CHAPTER
Cla 100
ORGANIZATIONAL RULES
PART
Cla 101
DEFINITIONS
Cla
101.01 "Agency" means
"agency" as defined in RSA 541-B:1, I, namely, "all departments,
boards, offices, commissions, institutions, other instrumentalities of state
government, including but not limited to the Pease development authority,
division of ports and harbors, the New Hampshire housing finance authority, the
New Hampshire energy authority, and the Pease development authority, and the
general court, including any official or employee of same when acting in the
scope of his or her elected or appointed capacity, but excluding political
subdivisions of the state."
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8508
eff 12-9-05
Cla
101.02 "Board'' means
"board" as defined in RSA 541-B:1, II, namely, "the board of
claims established by RSA 541-B:2."
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8508
eff 12-9-05
Cla 101.03
"Claim'' means "claim" as defined by RSA 541-B:1, II-a, namely,
"any request for monetary relief for either:
(a)
Bodily injury, personal injury, death or property damages caused by the
failure of the state or state officers, trustees, officials, employees, or
members of the general court to follow the appropriate standard of care when
that duty was owed to the person making the claim, including any right of
action for money damages which either expressly or by implication arises from
any law, unless another remedy for such claim is expressly provided by law; or
(b)
Property damages suffered by a state employee or official during the
performance of that employee's or official's duties while on state business
where compensation is appropriate under principles of equity and good
conscience."
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8508
eff 12-9-05
Cla 101.04 "Political subdivision'' means
"political subdivision" as RSA 541-B:1, VI, namely, "any village
district, school district, town, city, county or unincorporated place in the
state."
Source. #8508
eff 12-9-05
PART
Cla 102
DESCRIPTION OF THE AGENCY
Cla
102.01 Composition of the Board. The board consists of 5 members appointed in
accordance with RSA 541-B:3 for terms specified in RSA 541-B:4.
Source. #8508
eff 12-9-05
Cla 102.02 Responsibilities of the Board.
(a) The
responsibilities of the board are to investigate, conduct hearings upon, decide
and render or deny awards on claims against agencies within the jurisdictions
set forth in (b) below.
(b) With
the exception of claims described in RSA 541-B:19 and those specified in (c)
below, the board's jurisdictions are:
(1) Original and exclusive over claims not
exceeding $5,000, except those arising under workers' compensation,
unemployment compensation, eminent domain proceedings, RSA 110-B:73, RSA
207:23-a, RSA 228:29, and RSA 491:8; and
(2) Jurisdiction concurrent with the superior
court over claims in excess of $5,000 but not exceeding $50,000, except those
arising under workers' compensation, unemployment compensation, eminent domain
proceedings, RSA 110-B:73, RSA 207:22-25, RSA 228:29 and RSA 491:8.
(c) The
board's jurisdiction excludes claims against the department of corrections and
claims against
Source. #8508
eff 12-9-05
Cla 102.03 Meetings of the Board.
(a) The
board shall meet quarterly and at such additional times as its business
requires.
(b) The
time and place of the meetings shall be noticed to the public in accordance
with RSA 91-A:2, II.
(c)
Pursuant to RSA 541-B:8 a majority of the board shall constitute a
quorum to conduct hearings and a vote of at least a majority of the quorum
shall be required to adopt and approve any matter considered by it.
Source. #8508
eff 12-9-05
Cla 102.04 Records of Board Actions.
(a)
Minutes shall be kept of board meetings which are not hearings and of
official actions taken by the board.
(b) The
minutes shall record the members who participate in each vote and shall
separately record the position of members who concur, dissent or abstain.
(c)
Minutes of board actions which are not exempt from disclosure under RSA
91-A:3, II or RSA 91-A:5 shall be public records.
(d) A
recording shall be made of the board's hearings.
Source. #8508
eff 12-9-05
PART
Cla 103 PUBLIC
INFORMATION
Cla 103.01 Mailing Address, Telephone Number and
Access for TTY/TDD Users.
(a) The
office of the secretary of state shall be the office of record for the board.
(b) The
board’s mailing address is:
Board
of Claims
c/o
Secretary of State
State
House Room 204
(c) The
board's telephone number is (603) 271-3242.
(d)
Access for in-state TTY/TDD users is through Relay New Hampshire by
dialing 711 or by dialing 1-800-735-2964.
(e) Correspondence,
filings and other communications intended for the board shall be mailed to the
address set forth in (b) above.
(f)
Information may be obtained by using the numbers set forth in paragraphs
(c) and (d).
Source. #8508
eff 12-9-05
Cla 103.02 Inspection and Copies of Records.
(a) The
board shall make available records subject to public inspection under RSA 91-A
during weekday business hours at the office of the secretary of state.
(b)
Persons desiring to inspect or obtain copies of records shall identify
as specifically as possible the information being sought.
(c)
Persons desiring copies of written records other than transcripts of hearings
shall pay the actual costs of copying.
(d) Persons
desiring transcripts of hearings shall pay the costs of transcription, printing
of the transcript and mailing.
(e) If
records are requested which contain both public information and information
exempt from disclosure pursuant to RSA 91-A or other law, the board shall
delete the information exempt from disclosure and provide the remaining
information.
Source. #8508
eff 12-9-05
CHAPTER
Cla 200
PROCEDURAL RULES
PART
Cla 201 DEFINITIONS
Cla
201.01 “Adjudicative proceeding” means
“adjudicative proceeding” as defined in RSA 541-A:1,
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla
201.02 “Appearance" means a written
notification to the board that a party, an intervenor or the representative of
a party or intervenor intends to actively participate in an adjudicative
proceeding.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90 (see Cla 201.03)
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla 201.03 "Board'' means "board" as
defined in RSA 541-B:1, II, namely, "the board of claims established by
RSA 541-B:2."
Source. #5481, eff 11-1-92 (from Cla
201.02), EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla 201.04
“Chair” means the chair of the board of claims appointed pursuant to RSA
541-B:3, II, or the chair’s designee.
Source. #8509,
eff 12-09-05
Cla
201.05 "Claim'' means
"claim" as defined by RSA 541-B:1, II-a, namely, "any request for monetary relief for
either:
(a)
Bodily injury, personal injury, death or property damages caused by the
failure of the state or state officers, trustees, officials, employees, or
members of the general court to follow the appropriate standard of care when
that duty was owed to the person making the claim, including any right of
action for money damages which either expressly or by implication arises from
any law, unless another remedy for such claim is expressly provided by law; or
(b)
Property damages suffered by a state employee or official during the
performance of that employee's or official's duties while on state business
where compensation is appropriate under principles of equity and good
conscience."
Source. #8509,
eff 12-09-05
Cla
201.06 "Claimant'' means any person
or entity making a claim pursuant to RSA 541-B.
Source. #8509,
eff 12-09-05
Cla
201.07 “Declaratory ruling" means, pursuant
to RSA 541-A:1, V, a ruling by the board as to the specific applicability of
any procedural statutory provision, rule or order of the board.
Source. #8509,
eff 12-09-05
Cla 201.08
"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.
Source. #8509,
eff 12-09-05
Cla
201.09 "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.
Source. #8509,
eff 12-09-05
Cla
201.10 "Order" means, pursuant
to RSA 541-A:1, XI, the whole or part of the board's final disposition of a
matter other than a rule, but not including the board's decision to initiate,
postpone, investigate or process any matter, or to issue a complaint or
citation.
Source. #8509,
eff 12-09-05
Cla
201.11 “Person” means any individual,
partnership, corporation, association, governmental subdivision or public or
private organization of any character other than the board.
Source. #8509,
eff 12-09-05
Cla
201.12 "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."
Source. #8509,
eff 12-09-05
Cla
201.13 "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. #8509,
eff 12-09-05
Cla
201.14 “Public comment hearing” means a
proceeding held pursuant to RSA 541-A:11.
Source. #8509,
eff 12-09-05
Cla
201.15 "Record" means the
materials set forth in RSA 541-A:31, VI.
Source. #8509,
eff 12-09-05
Cla
201.16 “Rulemaking petition” means a
petition made pursuant to RSA 541-A:4, I.
Source. #8509,
eff 12-09-05
PART
Cla 202
CONSTRUCTION AND WAIVER OF RULES
Cla
202.01 Construction of Rules. Cla 202.02 through Cla 215 shall be construed to provide a prompt and
impartial determination of claims and challenges to payment or the dismissal of
claims.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla 202.02 Waiver
of Rules.
(a)
The board shall respond to the motion of a party or intervenor, or
request of the chair, for suspension or waiver of a requirement or limitation
imposed by Cla 200.
(b)
The board shall, by majority vote, waive any requirement or limitation
imposed by these rules when the suspension or waiver:
(1) Appears to be lawful; and
(2)
Is more likely to promote the fair and accurate resolution of the matter than
would adherence to the particular requirement or limitation.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
PART
Cla 203 TIME
PERIODS
Cla
203.01 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)
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. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
PART
Cla 204
COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; CHAIR AS
PRESIDING OFFICER; FUNCTIONS OF THE SECRETARY; PRE-HEARING CONFERENCES
Cla
204.01 Commencement of Adjudicative
Proceedings.
(a)
Adjudicative proceedings shall be commenced by giving the parties and
the attorney general the written notice described in (b) below at least 10 days
before the hearing.
(b)
The notice shall contain:
(1) The names and addresses of the parties;
(2)
A statement of the time, place and nature of the hearing;
(3) A statement of the time and place of the
pre-hearing conference, if any has been scheduled;
(4) A statement of the legal authority under
which the hearing is to be held;
(5) A reference to the particular sections of the
statutes and rules which are relevant;
(6) A short and plain statement of the issues;
and
(7) A statement that each party has the right to
have representation by an attorney at the party’s own expense.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla
204.02 Appearances.
(a)
If the claimant is not represented by an attorney, the claim form filed
pursuant to Cla 302.02(b) shall constitute the
appearance of the claimant.
(b)
If the claimant is represented by an attorney, the claimant or the
claimant’s attorney shall submit an appearance containing the following
information:
(1) The docket number assigned to the claim by
the board or other brief identification of the claim; and
(2) For both the claimant and the attorney:
a. The name and daytime address; and
b. The telephone number and e-mail address.
(c)
Those permitted pursuant to Cla 212 to
intervene shall file an appearance containing the information required by (b)
above.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla
204.03 Chair’s Functions as Presiding
Officer.
(a)
The chair shall preside over hearings and pre-hearing conferences.
(b)
Upon the chair’s own initiative, or upon the motion of any party or
intervenor, the chair shall withdraw for good cause.
(c)
Good cause shall exist if the chair:
(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 demonstrate that he or she has prejudged the facts of the case; or
(3) Believes that he or she cannot fairly preside
over the matter.
(d)
Mere knowledge of the issues or acquaintance with any party, intervenor
or witness shall not constitute good cause for withdrawal.
(e)
The chair shall:
(1) Regulate and control the course of the
hearing;
(2) Facilitate settlement of the issues;
(3) Administer oaths and affirmations;
(4) Receive evidence having a reasonably
probative value and exclude irrelevant, immaterial or unduly repetitious
evidence;
(5) Rule on procedural requests made by motion or
on the chair’s own initiative;
(6) Question witnesses to the extent required to
make a full and fair record; and
(7) 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. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla
204.04 Functions of the
(a)
The clerk of the board shall:
(1) Arrange for the recording of hearings and the
provision of transcripts in accordance with Cla 211;
(2) When instructed to do so by the board, issue
subpoenas on behalf of the board in accordance with Cla
208.01(a); and
(3) Conduct hearings in the absence of the chair.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New.
#5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla
204.05 Pre-Hearing Conference and
Pre-Hearing Statement.
(a)
The chair shall require the parties, or their authorized representatives,
to appear at a pre-hearing conference held before the hearing if such a
conference would aid in:
(1) Facilitating settlement;
(2) Simplifying or resolving issues, including
making stipulations as to undisputed facts, if any;
(3) Determining the nature and quantity of the
evidence to be presented at hearing;
(4) Determining compliance with discovery
requests;
(5) Determining compliance with any previous
orders issued by the chair or the board;
(6) Resolving dispositive motions; or
(7) Otherwise advancing the efficiency of the
proceedings.
(b)
The chair shall require submission of a written pre-hearing statement
when:
(1) The claimant is represented by an attorney;
and
(2) Such a statement would assist in clarifying
the disputed and undisputed issues.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
PART
Cla 205
FILING, FORMAT AND DELIVERY OF DOCUMENTS
Cla
205.01 Dates 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 board on the
date of receipt, as evidenced by a date placed on the document by the board or
its staff in the normal course of business.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla
205.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other documents relating to an
adjudicative proceeding and filed with the board 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 Cla 205.03.
(b)
The signature of a party or intervenor or the attorney of the party or
the intervenor 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. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
Cla
205.03 Delivery of Documents.
(a)
Written motions, exhibits, memoranda or other documents relating to an
adjudicative proceeding shall be:
(1) Filed in the form of an original and 4
copies; and
(2) Delivered in single copy and in accordance
with (c) below to all other parties and intervenors.
(b)
Notices, orders, decisions or other documents issued by the chair or the
board shall be delivered to all parties and intervenors.
(c)
Delivery of documents relating to an adjudicative 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 board by such person; and
(3) Prepaid first class postage.
(d)
When a party or intervenor is represented by an attorney, delivery of a
document to the party's or intervenor’s attorney either in hand or at the
address stated on the appearance shall constitute delivery to the party or
intervenor.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90
New. #5481, eff 11-1-92, EXPIRED: 11-1-98
New. #8509,
eff 12-09-05
PART
Cla 206
MOTIONS AND OBJECTIONS
Cla
206.01 Motions; Objections to
Motions; Ruling on Motions.
(a)
Motions shall be in filed in written form, 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 chair finds that the motion
requires additional information in order to be fully and fairly considered, the
chair shall direct the proponent to submit the motion in writing and provide
supporting information.
(c)
Except as otherwise provided in this chapter, objections to written
motions shall be filed within 10 days of receipt 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)
Unless otherwise specified in this chapter, the chair shall not hold a
hearing on any motion unless the chair determines that a hearing is necessary
to obtain information or to clarify an issue.
(f)
The chair shall rule upon a motion after full consideration of all
objections and applicable law.
Source. #8509,
eff 12-09-05
PART
Cla 207
DISCOVERY
Cla
207.01 Requests for Information and
Documents.
(a)
Parties or intervenors seeking information or documents from other
parties or intervenors shall:
(1) Make a request for production of such
information and documents; and
(2) Allow 30 days for compliance with their
requests.
(b)
Parties and intervenors shall attempt in good faith to make complete and
timely response to requests for information and documents.
Source. #8509,
eff 12-09-05
Cla
207.02 Motions to Compel Production
of Information and Documents.
(a)
Parties or intervenors wishing to enforce a request made pursuant to Cla 207.01(a) after receiving a refusal or after the
expiration of the 30 days allowed for compliance shall seek a discovery order
by:
(1) Filing a motion for the discovery order with
the secretary of state at the following address:
Board
of Claims
c/o
Secretary of State
State
House Room 204
(2) Mailing a copy of such motion to the other
parties and intervenors.
(b)
Parties or intervenors opposing a motion for a discovery order shall do
so in a written objection filed within 10 days of receipt of the motion.
(c)
The chair shall grant or deny a motion for a discovery order:
(1) Without a hearing; or
(2) After a hearing, if one is requested by any
party.
(d)
The chair shall grant a motion for a discovery order if the discovery
sought is necessary for an expeditious, full and fair presentation of evidence
at the hearing.
(e)
Failure to comply with a discovery order shall be grounds for
conditional default or dismissal of the claim as set forth in Cla 207.03.
Source. #8509,
eff 12-09-05
Cla
207.03 Failure to Comply With the
Board’s Discovery Order.
(a)
Failure of a party to comply fully with the board’s discovery order within
the time specified in the order shall result in:
(1) A conditional default of the party failing to
comply; or
(2) Dismissal of the claim in accordance with (d)
below.
(b)
The board shall lift a conditional default issued pursuant to (a) above
if the board determines that the failure fully to comply with the discovery
order was not the result of a willful disregard for the order but the result
of:
(1) Inadvertence; or
(2) An inability to comply.
(c)
If the time required for the board to make the determination called for
by (b) above requires postponement of the hearing of the claim, the board shall
postpone the hearing pursuant to Cla 210.02(a)(2).
(d)
If the board determines that the claimant’s failure to comply fully with
the board’s discovery order was the result of willful disregard for the order,
the board shall dismiss the claim.
(e)
A claimant whose claim has been dismissed pursuant to (d) above is
entitled to a hearing challenging the dismissal of the claim.
Source. #8509,
eff 12-09-05
PART
Cla 208
SUBPOENAS
Cla
208.01 Issuance of Subpoenas.
(a)
When necessary for full and fair adjudication of the issues, the board
shall issue subpoenas, including subpoenas duces tecum, requiring the
attendance of witnesses and the production of books, papers and documents.
(b)
Parties to an adjudicative proceeding wishing to compel the attendance
of witnesses or the production of books, papers or documents shall:
(1) Issue their own subpoenas; or
(2) Request by motion the issuance of subpoenas
by the board.
Source. #8509,
eff 12-09-05
Cla
208.02 Vacation or Modification of
Subpoena Issued by the Board.
(a)
Any witness summoned by a subpoena issued by the board may petition the
board to vacate or modify the subpoena.
(b)
Promptly upon receipt of a petition under (a) above, the board shall
forward a copy of the petition to the party requesting the subpoena by motion.
(c)
After consideration of the petition and any objection filed by the party
requesting the subpoena, the board shall:
(1) Vacate the subpoena upon the determination
that:
a. The testimony of the witness summoned or the
materials produced in compliance with the subpoena would be:
1. Privileged; or
2. Immaterial to the issues presented by the
adjudicative proceeding;
b. Compliance with the subpoena would be
unreasonably burdensome; or
c. The subpoena is otherwise unreasonable or
unlawful; or
(2) Modify the subpoena upon the determination that
any deficiencies described in (1) above can be corrected by modifying the
subpoena without vacating it.
Source. #8509,
eff 12-09-05
Cla
208.03 Enforcement of Subpoena Issued
by the Board. Upon the failure of
any person to comply with a subpoena issued by the board, the board or the
party who requested the subpoena, if either wishes to enforce the subpoena,
shall apply to any superior court for an order of compliance.
Source. #8509,
eff 12-09-05
PART
Cla 209
DISCLOSURE OF WITNESSES AND EXHIBITS
Cla
209.01 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits.
At least 5 days before the hearing, the parties and intervenors shall
provide to the other parties and intervenors:
(a)
A list of all witnesses to be called at the hearing containing the names
of the witnesses, their addresses and their telephone numbers;
(b)
Brief summaries of the testimony of the witnesses to be called;
(c)
A list of documents and exhibits to be offered as evidence at the
hearing;
(d)
A copy of each document to be offered as evidence at the hearing; and
(e)
An offer to allow the inspection of non-documentary exhibits to be
offered as evidence at the hearing at times and places of convenience to the
parties and intervernors.
Source. #8509,
eff 12-09-05
PART
Cla 210
RESCHEDULING THE HEARING
Cla
210.01 Withdrawal of Claim.
(a)
Upon the withdrawal of a claim the board shall discontinue without
prejudice to the claimant proceedings which have already begun, so long as the
board does not determine that the withdrawal of the claim is made in bad faith.
(b)
If the board determines that the withdrawal of the claim is made in bad
faith, the board shall discontinue the proceedings with prejudice.
(c)
The withdrawal of the claim shall be determined to be in bad faith if:
(1) The claimant withdraws the claim late in the
proceedings merely to frustrate the defense of the claim or for the purpose of
unnecessary delay; or
(2) The agency claimed against makes a showing
that it would be unfairly prejudiced by being required to defend against the
claim should it be brought at a later date.
Source. #8509,
eff 12-09-05
Cla
210.02 Postponement of the Hearing.
(a)
A scheduled hearing shall be postponed:
(1) By agreement of the parties, intervenors, if
any, and the chair;
(2) On the request of the board; or
(3) On a written motion to continue granted by
the chair.
(b)
A written motion to continue shall be:
(1) Filed at least 10 days before the scheduled
date of the hearing; and
(2) Be accompanied by a certification that the
proponent has made all reasonable efforts to obtain the concurrence of the
other parties and intervenors.
(c) An objection to a motion to continue shall be
filed:
(1) Within 10 days of receipt of the motion; or
(2) Within 5 days if the motion was filed within
2 weeks of the scheduled date of the hearing.
(d)
Failure to object within the time limits in (c) above shall constitute a
waiver of the right to object to a motion to continue.
(e)
The chair shall grant a motion to continue when:
(1) The motion is assented to by both parties; or
(2) In balancing the potential harm to each
party, the chair concludes that the principles of justice and equity favor the
granting of the continuance.
(f)
If the hearing is rescheduled, the board shall, pursuant to RSA
541-B:11, IV, give at least 10 days’ notice of the date, time and place of the
rescheduled hearing to:
(1) The claimant;
(2) The agency claimed against; and
(3) The office of the attorney general.
Source. #8509,
eff 12-09-05
PART
Cla 211
RECORDING THE HEARING; TRANSCRIPTS
Cla
211.01 Recording the Hearing.
(a) There shall be a stenographic recording of the
hearing unless a stenographer is unavailable, in which case the secretary shall
arrange for recording the hearing by tape recording, video recording or any
other method that will provide a verbatim record.
(b)
The board shall retain a copy of the verbatim recording of the hearing
for at least 30 days after the opportunity for administrative and judicial
appeals has been exhausted.
Source. #8509,
eff 12-09-05
Cla
211.02 Transcripts.
(a)
If any person requests a transcript of the recording of a
hearing, the board shall:
(1) Notify the claimant of the cost of the
transcript;
(2) Upon receipt of payment for the cost of the
transcription, cause a transcript to be prepared; and
(3) Upon completion of the transcript either
forward the transcript to the claimant or provide notice of where it can be
picked up.
(b)
Any party may record the hearing and have a transcript made at the
party’s expense, but only the transcript made by the board shall be the
official transcript of the proceeding.
Source. #8509,
eff 12-09-05
PART
Cla 212
INTERVENTION
Cla
212.01 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 chair; and
(3) Be mailed in copy form to all parties
identified in the notice commencing the proceedings.
(b) A petition for intervention shall be granted
by the chair if the petitioner complied with (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 chair shall grant a petition for intervention at any time if:
(1) The petitioner complied with (a) above; and
(2) The chair determines that the intervention
sought would be in the interests of justice and would not impair the orderly
and prompt conduct of the proceedings.
(d)
The chair shall state in the order granting a petition for intervention:
(1) Any limitations imposed on the intervenor’s
participation in the proceedings; and
(2) The reasons for such limitations.
Source. #8509,
eff 12-09-05
Cla
212.02 Effect of Intervention and
Rights of an Intervenor.
(a)
Approval of intervention by the chair 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
chair pursuant to RSA 541-A:32, III.
(c)
An intervenor shall take the proceeding as he or she finds it and no
portion of the proceeding shall be repeated because of the fact of
intervention.
Source. #8509,
eff 12-09-05
PART
Cla 213
HEARING PROCEDURE
Cla
213.01 Consolidation of Claims. The board shall consolidate for hearing the
separate claims of a claimant’s insurer for reimbursement of the sum paid to a
claimant and of the claimant for the related deductible if to do so would
increase the efficiency and accuracy of the determination of either of the
claims.
Source. #8509,
eff 12-09-05
Cla
213.02 Testimony and the Presentation
of Non-Testimonial Evidence.
(a)
The chair shall direct the course of the hearing and accept testimony on
the facts and the law relating to the claim.
(b)
Any individual offering testimony, evidence or arguments shall state for
the record his or her name and role in the hearing. If the individual
represents another person, the person being represented shall also be
identified.
(c)
The chair shall permit the parties and intervenors to make opening and
closing arguments:
(1) If the board determines that such statements
will increase the efficiency of the hearing; and
(2) At the time during the proceedings designated
by the chair.
(d)
The order of testimony and the presentation of non-testimonial evidence,
to the extent that such testimony and non-testimonial presentation of evidence
takes place, shall be as follows:
(1) The claimant’s testimony and presentation of
non-testimonial evidence as well as the testimony and presentation of
non-testimonial evidence of the claimant’s witnesses;
(2) Cross examination by the agency claimed
against of a testifying claimant and the claimant’s testifying witnesses;
(3) Questioning by the board of the testifying
claimant and the claimant’s testifying witnesses;
(4) The testimony and presentation of
non-testimonial evidence given on behalf of the agency claimed against;
(5) Cross examination by the claimant of those
testifying on behalf of the agency claimed against;
(6) Questioning by the board of those testifying
on behalf of the agency claimed against; and
(7) Testimony and the presentation of
non-testimonial evidence on behalf of intervenors in accordance with conditions
imposed pursuant to RSA 541-A:32, III.
(e) The chair shall summarize for the record the
information and allegations of the claim when it is apparent that the claimant
is having difficulty presenting the claim in a distinct and coherent fashion.
Under such circumstances the claimant shall have the opportunity to augment the
chair’s summarization with such additional admissible evidence or information
as does not otherwise exist in the pleadings or the record.
Source. #8509,
eff 12-09-05
Cla
213.03 Evidence.
(a)
The chair shall determine the admissibility of evidence, subject to
being overruled by a majority of the board members present and voting.
(b)
The rules of evidence used in courts shall not apply.
(c)
Any testimonial or non-testimonial evidence which is relevant, material,
and not unduly repetitious or cumulative shall be admissible.
(d)
The rules of privilege recognized under
the laws of
(e) Scientific or technical evidence shall be
introduced through the testimony of an individual with sufficient expertise to
reasonably ensure the reliability of the evidence offered. Questions regarding
the qualifications of the individual presenting such evidence shall go to the
weight the evidence is given in the final disposition of the claim.
(f)
Unless otherwise agreed by the parties, statements made at a pre-hearing
conference shall not be admissible.
(g)
Any objections to the admission of evidence shall be made at the time of
the hearing. If they are not made at the time of the hearing, they shall be
deemed to have been waived.
(h)
Transcripts of testimony and non-testimonial evidence admitted into
evidence shall be public records unless the chair determines that all or part
of them is exempt from disclosure under RSA 91-A:5 or applicable case law.
Source. #8509,
eff 12-09-05
Cla
213.04 Standard and Burden of Proof.
The party or intervenor asserting a proposition shall bear the burden of
proving the truth of the proposition by a preponderance of the evidence.
Source. #8509,
eff 12-09-05
Cla
213.05 Briefs.
(a) The board shall accept briefs
of fact and law when submitted by parties or intervenors in accordance with (c)
below.
(b)
The chair shall require briefs of fact and law upon a determination that
their receipt would advance the fairness and speed of adjudication.
(c)
Briefs shall be submitted as follows:
(1) To the board:
a. In the form of an original and 5 copies; and
b. Including certification of delivery to each
party and intervenor in accordance with (2) below;
(2) To each party and intervenor in the form of a
copy delivered in accordance with Cla 205.03(c); and
(3) If the briefs are required by the chair
pursuant to (b) above, on the date designated in an order of the board.
Source. #8509,
eff 12-09-05
PART Cla
214 DISPOSITION
Cla
214.01 Disposition of the Claim Upon
Failure to Appear.
(a)
If the claimant fails to appear, the board shall receive an offer of
proof from the agency claimed against as to its defense or position with regard
to the claim. The board shall decide the claim based upon the materials
submitted by the claimant and the offer of proof provided by the agency, unless
the claimant's failure to appear was due to lack of notice, mistake or
misfortune.
(b)
If the claimant's failure to appear was the result of lack of notice,
mistake or misfortune, but not due to neglect, the board shall reschedule the
hearing.
(c)
Failure of the agency claimed against to appear shall result in the
issuance of an order of default. The board shall strike the default on the
determination that the agency’s failure to appear was due to lack of notice,
mistake or misfortune but not due to neglect.
Source. #8509,
eff 12-09-05
Cla
214.02 Orders.
(a)
The board shall issue its decision in a written order delivered to:
(1)
The claimant;
(2) The agency claimed against, if it was not
represented;
(3) The attorney general; and
(4) The secretary of state.
(b)
An order on a contested claim shall include:
(1) The amount of the payment on the claim, if
any;
(2) A brief explanation of the facts supporting
the order; and
(3) Rulings of applicable law.
Source. #8509,
eff 12-09-05
Cla
214.03 Payments on Claims. Board orders authorizing the payment of
claims shall be subject to the limitation on payments and interest on payments
set forth in RSA 541-B:14, I through III.
Source. #8509,
eff 12-09-05
Cla
214.04 Attorney Fees.
(a)
Attorney’s fees shall be:
(1) Approved by the board;
(2) Reasonable and fair given:
a. The difficulty of the claim and the nature,
length and complexity of the services performed by the attorney;
b. The usual and customary charge for work of
like kind; and
c. The claimant’s actual recovery; and
(3) Paid either by the claimant or from the
proceeds of any award.
(b)
Upon receiving the order of the board approving the client’s claim, the
attorney shall:
(1) Submit to the board a fee request including:
a. A statement of the fee charged; and
b. Documentation supporting it; and
(2) Submit to the attorney general copies of the
same materials.
(c)
If the attorney general objects to the fee request the attorney general
shall do so in writing within 5 days of receipt of the request.
(d)
Upon receipt of a written objection from the attorney general, the board
shall make a decision on the fee request:
(1) Taking into account the submissions of the
attorney making the request and the objection of the attorney general; and
(2) Applying the standards in (a)(2) above.
Source. #8510, eff 12-09-05, EXPIRED: 12-9-13
PART Cla
215 REHEARINGS
Cla
215.01 Rehearing.
(a) Within 30 days of a decision or order any party
or person directly affected may request rehearing of any matter determined in
the proceeding or covered by the decision or order by submitting a written
motion:
(1) Identifying each error of fact, error of reasoning,
or error of law that the moving party wishes to have reconsidered;
(2) Describing how each error causes the board’s
decision to be:
a. Unlawful, unjust or unreasonable;
b. Illegal in respect to jurisdiction, authority
or observance of the law;
c. An abuse of discretion; or
d. Arbitrary, unreasonable or capricious;
(3) Stating concisely the factual findings,
reasoning or legal conclusion proposed by the moving party; and
(4) Accompanied by any argument or memorandum of
law the moving party wishes to file.
(b)
The party or person directly affected seeking rehearing shall mail a
copy of the motion for rehearing to all parties and intervenors.
(c) Any objections to a motion for rehearing shall
be submitted within 10 days of the date of receipt of the motion for rehearing.
(d) No order of payment shall be issued prior to
the expiration of the 30 day time period provided for filing a motion for
rehearing.
(e) Within 10 days of the submission of a motion
for rehearing, the board shall suspend the decision or order complained of
pending the denial of the motion for rehearing, completion of the rehearing or
final resolution of any appeal.
(f) Within 10 days of submission of the motion
for rehearing, the board, if it has received either an objection or a notice of
no objection, shall employ the standards in (h) below to either grant or deny
the motion for rehearing.
(g) If the board has not yet granted or denied
the motion for rehearing when the time specified in (c) above for submitting an
objection has expired, the board shall employ the standards in (h) below to do
so.
(h) The board shall grant the motion for
rehearing if it determines that, in the original hearing, it:
(1) Incorrectly assessed the relevant evidence;
(2) Incorrectly applied the relevant law; or
(3) Failed substantially to comply with this
chapter.
Source. #8509,
eff 12-09-05
PART
Cla 216
RULEMAKING
Cla
216.01 Petitions for Rulemaking.
(a)
Anyone may seek the adoption, amendment or repeal of a rule by
submitting to the board a petition pursuant to RSA 541-A:4.
(b)
Each petition for rulemaking shall contain:
(1) 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;
(2) A statement of the purpose of the petition,
whether the adoption, amendment or repeal of a rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought,
identification of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board
when deciding whether to begin the rulemaking process.
Source. #8509,
eff 12-09-05
Cla
216.02 Disposition of Petitions for
Rulemaking.
(a)
The board shall request additional information or argument from the
petitioner for rulemaking or from others if such additional information or
argument is required to reach a decision.
(b)
The board shall grant the petition for rulemaking if the adoption,
amendment or repeal sought would not result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5) Excessive burden upon the board in terms of
cost or a reduction in efficiency or effectiveness.
(c) Within 30 days of receipt of a sufficient
petition the board shall dispose of it in the following manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d)
The denial of a petition for rulemaking shall not entitle the petitioner
to a hearing.
Source. #8509,
eff 12-09-05
PART
Cla 217 PUBLIC
COMMENT HEARINGS
Cla
217.01 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. #8509,
eff 12-09-05
Cla
217.02 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 Cla 217.03.
(b)
Individuals 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 be accepted for 10 days after the adjournment of a
hearing or after the adjournment of a postponed or continued hearing.
Source. #8509,
eff 12-09-05
Cla
217.03 Limitations on Public
Participation. The chair shall:
(a)
Refuse to recognize for speaking or revoke the recognition of anyone
who:
(1) Speaks or acts in an abusive or disruptive
manner;
(2) Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
(3) Restates more than once what he or she has
already stated; and
(b) 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.
Source. #8509,
eff 12-09-05
Cla
217.04 Media Access. Public comment hearings shall be open to
print and electronic media, subject to the following limitations when such
limitations are necessary to allow a hearing to go forward:
(a)
Limitation of the number of media representatives when their number
together with the number of members of the public present exceeds the capacity
of the hearing room;
(b)
Limitation on the placement of cameras to specific locations within the
hearing room; or
(c)
Prohibition of interviews conducted within the hearing room before or
during the hearing.
Source. #8509,
eff 12-09-05
Cla
217.05 Conduct of Public Comment
Hearings.
(a)
Public comment hearings shall be attended by a quorum of the board.
(b)
Public comment hearings shall be presided over by the chair.
(c)
The chair shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the
subject matter of the hearing and 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 pursuant to Cla 217.03 and Cla 217.04;
(6) If necessary to permit the hearing to go
forward in an orderly manner, effect the removal of an individual who speaks or
acts in a manner that is personally abusive or otherwise disrupts the hearing;
(7) If necessary, postpone or move the hearing;
and
(8) Adjourn or continue the hearing.
(d)
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 members of the public wishing to attend the hearing
will be unable to do so;
(2) There is no quorum of the board due to
illness or unavoidable absence; or
(3) Postponement will facilitate greater
participation by the public.
(e)
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.
(f)
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 individual 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. #8509,
eff 12-09-05
PART
Cla 218
DECLARATORY RULINGS
Cla
218.01 Requests for Declaratory
Rulings.
(a)
Any person may request a declaratory ruling by the board if:
(1) That person is directly affected by RSA 541-B
or by any rule of the board; and
(2) The facts presented in accordance with Cla 218.02(a)(2) as the basis for the declaratory ruling
are not the facts of a claim pending before the board or of a claim which can
reasonably be anticipated to be submitted to the board.
(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. #8509,
eff 12-09-05
Cla
218.02 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) Supplementary material necessary to establish
or clarify 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. #8509,
eff 12-09-05
Cla
218.03 Processing Requests for
Declaratory Rulings.
(a)
Within 30 days of receiving a request for a declaratory ruling the board
shall advise the person 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 board shall specify the additional information required and request that it
be provided in a statement of additional information that includes the
declaration specified in Cla 218.01(b)(4) and is
accompanied by any material necessary to establish or clarify the facts set
forth in the statement.
Source. #8509,
eff 12-09-05
Cla
218.04 Issuance and Publication of
Declaratory Rulings.
(a)
When facts sufficient to support a declaratory ruling have been
established, the board shall issue a written declaratory ruling which applies
all relevant law to the established facts.
(b)
When the established facts show that the board lacks subject matter or
personal jurisdiction to issue a declaratory ruling, the board 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. #8509,
eff 12-09-05
Cla
218.05 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the board
and to the person requesting it and shall be confined to the facts presented
pursuant to Cla 218.02(a)(2)-(a)(3) and in response
to a request of the board made pursuant to Cla
218.03(b).
Source. #8509,
eff 12-09-05
PART
Cla 219 EXPLANATION
OF ADOPTED RULES
Cla
219.01 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 board 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. #8510, eff 12-09-05, EXPIRED: 12-9-13
Cla
219.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Cla 220.01, 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 board did so, why the board overruled
any arguments and considerations presented against the rule.
Source. #8510, eff 12-09-05, EXPIRED: 12-9-13
CHAPTER
Cla 300 CLAIMS
PART
Cla 301
DEFINITIONS
Cla
301.01 “Chair” means the chair of the
board of claims appointed pursuant to RSA 541-B:3, II, or a member of the board
designated by the chair.
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
Cla
301.02 "Claim'' means
"claim" as defined by RSA 541-B:1, II-a, namely, "any request
for monetary relief for either:
(a) Bodily injury, personal injury, death or
property damages caused by the failure of the state or state officers,
trustees, officials, employees, or members of the general court to follow the
appropriate standard of care when that duty was owed to the person making the
claim, including any right of action for money damages which either expressly
or by implication arises from any law, unless another remedy for such claim is
expressly provided by law; or
(b) Property damages suffered by a state employee
or official during the performance of that employee's or official's duties
while on state business where compensation is appropriate under principles of
equity and good conscience."
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
Cla
301.03 "Claimant'' means any person
who makes a claim pursuant to RSA 541-B.
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
PART
Cla 302 MAKING
CLAIMS, RESPONDING TO CLAIMS AND THE PROCESSING OF CLAIMS.
Cla
302.01 Scope.
(a) This chapter shall apply to monetary claims
which:
(1) Are of the following types:
a. Claims not exceeding $50,000, with the
exception of :
1. The following types of claims without
reference to the sum claimed:
(i) Workers' compensation
claims;
(ii) Unemployment compensation claims; and
(iii) Claims in eminent domain proceedings;
2. Claims against the department of corrections
for less than $500; and
3. Claims against
b. Claims described in RSA 541-B:21 arising out
of incidents occurring after July 1, 1988 in clinical services provided to the
department of health and human services; and
c. Claims described in RSA 541-B:21-a arising
out of incidents occurring after June
21, 2000 in clinical services provided to the department of corrections;
(2) Are brought within 3 years of the date of the
alleged:
a. Bodily injury;
b. Personal injury;
c. Property damage; or
d. Wrongful death resulting from bodily injury;
and
(3) Are not subject to the following exceptions
set forth in RSA 541-B:19:
a. Claims based upon the exercise of a
legislative or judicial function;
b.
Claims based upon an act or omission of a state officer, employee or official
when such officer, employee or official is exercising due care in the execution
of any statute or administrative rule;
c. Claims based upon the exercise or performance
or the failure to exercise or perform a discretionary executive or planning
function or duty on the part of:
1. The state;
2. Any state agency; or
3. A state officer, employee or official acting
within the scope of his or her office or employment; and
d. Claims arising out of an intentional tort,
including assault, battery, false imprisonment, false arrest, intentional
mental distress, malicious prosecution, malicious abuse of process, libel,
slander, misrepresentation, deceit, invasion of privacy, interference with
advantageous relations, or interference with contractual relations, provided
that:
1. The employee whose conduct gives rise to the
claim reasonably believed at the time of the acts or omissions complained of,
that the employee’s conduct was lawful; and
2. The acts complained of were within the scope
of official duties of the employee.
(b) The claims of a claimant’s insurer for
reimbursement of the sum paid to a claimant and of the claimant for the related
deductible sum shall be separate claims.
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
Cla 302.02 Preparation
of a Claim.
(a) A claimant shall prepare a claim by:
(1) Completing the claim form described in (b)
below; and
(2) Attaching the documents described in (c)
below.
(b) The claimant shall provide the following
information on a claim form furnished by the secretary of state:
(1) The name and address of the claimant;
(2) The name and address of the attorney for the
claimant, if any;
(3) The name of the agency claimed against;
(4) The date of the incident giving rise to the
claim;
(5) The amount claimed;
(6) The circumstances surrounding the claim; and
(7) The claimant's theory of liability.
(c) The claimant shall attach to the completed
claim form copies of:
(1) Bills and receipts supporting the amount
claimed; and
(2) Any other relevant documents supporting the
claim.
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
Cla
302.03 Filing the Claim. The
claimant shall file the claim by submitting:
(a) To the agency complained against, one copy of
the completed claim form and supporting documents; and
(b) To the secretary of state at the address
stated in (c) below:
(1) Three copies of the completed claim form and
supporting documents; and
(2) If the claim
is for an amount greater than $5,000.00, payment of a fee in the amount of
$25.00.
(c) The filing address shall be:
Board
of Claims
Secretary
of State
State
House Room 204
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
Cla
302.04 Responding to the Claim.
(a) Upon receiving a copy of a claim the agency
claimed against shall identify the date scheduled for the hearing of the claim
by inquiring of the secretary of state.
(b) Within 30 days of the receipt of a
claim, or at least 10 days before the scheduled hearing of the claim, which ever comes first, the agency claimed against shall:
(1) Respond to the claim in a written answer
setting forth any defenses the agency may wish to raise; and
(2) Do so by:
a. Mailing one copy of its response to the
claimant; and
b. Filing 3 copies with the secretary of state
at the address stated in Cla 302.03(c).
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
Cla
302.05 Processing the Claim.
(a)
The board shall examine the completed claim form and the attached
documents to ascertain whether the claim is complete.
(b) f the claim is not complete, the board shall,
within 60 days of receipt of the claim:
(1) Notify the claimant of any apparent errors or
omissions;
(2) Request any missing information or documents;
and
(3) Notify the claimant of the name, official
title, address and telephone number of the individual who may be contacted
regarding the matter.
(c)
Upon receipt of the completed claim, the board shall:
(1) Authorize payment of the claim if the claim
is uncontested;
(2) Dismiss the claim pursuant to (d) below; or
(3) Begin an adjudicative proceeding if:
a. The claim is contested; or
b. The claim is uncontested but the following
circumstances prevail:
1. The board requires additional information to
determine its jurisdiction over the claim; or
2. The board requires information not obtained
through the process of requesting it pursuant to (b)(2) above.
(d) The board shall administratively dismiss a
claim if the claim is plainly outside the jurisdiction of the board.
(e) The board’s order dismissing a claim shall
include:
(1) Notice to the claimant of the dismissal and
of the claimant's right to request a hearing of the matter;
(2) The record of the vote dismissing the claim;
and
(3) Notice to the claimant of entitlement to
reimbursement of any filing fee paid.
(f) The board shall issue its administrative
decision in the form of a written order delivered to:
(1) The claimant;
(2) The agency claimed against;
(3) The attorney general; and
(4) The secretary of state.
(g) The board’s order on a claim on which payment
is administratively approved shall include:
(1) The amount of the award; and
(2) The record of the vote approving the claim.
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
Cla
302.06 Claimant’s Right to an
Adjudicative Hearing. A claimant shall be entitled to a hearing under the
following circumstances:
(a) When the claim has not been administratively
approved;
(b) When the claim has been administratively
approved in an amount different from the amount claimed; or
(c) For the purpose of determining the board's
jurisdiction when the claimant wishes to challenge dismissal of the claim
pursuant to Cla 302.05(d).
Source. #8511, eff 12-09-05, EXPIRED: 12-9-13
APPENDIX
RULE |
STATUTE |
|
|
Cla 101 |
RSA 541-A:7 |
|
|
Cla 102.01 |
RSA 541-B:3; RSA
541-B:4 |
Cla 102.02 |
RSA 541-B:19;
RSA 541-B:9, I-V-a |
Cla 102.03(a) |
RSA 541-B:11, IV
and V |
Cla 102.03(b) |
RSA 541-B:8 |
Cla 102.04(a) |
RSA 91-A:2, II;
RSA 541-A:16, I(a) |
Cla 102.04(b) |
RSA 541-A:16,
I(a) |
Cla 102.04(c) |
RSA 91-A:2, II; |
Cla 102.04(d) |
RSA 541-A:16,
I(a); RSA 541-A:16, I(b)(2) |
|
|
Cla 103.01 |
RSA 541-A:16,
I(a) |
Cla 103.02 |
RSA 91-A:4 |
|
|
Cla 201 |
RSA 541-A:7 |
|
|
Cla 202.01 |
RSA 541-A:7 |
Cla 202.02 |
RSA 541-A:30-a, III(j) |
|
|
Cla 203 |
RSA 541-A:30-a, III(f) |
|
|
Cla 204.01 |
RSA 541-A:30-a, I; RSA 541-A:31, III |
Cla 204.02 |
RSA 541-A:30-a, III(b) |
Cla 204.03(a) |
RSA 541-A:30-a, I; RSA 541-B:10, I |
Cla 204.03(b) (c)
and (d) |
RSA 541-A:30-a, III(k) |
Cla 204.03(e) |
RSA 541-A:30-a, I; RSA 541-B:10, I |
Cla 204.04 |
RSA 541-A:30-a, I; RSA 541-B:10, I |
Cla 204.05 |
RSA 541-A:30-a, III(a) |
Cla 204.06 and Cla 207 |
RSA 541-A:30-a, I; RSA 541-B:10, I |
|
|
Cla 208.01 |
RSA 541-B:10, III; RSA 541:30-a, I |
Cla 208.02 |
RSA 541-B:10, III; RSA 541-B:11, VI; RSA 541:30-a, I |
Cla 208.03 and Cla 208.04 |
RSA 541-B:10, III; RSA 541:30-a, I |
|
|
Cla 209 |
RSA 541-A:30-a, III(c) |
|
|
Cla 210.01 |
RSA 541-A:30-a, I; RSA 541-B:10, I |
Cla 210.02 |
RSA 541-A:30-a, III(h) |
|
|
Cla 211, Cla 212 and Cla 213 |
RSA 541-A:30-a, I; RSA 541-B:10, I |
|
|
Cla 213.01 and Cla 213.02 |
RSA 541-A:30-a, I; RSA 541-B:10, I |
Cla 213.03(a)-(g) |
RSA 541-B:10, II |
Cla 213.03(h) |
RSA 541-B:11, VII |
Cla 213.04 |
RSA 541-A:30-a, III(d) and (e) |
Cla 213.05 |
RSA 541-A:30-a, I; RSA 541-B:10, I |
|
|
Cla 214.01,
214.02 and 214.03 |
RSA 541-A:30-a, I; RSA 541-B:10, I |
Cla 214.04 |
RSA 541-B:11, VI; RSA 541-B:18; RSA 541-A:16, I(b) |
|
|
Cla 215 |
RSA 541-B:10, I and IV |
|
|
Cla 216 |
RSA 541-A:16, I(c) |
Cla 217 |
RSA 541-A:16, I(b)(3) |
|
|
Cla 218 |
RSA 541-A:16, I(d) |
|
|
Cla 219 |
RSA 541-A:11, VII |
|
|
Cla 301 |
RSA 541-A:7 |
Cla 302.01(a) |
RSA 541-B:9; RSA
541-B:21, I and III; RSA 541-B:21-a, I and III; RSA 541-B:14, IV; RSA
541-B:19 |
Cla 302.01(b) |
RSA 541-B:10, I |
Cla 302.02 |
RSA 541-B:10, I |
Cla 302.03(a) |
RSA 541-B:11, I |
Cla 302.03(b)(1) |
RSA 541-B:11,
III |
Cla 302.03(b)(2) |
RSA 541-B:17 |
Cla 302.03(c) |
RSA 541-B:11,
III; RSA 541-A:7 |
Cla 302.04 |
RSA 541-B:10, I |
Cla 302.05 |
RSA 541-A:1, IV |
|
|