the ruling being requested; and
(3)
Any supplementary material necessary to establish or clarity the facts
set forth in the statement of facts.
(b) A request for a declaratory ruling may be
accompanied by additional material chosen by the person making the request.
Source. #8648-A, eff 6-3-06
Pari
205.03 Processing Requests for
Declaratory Rulings.
(a) Within 60 days of receiving a request for a
declaratory ruling, the commission shall advise the individual or entity
requesting it if the ruling will be delayed by the need for additional
information or the complexity of the issues presented.
(b) If additional information should be needed,
the commission shall specify the additional information required and request
that it be provided in a statement of additional information that includes the
declaration specified in Pari 205.01(b)(4) and is accompanied by any material
necessary to establish or clarify the facts set forth in the statement.
Source. #8648-A, eff 6-3-06
Pari
205.04 Issuance and Publication of
Declaratory Rulings.
(a) Within 120 days of receipt of a request for a
declaratory ruling, the commission shall respond to the request by either:
(1)
Granting the request if facts sufficient to support a declaratory ruling
have been established and issuing a written declaratory ruling which applies
all relevant law to the established facts; or
(2)
Answering the request in writing containing a precise statement of the
commission’s reasons for denying the request.
(b) If the established facts show that the board
lacks subject matter or personal jurisdiction to issue a declaratory ruling,
the commission shall issue a written decision stating that it lacks
jurisdiction to issue a declaratory ruling and identifying the lack of
jurisdiction.
(c) 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. #8648-A, eff 6-3-06
Pari
205.05 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the
commission and to the individual requesting it and shall be confined to the
facts presented pursuant to Pari 205.02(a)(2) through (a)(3) and in response to
a request of the commission made pursuant to Pari 205.03(b).
Source. #8648-A, eff 6-3-06
PART Pari 206
EXPLANATION OF ADOPTED RULES
Pari
206.01 Requests for Explanation of
Adopted Rules. 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 commission
including:
(a) The name and address of the individual 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.
#8648-B, eff 6-3-06
Pari
206.02 Contents of Explanation. The commission shall, within 90 days of receiving
a request in accordance with Pari 206.01, 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 the commission did so, why the
commission overruled any arguments and considerations presented against the
rule.
Source.
#8648-B, eff 6-3-06
APPENDIX
RULE
|
STATUTE
|
|
|
|
|
Pari 201 |
RSA 541-A:16, I(b) and RSA
541-A:30-a
|
|
Pari 202 |
RSA 541-A:16,
I(b)(3) |
|
Pari 203 |
RSA 541-A:16,
I(c) |
|
Pari 204 |
RSA 541-A:16,
I(d) |
|
Pari 205 |
RSA 541-A:16,
I(b) and RSA 541-A:11, VII |
|
Pari 206 |
RSA 541-A:16,
I(b) |