CHAPTER Cul-H
200 PROCEDURAL RULES
PART Cul-H
201 RULEMAKING HEARINGS - EXPIRED
Statutory Authority: RSA 21-K:8, IV
Cul-H 201.01 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 commissioner
relative to rulemaking.
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Cul-H 201.02 Scope.
(a) These rules
shall apply to all hearings required by state law to be conducted by the commissioner
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.
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Cul-H 201.03 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 commissioner from giving greater notice than the
minimums set out in this part.
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Cul-H 201.04 Media Access.
(a) Public comment
hearings may be open to the print, broadcast, 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 placement of television cameras and microphones to certain
locations in the hearing room; and
(2) Prohibit interviews from being conducted within the hearing room during the
hearing.
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Cul-H 201.05 Moderator.
(a) The hearing
shall be presided over by a moderator who shall be the director 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 above;
(4) Recognize those who wish to be heard
and establish the order thereof;
(5) Limit the time for each speaker;
(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.
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Cul-H 201.06 Public Participation.
(a) Any person who
wishes to speak on the issue or issues that are the subject of the hearing
shall place their 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.
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 moderator
shall:
(1) Refuse to recognize a person who refuses to
give their 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 their comments relevant to the issue or issues that are the subject of the
hearing.
(c) Written comments
may be submitted any time from the time notice has been published until the
moderator has closed the record, which shall not be less than 10 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 the number that 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 of
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.
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PART Cul-H
202 RULEMAKING PETITIONS - EXPIRED
Cul-H 202.01 Petition for Rulemaking.
(a) Any person may
request the commencement of a proceeding for the purpose of adopting, amending,
or repealing a rule by filing a written petition that contains:
(1) The text of the proposed rule or a statement
of the particular results intended by the petitioner to flow from the
implementation of the proposed rule;
(2) An identification of the particular rule
sought to be amended or repealed;
(3) Any data or argument the petitioner believes
would be useful in deciding whether to commence a rulemaking proceeding; and
(4) Name, address, and signature of the petition
and the date.
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Cul-H 202.02 Division and Commissioner’s Response. Within 30 days of receiving a complete
rulemaking petition, the commissioner shall determine whether to grant or deny
the petition and the division shall notify the petitioner in writing of the
commissioner’s decision. If the commissioner
denies the petition, the division shall state, in writing, the commissioner’s
reason(s) for denial. If the commissioner
grants the petition, the commissioner shall approve the rule within 120 days of
receipt of the petition, draft the rule, and the division shall request a
fiscal impact statement under RSA 541-A:5.
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Cul-H 202.03 Division Notification and Decision.
(a) The commissioner
shall consider all petitions for rulemaking and proceed pursuant to RSA
541-A:4. The commissioner shall request additional data or argument from the
petitioner or other interested persons to clarify the merits of the petition.
(b) Within 30 days
of receipt, the division shall determine if the petition is complete, notify
the applicant of any errors or omissions, request any additional information
allowed by law, and supply the name, title, address, and telephone number of
the division person who can respond to the applicant’s questions.
(c) Within 120 days
after receipt of the original petition, or 120 days after receiving the
response to the division’s request for more information above, the commissioner
shall approve or deny the petition, or commence an adjudicative proceeding.
(d) The commissioner
shall grant the petition if the petition is within the authority of the
division, consistent with state statute and case law and will assist the
commissioner with the regulation and enforcement duties granted to the
division.
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PART Cul-H
203 DECLARATORY RULINGS. - EXPIRED
Statutory Authority: RSA
541-A:1, V; 541-A:16, II (d)
Cul-H 203.01 Petition for Declaratory Ruling.
(a) Any person may
request a declaratory ruling from the commissioner on matters within the
person’s jurisdiction by filing an original and 5 copies of a petition.
(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 commissioner to act;
(4) The action that the petitioner wishes the
commissioner to take; and
(5) The identification of any statutes, rules,
orders, or other authority that entitles the petitioner to request the
commissioner to act.
(c) A petition for
declaratory ruling shall 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.
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Cul-H 203.02 Disposition of Petitions for Declaratory
Rulings.
(a) The petitioner
shall provide such further information or participate in such evidentiary or
other proceedings as the commissioner shall direct after reviewing the petition
and any replies received.
(b) Upon review and
consideration of the complete petition the commissioner shall issue a written
ruling either granting or denying the petition with an explanation of the
factual and legal basis for granting or denying such petition within 90 days of
its receipt.
(c) The commissioner
shall reject a declaratory ruling petition if it is inadequate or beyond the
scope of the commissioner’s statutory authority.
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Cul-H 203.03 Issuance and Publication of Declaratory
Ruling. In accordance with RSA
541-A:16, II (b), declaratory rulings issued by the commissioner shall be filed
on the day of issue with the director of legislative services.
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PART Cul-H
204 ADJUDICATION OF DISPUTES - EXPIRED
Cul-H 204.01 Purpose and Scope.
(a) The purpose of
this part shall be to provide a process and procedure for the adjudication of
disputes relevant to programs, permits, and decisions relating to historic and archaeological
preservation. The provisions of these rules are intended to supplement the
procedures established by RSA 541-A and any other applicable statute.
(b) The procedure
required by this section is applicable to all division decisions affecting the
personal and property rights of individuals, groups, agencies, municipalities,
and organizations.
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Cul-H 204.02 Presiding Officer.
(a) All hearings
shall be conducted by a natural person appointed or authorized by the
commissioner to serve as a presiding officer.
(b) A presiding
officer shall, as necessary:
(1) Regulate and control the course of a hearing
and any related conferences;
(2) Pursuant to RSA 541-A:31, V (a) and RSA
541-A:38, facilitate an informal resolution of an appeal or, in the
alternative, designate an individual to act as an intermediary in order to
facilitate settlement;
(3) Administer oaths and affirmations;
(4) Issue subpoenas to compel the attendance of
witnesses at hearings or the production of documents, if so authorized by law;
(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 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.
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Cul-H 204.03 Withdrawal of Presiding Officer.
(a) Upon a presiding
officer’s own initiative or upon the motion of any party, a presiding officer
shall withdraw from any hearing where good cause is shown.
(b) Good cause shall
exist if a presiding officer:
(1) Has a direct interest in the outcome of a
proceeding, including but not limited to, a financial or family relationship,
within the third degree of relationship, with any party;
(2) Has made statements or engaged in behavior
that objectively demonstrates that he or she has prejudged the fact 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.
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Cul-H 204.04 Waiver or Suspension of Rules by Presiding
Officer. A 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 part, Cul-H
204, upon reasonable notice to affected persons when the proposed waiver or
suspension appears to be lawful and would more likely promote the fair,
accurate, and efficient resolution of issues pending before the agency than
would adherence to a particular rule or procedure.
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Cul-H 204.05 Date of Issuance or Filing.
(a) All written
documents governed by this part shall be presumed to have been issued on the
date noted on the document.
(b) All written
documents governed by these rules shall be presumed to have been filed with the
division on the actual date of receipt by the division, as evidenced by a date
stamp placed on the document by the division in the normal course of business.
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Cul-H 204.06 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 word processed, typewritten, or clearly
printed by hand using a pen on durable paper 8 ½ by 11 inches in size;
(3) Be signed by the party or proponent of the
document or, if the party appears by a representative, by the representative;
and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with the requirements for the delivery of documents.
(b) A party or
representative’s signature on a document filed with the division 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.
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Cul-H 204.07 Delivery of Documents.
(a) Copies of all
petitions, motions, exhibits, memoranda, or other documents filed by any party
to a proceeding governed by this part 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, division
or commissioner 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 the 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.
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Cul-H 204.08 Time Periods: Computation of Time.
(a) Unless otherwise
specified, all time periods referenced in this part shall be in calendar days.
(b) Computation of any
period of time referred to in this part 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.
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Cul-H 204.09 Motions; Objections.
(a) Motions shall be
in written form and filed with the presiding officer at least 30 days prior to
a scheduled hearing, unless made in response to a matter asserted for the first
time at a hearing or on the basis of information that 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 in writing within 15 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.
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Cul-H 204.10 Notice of Hearing.
(a) All hearings
shall be commenced by an order of the agency giving notice to the parties.
(b) 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 agency.
(c) A notice of
hearing issued by an agency 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; and
(5) A statement that each party has the right to
have an attorney represent him or her at his or her personal expense.
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Cul-H 204.11 Appearances and Representations. A party or the party’s representative shall
file an appearance that includes the following information:
(a) A brief
identification of the matter;
(b) A statement as
to whether or not the representative is an attorney and, if so, whether the
attorney is licensed to practice in
(c) The party or
representative’s daytime telephone number and address.
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Cul-H 204.12 Pre-Hearing Conferences. As necessary, the presiding officer shall
schedule on his or her own initiative or at the request of any involved party,
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; or
(g) Any other matters
which aid in the disposition of the proceeding.
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Cul-H 204.13 Role of Agency Staff and Complainants.
(a) Unless called as
witnesses, agency staff shall have no role in any enforcement or disciplinary
hearing.
(b) Unless called as
a witness, or granted party or intervenor status, a person who initiates an
adjudicative proceeding by complaining to the division about the conduct of a
person who becomes a party shall have no role in any enforcement or
disciplinary hearing.
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Cul-H 204.14 Intervention.
(a) A non-party may
intervene in a matter pending before an agency 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) Except as
limited by the presiding officer under RSA 541-A:32, III, an intervenor shall
be entitled to participate in a hearing as a party.
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Cul-H 204.15 Postponement Requests.
(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 party to
the hearing requests a postponement, 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.
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Cul-H 204.16 Failure to Attend Hearing. If any party to whom notice has been given in
accordance with Cul-H 204.10 fails to attend a
hearing, the presiding officer shall declare that party to be in default unless
failure to attend is justified by a showing of good cause.
(a) If any party to
whom notice has been given in accordance with Cul-H
204.10 fails to attend a hearing, the presiding officer shall declare that
party to be in default unless failure to attend is justified by a showing of
good cause.
(b) Good cause shall
include accident, illness or other circumstances beyond the control of the
party.
(c) In the absence
of good cause for failure to attend the hearing, the presiding officer shall:
(1) Dismiss the case, if the party with the
burden of proof fails to appear, or
(2) Hear the testimony and receive the evidence
offered by a party, if that party has the burden of proof in the case.
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Cul-H 204.17 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 Cul-H 204.18.
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Cul-H 204.18 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 30 days before
the date scheduled for the hearing, or as soon as possible after receiving the
notice of hearing if such notice is issued less than 30 days in advance of 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.
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Cul-H 204.19 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.
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Cul-H 204.20 Record of the Hearing.
(a) The division
shall record the hearing by tape recording or other method that will provide a
verbatim record.
(b) If any person
requests a transcript of the taped record, the division 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.
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Cul-H 204.21 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.
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Cul-H 204.22 Testimony and Order of Proceeding.
(a) Any person
offering testimony, evidence or arguments shall state for the record their
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; and
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
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Cul-H 204.23 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.
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Cul-H 204.24 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.
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Cul-H 204.25 Closing and Reopening 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 otherwise allowed by this section.
(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.
(c) 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.
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Cul-H 204.26 Decisions.
(a) If a presiding
officer has been delegated the authority to conduct a hearing in the absence of
the commissioner who is to render a final decision, the presiding officer shall
submit to the commissioner 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.
(b) If a proposal
for decision in a matter not personally heard by the commissioner is adverse to
a party to the proceeding other than the division itself, the division 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 agency.
(c) A proposal for
decision shall become a final decision upon its approval by the commissioner.
(d) The division
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.
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Cul-H 204.27 Filing and Content of Motion for Rehearing.
(a) The rules in
this section are intended to supplement any statutory provisions, including RSA
541, that require or allow a person to request a rehearing of a decision of an
agency prior to appealing the decision.
(b) The rules in
this section 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.
(c) A motion for
rehearing shall be filed within 30 days of the date of an agency decision or
order.
(d) 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 agency'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.
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Cul-H 204.28 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 commissioner’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 commissioner’s decision is illegal in
respect to jurisdiction, authority or observance of law, an abuse of discretion
or arbitrary unreasonable or capricious.
Source. #10218,
eff 10-30-12, EXPIRED: 7-1-18
Statutory Authority: RSA 21-K:8, IV
Cul-H 205.01 Requests
for Explanation of Adopted Rules.
Pursuant to RSA 541-A:11, VII, any interested person may, within 30 days of the final
adoption of a rule, request a written
explanation of that rule by making a written request to the commissioner
including:
(a) The name and address of the person making the
request; or
(b) If the request is that of an organization or
other entity, the name and address of such organization or entity, and the name
and address of the representative authorized by the organization or entity to
make the request.
Source. #10219, eff 10-30-12
Cul-H 205.02 Contents
of Explanation. The commissioner
shall, within 45 days of receiving a request in accordance with Cul-H 205.01, provide a written response which:
(a) Concisely states the meaning of the rule
adopted;
(b) Concisely states the principal reasons for
and against the adoption of the rule in its final form; and
(c) States, if applicable, why the commissioner
did not accept arguments and considerations presented against the rule.
Source. #10219, eff 10-30-12
Statutory Authority: RSA 541-A:22, IV; RSA 541-A:29
Cul-H 206.01 Waiver of Rules.
(a) The commissioner
shall waive the provisions of any rule, except where precluded by statute or by
Cul-H 204.04, upon request by an interested party if the committee finds that:
(1) The waiver serves the public interest; and
(2) The waiver will not disrupt the orderly and
efficient resolution of matters before the division.
(b) In determining
the public interest, the commissioner shall waive a rule if:
(1) Compliance with the rule would be onerous or
inapplicable given the circumstances of the affected person; or
(2) The purpose of the rule would be satisfied by
an alternative method proposed.
(c) Any interested
party seeking a waiver shall make a request in writing, except as provided in
(d) below.
(d) The commissioner
shall accept for consideration any waiver request made orally during a hearing
or pre-hearing conference.
(e) A request for a
waiver shall specify the basis for the waiver and the proposed alternative, if
any.
Source. #10219, eff 10-30-12
Appendix
Rule |
|
Cul-H 201 |
RSA 21-K:8, IV |
Cul-H 202 |
RSA 541-A:4, 5; RSA
541-A:12 |
Cul-H 203 |
RSA 541-A:1, V; 541-A:16,
II (d) |
Cul-H 204.01 |
RSA 227-C:5, XIX; RSA
541-A:31-36; RSA 541-A:30-a, I |
Cul-H 204.02 |
RSA 541-A:1 XIV; RSA
541-A: 30-a, III (k); RSA 541-A:31, V; RSA 541-A:31, VI; RSA 541-A: 38 |
Cul-H 204.03 |
RSA 541-A: 30-a, III (j) |
Cul-H 204.04 |
RSA 541-A: 30-a, III (j) |
Cul-H 204.05 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (a) |
Cul-H 204.06 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (a) |
Cul-H 204.07 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (a) |
Cul-H 204.08 |
RSA 541-A: 16, IV; RSA
541-A: 30-a, III (f) |
Cul-H 204.09 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (a); |
Cul-H 204.10 |
RSA 541-A: 16, |
Cul-H 204.11 |
RSA 541-A: 30-a, III (b);
RSA 541-A:31, V |
Cul-H 204.12 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (c); RSA 541-A: 31, V (d) |
Cul-H 204.13 |
RSA 541-A:30-a, III (g) |
Cul-H 204.14 |
RSA 541-A:30-a, III (g);
RSA 541-A:32 |
Cul-H 204.15 |
RSA 541-A: 30-a, III. (h) |
Cul-H 204.16 |
RSA 541-A: 16, |
Cul-H 204.17 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (c) |
Cul-H 204.18 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (c) |
Cul-H 204.19 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, III (c) |
Cul-H 204.20 |
RSA 541-A: 31, VI. (g),
VII |
Cul-H 204.21 |
RSA 541:13; RSA
541-A:30-a, III (d), (e) |
Cul-H 204.22 |
RSA 541-A: 16, I (b) (2);
RSA 541-A: 30-a, I; RSA 541-A: 32, III; RSA 541-A: 33, IV |
Cul-H 204.23 |
RSA 91-A:5; RSA 541-A:33 |
Cul-H 204.24 |
RSA 541-A: 16, RSA 541-A: 35 |
Cul-H 204.25 |
RSA 541-A:30-a, III (i) |
Cul-H 204.26 |
|
Cul-H 204.27 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, I, III (a); RSA 541-A: 31, IV |
Cul-H 204.28 |
RSA 541-A: 16, I (b); RSA
541-A: 30-a, I, III (a); RSA 541-A: 31, IV |
Cul-H 205 |
RSA 21-K:8, IV |
Cul-H 206 |
RSA 541-A:22, IV; RSA
541-A:29 |