CHAPTER Gal 200  PROCEDURAL RULES

 

PART Gal 201  DEFINITIONS

 

          Gal 201.01  Definitions.

 

          (a)  “Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541-A:1, I, namely “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

 

          (b)  “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 or that an individual is represented in another proceeding or process of the board.

 

          (c)  “Complainant” means the person who signs the complaint form specified in Gal 203.01.

 

          (d)  “Contested case” means “contested case” as defined in RSA 541-A:1, IV, namely, “a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.”

 

          (e)  “Court personnel” means a judge, clerk of court or any other person employed within the judicial branch of government.

 

          (f)  “Declaratory ruling” means, pursuant to RSA 541-A:1, V, a ruling by the board as to the specific applicability of any statutory provision or of any rule or order of the board.

 

          (g)  “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.

 

          (h)  “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.

 

          (i)  “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.

 

          (j)  “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.”

 

          (k)  “Person” means “person” as defined by RSA 541-A:1, XIII, namely “any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the board.”

 

          (l)  “Presiding officer” means, pursuant to RSA 541-A:1, XIV, that individual to whom the board has delegated the authority to preside over a proceeding, if any; otherwise it means the chair of the board.

 

          (m)  “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.

 

          (n)  “Public comment hearing” means a proceeding held pursuant to RSA 541-A:11.

 

          (o)  “Record” means, in a contested case, the materials set forth in RSA 541-A:31, VI.

 

          (p)  “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.

 

Source.  #8940, eff 9-15-07

 

PART Gal 202  DISPUTE RESOLUTION AND CONSTRUCTION OF RULES

 

          Gal 202.01  Principles of Dispute Resolution.  The board shall resolve by agreement or by a decision disputes regarding matters within the scope of RSA 490-C and the administrative rules implementing that statute.

 

Source.  #8940, eff 9-15-07

 

          Gal 202.02  Construction of Rules.  Parts Gal 204 - Gal 213 shall be construed to secure the just, accurate and efficient resolution of all disputes.

 

Source.  #8940, eff 9-15-07

 

          Gal 202.03  Right to A Hearing.  Any person having a dispute with the board shall be entitled to a hearing of the dispute if:

 

          (a)  The legal rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and

 

          (b)  Constitutional, statutory or case law requires the board to hold a hearing before determination of those rights, duties or privileges.

 

Source.  #8940, eff 9-15-07

 

PART Gal 203  ALLEGATIONS OF MISCONDUCT

 

          Gal 203.01  Procedures for Submission and Initial Processing of Allegations of Misconduct by Certified and Formerly Certified Guardians ad Litem.

 

          (a)  Persons, including court personnel, who wish to complain to the board of misconduct by a board-certified guardian ad litem, or about the conduct of a formerly certified guardian ad litem who allegedly engaged in prohibited acts while certified by the board, shall submit to the board an original and 3 copies of a written complaint on a form provided by the board including the information described in (b) below.

 

          (b)  On the form noted in (a) above, the person making the complaint shall provide the following information:

 

(1)  The complainant’s name, street address, and, if different, mailing address;

 

(2)  The complainant’s daytime telephone number;

 

(3)  The complainant’s e-mail address, if any;

 

(4)  The name of the guardian ad litem complained against;

 

(5)  The business address and telephone number of the guardian ad litem complained against;

 

(6)  A specification of the particular section heading or headings of Gal 500 of the administrative rules of the guardian ad litem board that the complainant contends the guardian ad litem has violated;

 

(7)  An identification of the specific statute, rule, guideline, protocol or order alleged to have been violated, if the complainant alleges that the guardian ad litem has violated Gal 503.01 (f), or any other provision of Gal 500 of the administrative rules of the guardian ad litem board that refers to statutory provisions, rules of court, guidelines, protocols, or orders applicable to the guardian ad litem;

 

(8)  A brief description of the action, omission, or event about which the complaint is being made;

 

(9)  The beginning and ending dates of the action, omission, or event about which the complaint is being made;

 

(10)  Whether the case, proceeding or activity in which the guardian ad litem was involved that gave rise to the complaint was:

 

a.  A proceeding involving abuse and neglect;

 

b.  A proceeding involving termination of parental rights;

 

c.  A proceeding involving children in need of services (“CHINS”);

 

d.  A delinquency proceeding;

 

e.  A criminal action;

 

f.  A proceeding in a marital, custody, or parental rights and responsibilities case; or

 

g.  Another matter, together with a brief statement of the nature of the matter, action, case, proceeding, or activity at issue;

 

(11)  Whether or not the matter about which the complaint is being made has been brought to the attention of any court and, if so, the name of the court and a brief description of any proceeding in that court relative to the matter complained of;

 

(12)  If the matter complained of stems from a court case in which the guardian ad litem complained against was appointed, the role in that case of the person who is making this complaint against the guardian ad litem;

 

(13)  Whether or not the matter complained of stems from the actions of a guardian ad litem in a case:

 

a.  In which a trial or judicial proceeding is in progress;

 

b.  In which the guardian ad litem complained against is presently performing, or is under a duty to perform, activities, regardless of whether a trial or judicial proceeding is in progress;

 

c. Which is pending on an appeal relating to issues within the scope of the guardian ad litem’s appointment, regardless of whether a trial or judicial proceeding is in progress; or

 

d. In which the period to appeal issues within the scope of the guardian ad litem’s appointment has expired;

 

(14)  An attached list of the supporting material submitted in conjunction with the complaint under paragraph (c) below;

 

(15)  In the case of complaints submitted to the board by court personnel acting in their official capacities, a specification of what documents, facts, or other materials connected with the complaint are confidential in nature, together with a specification of the statute, court rule, order or other authority under which the documents, facts, or other material is made confidential;

 

(16)  The name of the person signing the complaint, legibly completed using a typewriter or electronic device which creates printed characters;

 

(17)  The signature of the person submitting the complaint certifying the following in a statement preprinted on the form:

 

a.  The information provided on the complaint form is true and accurate, to the best of the complainant’s knowledge;

 

b.  The supporting materials submitted in conjunction with the complaint are complete, unaltered, and accurate copies of the material listed; and

 

c.  The complainant acknowledges that, pursuant to RSA 641:3, knowingly making a false representation on the complaint form is punishable as a misdemeanor; and

 

(18)  The date of the signature described in subparagraph (17) above.

 

          (c)  In addition to the complaint form, the complainant shall simultaneously submit to the board:

 

(1)  Copies, but not originals, of any documents which he or she believes directly relates to the complaint, as listed under subparagraph (b) (14) above; and

 

(2)  Copies of the guardian ad litem order of appointment, guardian ad litem stipulation, all guardian ad litem reports, and all court orders.

 

          (d)  A complaint form shall:

 

(1)  Be completed using a keyboard or legibly in ink;

 

(2)  Be signed by the complainant and not be anonymous; and

 

(3)  Have all sections completed or designated as not applicable to the complainant.

 

          (e)  Within 60 days of the receipt of a complaint form, the board, through its personnel, representative, or staff, shall notify the complainant, if identified in the complaint, in a writing bearing the date issued:

 

(1)  Of any failure to provide material in accordance with paragraphs (a) through (d) above; and

 

(2)  That failure to provide specified material within 30 days will result in the complaint  being dismissed.

 

          (f)  If, within 30 days after the date of a notification under paragraph (e) above, the material specified in the notice is not provided, the complaint shall be dismissed and the complainant, if identified in the complaint, shall be so notified.

 

Source.  #8941, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 except for paras. (a), (b)(6), (b)(16), and (d)(1); ss by #11074, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12009, eff 10-21-16

 

          Gal 203.02  Procedures and Investigations Upon Filing of Complaints.

 

          (a)  Within 120 days of the receipt of a complaint meeting the requirements of Gal 203.01 (a) through (d) above, or within 120 days of receiving a full, timely and complete response to any request for additional information under Gal 203.01 (e) and (f) above, the board shall either begin an investigation or dismiss the complaint under the standards set forth in Gal 203.03 (a).

 

          (b)  The board shall notify the complainant in a dated writing if it concludes either that the complaint will be further investigated or that it will be dismissed and, in the case of a dismissal, shall provide a brief statement of the reason for dismissal.

 

          (c)  If the board concludes that a complaint will be further investigated, it shall provide the guardian ad litem who is the subject of the complaint with:

 

(1)  A written and dated notification that an investigation is being conducted into the complainant’s allegations;

 

(2)  An answer form to be executed by the guardian ad litem in accordance with paragraphs (e) and (f) below;

 

(3)  A copy of the complaint and list of supporting documents; and

 

(4)  Written notice that supporting documents filed in connection with the complaint are available for review at the board’s office during normal business hours.

 

          (d)  The material provided to the guardian ad litem under (c) above shall be provided either:

 

(1)  In hand; or

 

(2)  By postage prepaid first class United States mail.

 

          (e)  A guardian ad litem who has been forwarded a notification under paragraph (c) above shall provide the board with an original and 9 copies of an executed answer form within 30 days of the date appearing on the board’s written notification.

 

          (f)  On an answer form provided by the board, the guardian ad litem shall:

 

(1)  Provide his or her name;

 

(2)  Identify the complaint to which the response pertains;

 

(3)  Either:

 

a.  Address the specific allegations made in the complaint; or

 

b.  Indicate that he or she elects not to submit a substantive answer to the allegations at this time;

 

(4)  Provide a list of supporting materials, if any, submitted in conjunction with the answer form and attach copies of those documents thereto;

 

(5)  Provide his or her signature certifying the following in a statement preprinted on the form:

 

a.  The information provided in the answer is true and accurate, to the best of the signer’s knowledge;

 

b.  The supporting materials, if any, submitted in conjunction with the answer are complete, unaltered, and accurate copies of the material listed; and

 

c. The signer acknowledges that, pursuant to RSA 641:3, knowingly making a false representation on the answer form is punishable as a misdemeanor.

 

          (g)  Upon its own initiative or upon motion of the guardian ad litem against whom a complaint is filed, the board shall extend the 30-day response period specified in paragraph (e) above if it concludes that:

 

(1)  Due to circumstances beyond the control of the guardian ad litem, 30 days is an insufficient period of time in which to respond to the allegations made by the complainant;

 

(2)  Requiring an answer to the complaint within 30 days would interfere with pending court proceedings, a criminal proceeding or a criminal investigation; or

 

(3)  To do so would be likely to advance the just and fair resolution of the matter.

 

          (h)  In addition to the procedures for the filing of answers under the foregoing rules, the board shall utilize such additional procedures for the investigation of complaints, if any, as it concludes:

 

(1)  Will most effectively elicit reliable information regarding the subject matter of the particular complaint; and

 

(2)  Are not contrary to law.

 

          (i)  A complainant or guardian ad litem whose address changes during the pendency of a complaint shall notify the board of his or her new address.

 

Source.  #8941, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (b)-(d) and (f)-(i); ss by #11074, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12009, eff 10-21-16

 

          Gal 203.03  Dismissal of Complaints and Oral Argument on Dismissal of Complaints.

 

          (a)  The board shall dismiss a complaint, at any time, in a written and dated notice to the complainant and the guardian ad litem complained against, when it concludes that:

 

(1)  The complainant failed to file additional information after receiving notice that the complaint was incomplete, pursuant to Gal 203.01(e)(2) or (f);

 

(2)  The board has no authority to regulate the actions or omissions about which the complaint has been made;

 

(3)  The allegations in the complaint, taken as true, do not constitute misconduct under RSA 490-C, the rules of the board, any order of the board, or any statute which is within the authority of the board to enforce;

 

(4)  The actions alleged were purportedly committed by a guardian ad litem prior to the time of the adoption of any rule by the board prohibiting the conduct at issue;

 

(5)  The actions were allegedly undertaken at a time when the guardian ad litem was not certified by the board;

 

(6)  The complaint addresses action by a particular guardian ad litem that the complainant has already previously brought to the attention of the board, and on which the board has previously acted;

 

(7)  The complaint has been filed for the purpose of disrupting or delaying the progress of a matter then pending in a court;

 

(8)  The complaint has been filed for the purpose of attempting to motivate a guardian ad litem to violate his or her ethical obligations, including, but not limited to, the obligation that he or she reach an independent conclusion about what is in the best interest of the recipient of services or such other matter as may be required by the orders or instructions of the appointing court;

 

(9)  Pursuant to RSA 490-C:4, I (g), the complaint relates to the actions of a guardian ad litem in a case in which a trial or judicial proceeding is in progress, unless the board, for good cause, votes to proceed immediately with such complaint;

 

(10)  The complaint:

 

a.  Stems primarily from the guardian ad litem’s representation of the interests of a person other than the complainant; and

 

b.  Was filed 3 or more years after the end of the case in which the alleged act or omission occurred;

 

(11)  The complaint:

 

a.  Stems primarily from the guardian ad litem’s representation of the interests of the complainant; and

 

b.  Was filed:

 

1.  Three or more years after the end of the case in which the alleged act or omission occurred; or

 

2.  If the complainant was a minor or incompetent person, 3 or more years after the complainant’s incompetency or minority ended; or

 

(12)  The complaint:

 

a.  Does not stem primarily from the guardian ad litem’s representation of the interests of a particular person; and

 

b.  Was filed 3 or more years after the acts or omissions giving rise to the complaint.

 

          (b)  The board shall not dismiss a complaint under subparagraph (a) (10), (11) or (12) above if it concludes that during the period of limitation the complainant neither knew, nor under the circumstances should have known, of the acts or omissions alleged to constitute misconduct. In such cases, the complaint shall be dismissed if filed 3 or more years from the date on which the complainant knew, or under the circumstances should have known, of the alleged misconduct.

 

          (c)  A complainant whose complaint has been dismissed or not accepted for filing may request a hearing by filing with the board, within 30 days of the date of the dismissal, a written request for oral argument.

 

          (d)  Upon receipt of a timely written request for oral argument, the board shall schedule such argument.

 

          (e)  The oral argument on dismissal shall:

 

(1)  Not be evidentiary in nature, unless the board determines that evidence is necessary in order for it to understand or fairly assess the complainant’s argument;

 

(2)  Relate solely to whether or not the board’s dismissal was proper according to the applicable standards for dismissal;

 

(3)  Consist of not more than 10 minutes of oral argument by the complainant or his or her representative, unless the board concludes that additional time or argument from other individuals is needed in order for it to understand or fairly assess the complainant’s argument; and

 

(4)  Consist of argument which:

 

a.  Is presented in a manner that is not abusive or disruptive;

 

b.  Is relevant to the specific purpose for which the oral argument was scheduled; and

 

c.  Does not restate a matter that has already once been stated.

 

          (f)  The board shall terminate any oral argument that it concludes violates subparagraph (e) (4) above.

 

          (g)  Within 45 days of the close or termination of an oral argument on dismissal, the board shall specify whether or not the dismissal will be stricken and, if the dismissal is stricken, upon what conditions, if any, the complaint will proceed.

 

Source.  #8941, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11074, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12009, eff 10-21-16

 

          Gal 203.04  Emergency Suspension of Certification.

 

          (a)  The board shall suspend a certification pending adjudicative proceedings when it specifically finds that public health, safety, or welfare requires such emergency action.

 

          (b)  If the board makes such a specific finding, it shall:

 

(1)  Immediately suspend the certification pending an adjudicative hearing of the issues or a settlement with the certified individual or entity; and

 

(2)  Deliver to the certified individual or entity an order reciting its finding and the suspension of certification by:

 

a.  Certified mail with return receipt requested; and

 

b.  Any additional method determined to be necessary to give prompt notice of the board's action to the certified individual or entity.

 

          (c)  If the board makes such a specific finding it shall also notify the administrative office of the courts.

 

          (d)  Within 10 days of delivering the notice described in (b) above, the board shall:

 

(1)  Commence an adjudicative hearing; or

 

(2)  Issue an order of settlement in accordance with Gal 213.01.

 

Source.  #9523, eff 10-1-09; ss by #11074, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12009, eff 10-21-16

 

PART Gal 204  CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES

 

          Gal 204.01  Presiding Officer.

 

          (a)  Hearings shall be conducted by a presiding officer designated by the board.

 

          (b)  The presiding officer shall, as necessary:

 

(1)  Regulate and control the course of the hearing;

 

(2)  Facilitate settlement of the dispute that is the subject of the hearing;

 

(3)  Administer oaths and affirmations;

 

(4)  Request that the board issue subpoenas to compel the attendance of witnesses or the production of documents or things;

 

(5)  Receive relevant evidence and exclude irrelevant, immaterial or unduly repetitious evidence;

 

(6)  Rule on procedural requests at the request of a party or intervenor or on the presiding officer's own motion;

 

(7)  Question anyone who testifies to the extent required to make a full and fair record;

 

(8)  Arrange for recording the hearing as specified in RSA 541-A:31, VII; 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 and in accordance with all applicable laws and orders regarding the confidentiality of information.

 

Source.  #8940, eff 9-15-07

 

          Gal 204.02  Withdrawal and Recusal of Presiding Officer.

 

          (a)  Upon his or her own initiative or upon the motion of any party, complainant, or intervenor, the presiding officer shall withdraw from any adjudicative proceeding if there exists good cause for him or her to do so.

 

          (b)  Good cause shall exist if:

 

(1)  The presiding officer personally believes that he or she cannot fairly judge the facts of the case; or

 

(2)  There exist facts that would create in the mind of a disinterested and objective person who is fully informed of those facts a perception that the presiding officer’s ability to carry out his or her responsibilities fully, fairly and impartially would be impaired.

 

          (c)  If a presiding officer declines to withdraw upon motion of any party, complainant or intervenor, the person submitting the motion may request review of the presiding officer’s decision by the board.

 

          (d)  Upon receipt of a request for review under paragraph (c) above, the board shall order that the presiding officer be recused if it concludes that there exist facts that would create in the mind of a disinterested and objective person who is fully informed of those facts a perception that the presiding officer’s ability to carry out his or her responsibilities fully, fairly and impartially would be impaired.

 

          (e)  Mere knowledge of the issues or acquaintance with any party, complainant, intervenor or witness shall not constitute good cause for withdrawal.

 

Source.  #8940, eff 9-15-07

 

          Gal 204.03  Waiver or Suspension of Rules by Presiding Officer or Board.

 

          (a)  The presiding officer or the board, upon the motion of any party, complainant or intervenor, or on his, her or its own initiative, shall suspend or waive any requirement or limitation imposed by Parts Gal 204 through Gal 213 when the suspension or waiver:

 

(1)  Appears to be lawful; and

 

(2)  Is more likely to promote the just and efficient resolution of the pending dispute than would adherence to the particular requirement or procedure.

 

          (b)  A presiding officer’s determination regarding waiver or suspension under (a) above shall be final unless modified or reversed by the board.

 

Source.  #8940, eff 9-15-07

 

PART Gal 205  TIME PERIODS

 

          Gal 205.01  Computation of Time.

 

          (a)  Computation of any period of time referred to in this chapter shall begin with the date on the letter which sets the time period in motion, and shall include the last day of the period so computed.

 

          (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.  #8940, eff 9-15-07; amd by #12009, eff 10-21-16

 

PART Gal 206  FILING, FORMAT AND DELIVERY OF DOCUMENTS

 

          Gal 206.01  Date 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.  #8940, eff 9-15-07

 

          Gal 206.02  Format of Documents.

 

          (a)  Except in the case of complaints, answers to complaints and other matters for which the filing of a specified form is required, all correspondence, pleadings, motions or other documents filed shall:

 

(1)  Include the title and docket number of the matter, 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 required under Gal 206.03.

 

          (b)  The signature of a party or intervenor, or the representative 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.

 

          (c)  The provisions of subparagraph (a) (4) above regarding certification of delivery of copies shall not apply if the presiding officer or board determines that compliance is not required under Gal 206.03 (e).

 

Source.  #8940, eff 9-15-07

 

          Gal 206.03  Delivery of Documents.

 

          (a)  Except in the case of the filing of complaints and answers to complaints, delivery of which shall be in accordance with Gal 203.01 and Gal 203.02, and except as provided in paragraph (e) below:

 

(1)  Copies of all motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to the board or its presiding officer and to all other parties and intervenors; and

 

(2)  All notices, orders, decisions or other documents issued by the presiding officer or the board shall be delivered to all parties and intervenors.

 

          (b)  Delivery of documents relating to a proceeding but not issued by the presiding officer or the board shall be made either in hand or by depositing into the United States mail a copy of the document in an envelope bearing:

 

(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.

 

          (c)  Delivery of documents relating to a proceeding and issued by the presiding officer or the board shall:

 

(1)  Be by mailing in accordance with (b) above; and

 

(2)  In the case of documents relating to a pending disciplinary proceeding, be by mailing in accordance with (b) above and also by certified mail with return receipt requested.

 

          (d)  When a party, complainant or intervenor appears by an attorney or other representative, delivery of a document to the party's, complainant’s or intervenor’s representative either in hand or at the address stated on the appearance filed by the representative shall constitute delivery to the party, complainant or intervenor.

 

          (e)  Upon the board’s, or if there is a presiding officer assigned to the matter, the presiding officer’s, own initiative, or upon the motion of any party, intervenor, witness or other interested person, the board or presiding officer shall waive the requirement that particular correspondence, pleadings, motions, exhibits, memoranda, or other documents be delivered to all parties or intervenors if the board or presiding officer concludes that such delivery of material would be likely to:

 

(1)  Result in the public dissemination of information that arose in a court proceeding that was not open to the public;

 

(2)  Result in the public dissemination of information in a manner prohibited by court order;

 

(3)  Be contrary to the best interests of a recipient of guardian ad litem services;

 

(4)  Cause unreasonable harm to one or more persons involved in any court proceeding or proceeding or other matter before the board, including but not limited to the guardian ad litem;

 

(5)  Be detrimental to the effective resolution of a matter pending before the board;

 

(6)  Compromise the integrity of an ongoing investigation into allegations of misconduct by a guardian ad litem; or

 

(7)  Be contrary to an order of the board.

 

Source.  #8940, eff 9-15-07

 

PART Gal 207  MOTIONS AND OBJECTIONS

 

          Gal 207.01  Motions; Objections to Motions; Ruling on Motions.

 

          (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or 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 presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer 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 the date that the motion is filed.

 

          (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)  The presiding officer shall rule upon a motion after full consideration of all objections and applicable law.

 

Source.  #8940, eff 9-15-07

 

PART Gal 208 COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING

 

          Gal 208.01  Commencement of Adjudicative Proceedings.

 

          (a)  An adjudicative proceeding shall be commenced by an order of the board giving the parties the notice specified in (b) below.

 

          (b)  The notice of hearing shall contain:

 

(1)  The names and addresses of the parties, intervenors, if any have been designated, and in the case of a disciplinary proceeding, the complainant;

 

(2)  The docket number of the proceeding;

 

(3)  A statement of the nature of the hearing;

 

(4)  The time and place of the hearing and of any pre-hearing conference;

 

(5)  A statement of the legal authority under which the hearing is to be held;

 

(6)  A reference to the applicable statutes and rules;

 

(7)  A short and plain statement of the issues presented;

 

(8)  A statement that each party has the right to have representation by an attorney at the party’s own expense;

 

(8)  The name of the presiding officer, if known;

 

(9)  A statement that, pursuant to Gal 208.05, the presiding officer shall record the hearing electronically or by any other method that will provide a verbatim record; and

 

(10)  A statement that each party has the right to a settlement in accordance with Gal 213.01.

 

Source.  #8940, eff 9-15-07; ss by #12009, eff 10-21-16

 

          Gal 208.02  Complaints and Disciplinary Proceedings.

 

          (a)  The board shall not act upon any complaint against any guardian ad litem unless such complaint is submitted in writing in conformity with Gal 203.01.

 

          (b)  The board shall take no disciplinary action against a guardian ad litem without affording the guardian ad litem the opportunity for a hearing.

 

          (c)  At least 14 days before any hearing relative to a complaint against a guardian ad litem the board shall provide the guardian ad litem and the complainant with the notice specified in Gal 208.01(b) either:

 

(1)  In hand; or

 

(2)  By certified mail, with return receipt requested, and by postage prepaid first class United States mail.

 

Source.  #8940, eff 9-15-07

 

          Gal 208.03  Appearances.

 

          (a)  An appearance shall be filed by:

 

(1)  Each party or the party's representative, if any;

 

(2)  Each intervenor or intervenor's representative, if any;

 

          (b)  The appearance shall contain the following information:

 

(1)  The docket number, if any, assigned by the board or a brief identification of the case;

 

(2)  The daytime address and telephone number of the person filing the appearance; and

 

(3)  If the person filing the appearance is a representative of a party, intervenor or complainant, the daytime address and telephone number of the person being represented.

 

Source.  #8940, eff 9-15-07

 

          Gal 208.04  Prehearing Conference.

 

          (a)  A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the board or the presiding officer, if to do so would facilitate the proceedings or encourage resolution of the dispute.

 

          (b)  A prehearing conference shall address one or more of the following:

 

(1)  Offers of settlement;

 

(2)  Simplification of the issues;

 

(3)  Stipulations or admissions as to issues of fact or proof;

 

(4)  Limitations on the number of witnesses;

 

(5)  Changes to, or waiver or suspension of, standard hearing procedures;

 

(6)  Consolidation of examination of witnesses;

 

(7)  Potential referral of the matter to the appropriate court for investigation, resolution or other action in accordance with RSA 490-C:4, I (g);

 

(8)  The timing of the hearing and the relationship of such timing to any case then pending in court or before any entity charged with the regulation of any profession;

 

(9)  Matters arising under RSA 490-C, including whether certain information that is likely to arise in the hearing is confidential in nature, and the order or orders which should be issued to address matters of confidentiality;

 

(10)  Discovery that the parties anticipate they will need to conduct and the dates by which discovery shall be accomplished;

 

(11)  Potential conflicts of interest;

 

(12)  Necessary parties, intervenors or witnesses;

 

(13)  Any other matters that advance the efficiency of the proceedings.

 

Source.  #8940, eff 9-15-07

 

          Gal 208.05  Recording the Hearing.  The presiding officer shall record the hearing electronically or by any other method that will provide a verbatim record.

 

Source.  #8940, eff 9-15-07

 

PART Gal 209  INTERVENTION; ROLES OF COMPLAINANTS AND BOARD STAFF

 

          Gal 209.01  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 presiding officer; and

 

(3)  Be mailed in copy form to all parties and intervenors identified in the notice commencing the hearing.

 

          (b)  A petition for intervention shall be granted if:

 

(1)  The petitioner complied with (a) above at least 3 days before the hearing; and

 

(2)  The presiding officer determines that:

 

a.  The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests are likely to be affected by the proceedings or the petitioner qualifies as an intervenor under law; and

 

b.  The intervention sought would not impair the interests of justice and the orderly and prompt conduct of the proceedings.

 

          (c)  The presiding officer shall allow intervention at any time if he or she determines that the intervention sought would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.

 

Source.  #8940, eff 9-15-07

 

          Gal 209.02  Effect of Intervention and Rights of an Intervenor.

 

          (a)  Approval of intervention by the presiding officer 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 presiding officer pursuant to RSA 541-A:32, III.

 

          (c)  An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated merely because intervention has been allowed.

 

Source.  #8940, eff 9-15-07

 

          Gal 209.03  Role of Complainants and Board Staff.

 

          (a)  Complainants shall have no role in any hearing other than that of witness, if called, unless they are granted the right to intervene.

 

          (b)  Unless called as witnesses or designated by the board to present evidence or investigate a matter, board staff shall have no role in hearings other than to perform clerical or administrative functions, such as monitoring recording devices, keeping track of time and copying or forwarding documents.

 

Source.  #8940, eff 9-15-07

 

PART Gal 210  CONTINUANCES AND FAILURE TO ATTEND HEARING

 

          Gal 210.01  Continuances.

 

          (a)  Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.

 

          (b)  A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would assist in resolving the case fairly.

 

          (c)  If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record.

 

          (d)  If the later date, time and place are not known at that time, the presiding officer shall, as soon as practicable, issue a written scheduling order which shall:

 

(1)  State the date, time and place of the delayed or continued hearing; and

 

(2)  In the case of a disciplinary proceeding, be provided to the guardian ad litem and the complainant either:

 

a.  In hand; or

 

b.  By certified mail, with return receipt requested, and by postage prepaid first class United States mail.

 

Source.  #8940, eff 9-15-07

 

          Gal 210.02  Failure of a Party to Attend or Participate in the Hearing.

 

          (a)  The case shall be dismissed if the party having the overall burden of proof:

 

(1)  Has been given notice in accordance with Gal 208.01; and

 

(2)  Fails to attend the hearing, unless the party’s failure to attend results from circumstances beyond the party’s control.

 

          (b)  If the party having the overall burden of proof attends the hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party. 

 

          (c)  If the party who does not have the overall burden of proof fails to attend the hearing after having been given notice in accordance with Gal 208.01, the testimony and evidence of all other parties or intervenors shall be received and evaluated.

 

          (d)  If the party not having the overall burden of proof failed to attend the hearing as a result of circumstances beyond the party’s control and that party wishes to present testimony or evidence following the receipt and evaluation of other testimony and evidence pursuant to (c) above, that party may submit a motion to do so within 3 business days of the hearing.

 

          (e)  The board shall grant a motion under (d) above if it finds that:

 

(1)  The motion was received by the board within 3 business days of the hearing; and  

 

(2)  The party’s failure to attend the hearing was due to circumstances beyond the party’s control.

 

Source.  #8940, eff 9-15-07

 

PART Gal 211  CONFIDENTIALITY ORDERS AND REQUESTS FOR INFORMATION AND DOCUMENTS

 

          Gal 211.01  Voluntary Production of Information.

 

          (a)  Each party and intervenor shall attempt in good faith to make complete and timely responses to requests for the voluntary production of information and documents relevant to the hearing.

 

          (b) When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion under Gal 211.02 to compel the production of the requested information or documents.

 

Source.  #8940, eff 9-15-07

 

          Gal 211.02  Motions to Compel Production of Information and Documents.

 

          (a)  Any party or intervenor may make a motion seeking an order for compliance with an information or document request.  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 the hearing, if such notice is issued less than 30 days in advance of the hearing.

 

          (b)  The motion to compel shall:

 

(1)  Set forth in detail those facts which justify the request for information or documents; and

 

(2)  List with specificity the information or documents being sought.

 

          (c)  Objections to motions to compel shall be filed within 10 days of the delivery of the motion.

 

          (d)  The presiding officer shall grant the motion to compel if its proponent has demonstrated that:

 

(1)  An order for compliance is necessary for a full and fair presentation of evidence at the hearing;

 

(2)  In view of the circumstances of the case, the motion was timely filed; and

 

(3)  Granting the motion would not be contrary to statutory provisions, rules, case law or orders issued relative to the confidentiality or dissemination of information.

 

Source.  #8940, eff 9-15-07

 

          Gal 211.03  Orders Under RSA 490-C: 5-b.

 

          (a)  Orders relative to confidentiality shall be issued by the board or presiding officer, at any time, according to the standards set forth in RSA 490-C:5-b, IV – VIII.

 

          (b)  Requests for orders, or additional orders, relative to confidentiality pursuant to RSA 490-C: 5-b shall be submitted in writing no later than 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing, if such notice is issued less than 30 days in advance of the hearing.

 

          (c)  Requests under paragraph (b) above shall be accompanied by a copy of the proposed order or orders.

 

          (d)  Responses to requests under paragraph (b) above shall be submitted within 10 days of the delivery of the request.

 

Source.  #8940, eff 9-15-07

 

          Gal 211.04  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.  At least 5 days before the hearing, the parties and intervenors shall, unless the disclosure or dissemination of the information is prohibited or limited by an order of the board or presiding officer, provide to the other parties and intervenors:

 

          (a)  list of those documents or matters which are subject to orders relating to confidentiality pursuant to RSA 490-C:5-b;

 

          (b)  list of all witnesses to be called at the hearing containing the identity of the witnesses, their addresses and their telephone numbers, redacted as necessary to comply with any orders as to confidentiality;

 

          (c)  Brief summaries of the testimony of the witnesses to be called;

 

          (d)  A list of documents and exhibits to be offered as evidence at the hearing, redacted as necessary to comply with any orders as to confidentiality;

 

          (e)  A copy of each document to be offered as evidence at the hearing, redacted as necessary to comply with any orders as to confidentiality; and

 

          (f)  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.  #8940, eff 9-15-07

 

          Gal 211.05  Requests for Additional Confidentiality Orders.  If, at the time of the disclosures under Gal 211.04 or thereafter, a party or intervenor believes that orders in addition to those previously requested or issued are necessary pursuant to RSA 490-C:5-b, the person may submit a request for such additional orders in writing, including in the request:

 

          (a)  A specification of the materials claimed to require additional orders as to confidentiality;

 

          (b)  The reasons additional orders are believed necessary; and

 

          (c)  The text of any proposed order or orders.

 

Source.  #8940, eff 9-15-07

 

PART Gal 212  HEARING PROCEDURE

 

          Gal 212.01  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.  #8940, eff 9-15-07

 

          Gal 212.02  Order of Testimony; Cross-Examination.

 

          (a)  Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified.

 

          (b)  Testimony on behalf of the parties shall be offered in the following order:

 

(1)  The testimony of the party or parties bearing the overall burden of proof and such witnesses as such party or parties may call; and

 

(2)  Thereafter, the testimony of the party or parties opposing the party who bears the overall burden of proof and such witnesses as such party or parties may call.

 

          (c)  The testimony of intervenors and such witnesses as intervenors may be allowed to call shall be offered at the time directed by the presiding officer.

 

          (d)  Each party may cross-examine any witnesses offered against that party.

 

          (e)  The presiding officer shall call witnesses not called by the parties if their testimony is required for a full and fair adjudication of the issues.

 

          (f)  The right of an intervenor to cross-examine witnesses and to use the other procedures of participation accorded to the parties shall be determined by the presiding officer.

 

Source.  #8940, eff 9-15-07

 

          Gal 212.03  Evidence.

 

          (a)  Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

 

          (b)  In proceedings under this part, the presiding officer shall give effect to all rules of privilege recognized under the laws of the state of New Hampshire, such as the physician-patient privilege.

 

          (c)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious, legally privileged or contrary to an order of the board or presiding officer relative to the confidentiality or dissemination of information.

 

          (d)  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.

 

          (e)  Documents, materials and objects admitted into evidence shall be public records unless confidential pursuant to RSA 91-A:5, RSA 490-C, orders issued pursuant to those statutes, or other applicable statutory law, case law or court orders.

 

          (f)  Transcripts or recordings of hearings before the board shall be public records unless confidential pursuant to RSA 91-A:5, RSA 490-C, orders issued pursuant to those statutes, or other applicable statutory law, case law or court orders.

 

Source.  #8940, eff 9-15-07

 

          Gal 212.04  Proposed Findings of Fact and Rulings of Law.

 

          (a)  Any party may submit proposed findings of fact and rulings of law.

 

          (b)  The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when:

 

(1)  Any party has requested such action; or

 

(2)  The presiding officer determines that proposed findings of fact and rulings of law would clarify the issues presented at the hearing.

 

          (c)  In any case where a party submits proposed findings of fact and rulings of law, the presiding officer shall include in the presiding officer's proposal for disposition rulings on the submitted proposals.

 

Source.  #8940, eff 9-15-07

 

          Gal 212.05  Closing the Record.  After the conclusion of the hearing and the filing of such post-hearing submissions as may be ordered by the presiding officer, the record shall be closed and no additional evidence shall be received into the record except as allowed by Gal 212.06.

 

Source.  #8940, eff 9-15-07

 

          Gal 212.06  Reopening the Record.

 

          (a)  If no written proposal for disposition pursuant to Gal 212.07(d) or decision pursuant to Gal 212.07(a) has been issued, any party may move to reopen the record for the inclusion in the record of specified evidence.

 

          (b)  If there is no objection from any party to a motion to reopen the record pursuant to (a) above, the motion shall be granted if:

 

(1)  The evidence sought to be included in the record was not available at the time of the hearing; and

 

(2)  The presiding officer determines that:

 

a.  The evidence is relevant, material and non-duplicative;

 

b.  The inclusion of the evidence in the record is necessary to a full and fair consideration of the issues to be decided; and

 

c.  The inclusion of the evidence is not contrary to a statute, court order or order of the board or presiding officer relative to the confidentiality or dissemination of information.

 

          (c)  The hearing shall be reopened for the limited purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of whether or not the record shall be reopened if:

 

(1)  There is an objection from a party to a motion to reopen the record pursuant to (a) above; and

 

(2)  The presiding officer determines that the evidence may be necessary to a full and fair consideration of the issues to be decided.

 

          (d)  The presiding officer shall grant a motion to reopen the record pursuant to (a) above after a reopened hearing described in (c) above, if the presiding officer determines that:

 

(1)  The evidence sought to be included in the record was not available at the time of the hearing;

 

(2)  The evidence is relevant, material and non-duplicative;

 

(3)  Its inclusion in the record is necessary to a full and fair consideration of the issues to be decided; and

 

(4)  The inclusion of the evidence is not contrary to a statute, court order or order of the board or presiding officer relative to the confidentiality or dissemination of information.

 

          (e)  If the presiding officer permits the reopening of the record for the admission of specified evidence, the presiding officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving that specified evidence and permitting cross-examination and argument on the substance of that evidence.

 

Source.  #8940, eff 9-15-07

 

          Gal 212.07  Disposition.

 

          (a)  The board shall issue a decision or order based on:

 

(1)  A hearing attended by a quorum of the board;

 

(2)  A written proposal for disposition meeting the requirements of paragraph (d) below; or

 

(3)  A hearing held pursuant to subparagraph (e)(2) below. 

 

          (b)  The decision or order shall:

 

(1)  Be in writing and dated; and

 

(2)  Include findings of fact and rulings of law.

 

          (c)  A board member shall not participate in the board's disposition if he or she has not personally heard all of the testimony in the case, unless the disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

 

          (d)  If a presiding officer has been delegated the authority to conduct the hearing, the presiding officer shall submit to the board a written proposal for disposition containing:

 

(1)  The disposition proposed by the presiding officer;

 

(2)  A statement of the reasons for the proposed disposition; and

 

(3)  Findings of fact and rulings of law.

 

          (e)  If a presiding officer has been delegated the authority to conduct the hearing outside the presence of a majority of the board, and if a proposed disposition submitted pursuant to paragraph (d) is adverse to a party or an intervenor, the board shall, unless this procedure is waived in writing pursuant to RSA 541-A:34:

 

(1)  Provide a copy of the proposed disposition on each party and intervenor; and

 

(2)  Provide an opportunity to file objections and present briefs and oral arguments to the board.

 

          (f)  The board shall keep a final decision in its records for at least 5 years following their dates of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

 

Source.  #8940, eff 9-15-07

 

          Gal 212.08  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 specifying:

 

(1)  The issues to be considered at the rehearing; and

 

(2)  Every ground on which it is claimed that the decision or order is unlawful or unreasonable.

 

          (b)  The board shall mail a copy of the motion for rehearing to all parties and intervenors.

 

          (c)  An objection to a motion for rehearing shall be submitted within 5 days of the date of submission of the motion.

 

          (d)  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 (f) below to grant or deny the motion for rehearing.

 

          (e)  When the time specified in (c) above for submitting an objection has expired, the board shall employ the standards in (f) below to either grant or deny the motion for rehearing.

 

          (f)  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.  #8940, eff 9-15-07

PART Gal 213  SETTLEMENTS

 

          Gal 213.01  Settlement of Some or All Issues in a Dispute.

 

          (a)  Any guardian ad litem who has a dispute with the board shall have the opportunity at any time to reach an agreement to settle some or all of the issues:

 

(1)  If there is no dispute about the material facts underlying the issues to be settled; and

 

(2)  If the dispute relates to a complaint submitted in accordance with Gal 203, the complainant has the opportunity to submit for the board's consideration written comment on the terms of the proposed settlement.

 

          (b)  To be effective, an agreement to settle shall be:

 

(1)  In writing;

 

(2)  Signed by the guardian ad litem; and

 

(3)  After the signing by the guardian ad litem, finalized as an order issued by the board.

 

          (c)  The signing by the guardian ad litem of an agreement to settle shall constitute a waiver of the guardian ad litem's right to a hearing of the issues resolved by the agreement.

 

          (d)  Pursuant to RSA 541-A:31, V. (a) and RSA 541-A:38, any person who has a dispute with the board other than as described in paragraphs (a) – (c) above shall have the opportunity to attempt to reach a resolution of the dispute by agreement.

 

          (e)  An agreement under paragraph (d) above resolving some or all of the issues comprising the dispute shall become effective when its terms have been reduced to a writing signed by the parties to the agreement.

 

          (f)  The signing of a document setting forth the terms of an agreement under paragraph (d) above resolving some or all of the issues comprising a dispute shall constitute a waiver of the right to a hearing, or further hearing, of the issues resolved by the agreement.

 

Source.  #8941, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11074, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12009, eff 10-21-16

 

PART Gal 214  RULEMAKING

 

          Gal 214.01  Petitions for Rulemaking.

 

          (a)  Any person may seek the adoption, amendment or repeal of a rule by submitting to the board a written 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;

 

(6)  Information or argument useful to the board when deciding whether to begin the rulemaking process; and

 

(7)  The signature of the person submitting the petition.

 

Source.  #8940, eff 9-15-07

 

          Gal 214.02  Disposition of Petitions for Rulemaking.

 

          (a)  The board shall request additional information or argument from the petitioner for rulemaking or from others if the board concludes that such additional information or argument is required to reach a decision.

 

          (b)  The board shall deny the petition for rulemaking if the board concludes that:

 

(1)  The proposed adoption, amendment or repeal would potentially result in:

 

a.  A rule that is not within the rulemaking authority of the board;

 

b.  A rule that is contrary to law;

 

c.  Duplication of a rule or of a statutory provision;

 

d.  Inconsistency of administrative rules with one another;

 

e.  A rule that is incapable of practical application or enforcement due to the absence of sufficient staff, funding or mechanisms of enforcement;

 

f.  Excessive burden upon the board in terms of cost or a reduction in efficiency or effectiveness;

 

g.  Excessive burden upon another agency or branch of government in terms of cost or a reduction in efficiency or effectiveness; or

 

h.  A rule that would not effectively advance, or which would be contrary to, the purposes of RSA 490-C; or

 

(2)  The petition does not meet the requirements of this part or RSA 541-A:4.

 

          (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.  #8940, eff 9-15-07

 

PART Gal 215  PUBLIC COMMENT HEARINGS

 

          Gal 215.01  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.  #8940, eff 9-15-07

 

          Gal 215.02  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 Gal 215.03.

 

          (b)  People 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 or electronic 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.  #8940, eff 9-15-07

 

          Gal 215.03  Limitations on Public Participation.  The board's chair or other person designated by the board to preside over a hearing shall:

 

          (a)  Refuse to recognize for speaking, or revoke the recognition of, any person 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, she or another speaker 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.  #8940, eff 9-15-07

 

          Gal 215.04  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 in an orderly manner:

 

          (a)  Limitation on the placement of cameras to specific locations within the hearing room; or

 

          (b)  Prohibition of interviews conducted within the hearing room before or during the hearing.

 

Source.  #8940, eff 9-15-07; amd by #12338, eff 7-21-17

 

          Gal 215.05  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 board chair or a person knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing.

 

          (c)  The chair or other person presiding over a hearing 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 record of the hearing to be made;

 

(4)  Recognize those who wish to be heard;

 

(5)  If necessary, establish limits pursuant to Gal 215.03 and Gal 215.04;

 

(6)  If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person 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 people wishing to attend the hearing will be unable to do so;

 

(2)  There is no quorum 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 person 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.  #8940, eff 9-15-07; ss by #12009, eff 10-21-16

 

PART Gal 216  DECLARATORY RULINGS

 

          Gal 216.01  Purpose of Declaratory Rulings.  The purpose of a declaratory ruling shall be to provide a ruling to individuals who are involved in the functions of a guardian ad litem in New Hampshire regarding the applicability of a particular rule or order of the board, or a particular statute relating to matters within the jurisdiction of the board, to a specific set of circumstances.

 

Source.  #8940, eff 9-15-07

 

          Gal 216.02  Petitions for Declaratory Rulings.

 

          (a)  A petition for declaratory ruling shall:

 

(1)  Be in writing;

 

(2)  Relate only to actual, and not hypothetical, circumstances;

 

(3)  Seek a ruling from the board only as to future conduct and not be utilized to obtain the board’s approval or disapproval of conduct which has occurred in the past;

 

(4)  Seek a ruling from the board only as to conduct which is not at that time the subject of a disciplinary proceeding before any entity;

 

(5)  Be written in such a manner as to avoid reference to particular circumstances, information or identities of individuals which are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law;

 

(6)  Contain the information set forth in paragraph (c) below;

 

(7)  Be accompanied by the fee set forth in paragraph (d) below; and

 

(8)  If accompanied by supplementary material under Gal 216.03, contain supplementary material which has, as necessary, been redacted to avoid reference to particular circumstances, information or identities of individuals which are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law.

 

          (b)  The following persons may petition the board for a declaratory ruling concerning the applicability of a particular rule or order of the board, or a statute relating to matters within the jurisdiction of the board, to a specific set of circumstances:

 

(1)  Guardians ad litem certified under RSA 490-C;

 

(2)  Guardians ad litem temporarily or conditionally certified under RSA 490-C; or

 

(3)  Persons formerly certified by the board as a guardian ad litem.

 

          (c)  A petition for declaratory ruling shall contain:

 

(1)  The name and address of the individual making the request;

 

(2)  A statement of whether the person submitting the request is:

 

a.  A guardian ad litem certified under RSA 490-C;

 

b.  A guardian ad litem temporarily or conditionally certified under RSA 490-C; or

 

c.  A person formerly certified by the board as a guardian ad litem;

 

(3)  The purpose of the request;

 

(4)  Identification of the particular rule, statute or order that is at issue;

 

(5)  A description of the specific set of facts at issue, presented in such a manner as to avoid reference to particular circumstances, information or identities of individuals which are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law;

 

(6)  The specific question presented, which shall be stated in terms of whether or not a particular rule, order or statutory provision would apply in the circumstances stated;

 

(7)  The following declaration signed by the individual making the petition:

 

"I declare that I have examined this petition for declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the request meets the requirements of Gal 216.02 (a) and the facts presented in support of the petition are true, correct and complete."

 

          (d)  The fee for the filing of a petition for declaratory ruling shall be as set forth in Gal 304.01.

 

Source.  #8940, eff 9-15-07

 

          Gal 216.03  Supplementary Material Submitted in Support of Petitions for Declaratory Ruling.

 

          (a)  In addition to the fee specified under Gal 216.02 (d), a request for a declaratory ruling shall be accompanied by such supplementary material as the petitioner believes is necessary to better clarify or explain the facts, order, rule or statute at issue.

 

          (b)  Supplementary material submitted under paragraph (a) above shall, as necessary, be redacted by the petitioner to avoid reference to particular circumstances, information or identities of individuals which are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law.

 

Source.  #8940, eff 9-15-07

 

          Gal 216.04  Processing Petitions for Declaratory Rulings.

 

          (a)  A petition for declaratory ruling shall be considered filed when the petition, the fee and any supplementary material submitted under Gal 216.03 are received by the board.

 

          (b)  Within 60 days of filing, the board shall examine the petition and notify the applicant of any apparent errors or omissions and of any additional information or documents required by the board in order to issue a ruling.

 

          (c)  Within 30 days of the board’s issuance of a notification under paragraph (b) above, the petitioner shall correct the error or omission or provide the additional information or documents requested. 

 

          (d)  If the petitioner fails to correct the error or omission or provide the additional information or documents requested within 30 days of the board’s issuance of a notification under (b) above, the board shall, within 120 days of filing, deny the petition.

 

          (e)  Within 120 days of filing, or within 120 days of the receipt of additional information requested under (b) above, if any, the board shall deny the petition if it concludes that:  

 

(1)  The petition relates to a rule, order or statute which it is not within the authority of the board to administer;

 

(2)  The matter at issue is moot;

 

(3)  The petition is filed for a purpose other than that specified in Gal 216.01;

 

(4)  The petition fails to meet the requirements of Gal 216.02 (a);

 

(5)  The petition was filed by a person other than an individual listed in Gal 216.02 (b);

 

(6)  The petition does not contain the information set forth in Gal 216.02 (c); or

 

(7)  Actual payment to the board of the amount of the fee under Gal 216.02 (d) has not been made.

 

          (f)  If the petition is not denied, the board shall, within 120 days of filing, or within 120 days of the receipt of the additional information requested under (b) above, if any, issue a declaratory ruling regarding the applicability of the particular rule or order of the board, or the particular statute relating to matters within the jurisdiction of the board, to the specific set of circumstances presented.

 

          (g)  If any item submitted by the petitioner contains material which the board concludes discloses, or would be likely to lead to the disclosure of, information, circumstances or identities of individuals which the board believes are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law, the board shall issue such orders as it concludes are necessary to preserve confidentiality pursuant to RSA 490-C: 5-b IV through VIII.

 

Source.  #8940, eff 9-15-07

 

          Gal 216.05  Issuance, Publication and Effect of Declaratory Rulings.

 

          (a)  A declaratory ruling issued by the board shall:

 

(1)  Apply only to the person requesting it;

 

(2)  Be confined to the facts and information contained in the filing or other submissions made to the board in conjunction with the petition; and

 

(3)  Not constitute a finding that the particular facts presented in the petition have or have not occurred as stated.

 

          (b)  Pursuant to RSA 541-A:16, II (b), declaratory rulings shall be filed with the director of legislative services.

 

          (c)  Declaratory rulings shall be drafted in a manner that is intended to avoid the disclosure of information deemed confidential pursuant to the rules or orders of the board, orders of a court, statute or other law.

 

Source.  #8940, eff 9-15-07

 

PART Gal 217  EXPLANATION OF ADOPTED RULES

 

          Gal 217.01  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.  #8941, eff 9-15-07; EXPIRED: 9-15-15

 

New.  #11074, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12009, eff 10-21-16

 

          Gal 217.02  Contents of Explanation.  The board shall, within 90 days of receiving a request in accordance with Gal 217.01, 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.  #8941, eff 9-15-07; EXPIRED: 9-15-15

 

New.  #11074, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12009, eff 10-21-16

 

PART Gal 218  WAIVER OF SUBSTANTIVE RULES

 

          Gal 218.01  Petitions for Waiver.

 

          (a)  Any interested person may request the board to waive any rule not covered by Gal 204.03 by filing an original and 6 copies of a petition which identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.

 

          (b)  Petitions for waivers of substantive rules shall address whether:

 

(1)  Adherence to the rule would cause the petitioner hardship;

 

(2)  The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;

 

(3)  Waiver of the rule would be consistent with the statutes administered by the board; and

 

(4)  Waiver of the rule would injure third persons.

 

          (c)  If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the board shall require service of the petition on each such persons and advise each that she or he may file a reply to the petition.

 

          (d)  The petitioner shall provide further information or participate in such evidentiary or other proceedings as ordered by the board as necessary to complete action on the petition.

 

          (e)  A petition for waiver of a rule which does not contain the information required in (b) above shall be denied without further notice or hearing.

 

          (f)  The board shall grant petitions for waiver of a rule upon finding that good cause exists to do so based on the information supplied by the petitioner pursuant to Geo 218.01(b).

 

          (g)  The board shall, if good cause to do so exists, initiate waiver or suspension of a substantive rule upon its own motion by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that:

 

(1)  Adherence to the rule would cause the petitioner undue personal  hardship;

 

(2)  There is no neglect or misfeasance on the part of the petitioner;

 

(3)  Waiver of the rule would be consistent with the statutes administered by the board; and

 

(4)  Waiver of the rule would not injure third persons.

 

Source.  #12009, eff 10-21-16

 

APPENDIX

 

RULE

STATUTE

Gal 201.01

RSA 541-A: 7

Gal 202.01

RSA 541-A: 16, I (b); RSA 541-A: 31, V (a); RSA 541-A: 35;

RSA 541-A: 38; RSA 490-C: 5, II (e); RSA 490-C

Ga1 202.02

RSA 541-A: 16, I (b)

Ga1 202.03

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31, I

Ga1 203.01

RSA 490-C: 4, I (g); RSA 490-C: 4, II (d), (h); RSA 490-C: 5, I (i);

Gal 203.01 (a); Gal 203.01 (b) (6); Gal 203.01 (b) (16);Gal 203.01 (d) (1)

RSA 490-C: 4, I (g); RSA 490-C: 5, I (i); RSA 541-A: 16, I (b)

Ga1 203.02

RSA 490-C: 4, I (g); RSA 490-C: 5, I (i); 541-A: 16, I (b); RSA 541-A: 29; RSA 641:3

Gal 203.02 (a)

RSA 490-C: 4, I (g); RSA 490-C: 5, I (i); RSA 541-A: 16, I (b);

RSA 541-A: 29

Gal 203.02 (e)

RSA 490-C: 4, I (g); RSA 490-C: 5, I (i); RSA 541-A: 16, I (b)

Ga1 203.03

RSA 490-C: 4, I (g); RSA 490-C: 5, I (i); 541-A: 16, I (b); RSA 541-A: 29

Gal 203.04

RSA 490-C: 4, I (g); RSA 490-C: 5, II (b); RSA 541-A: 16, I (b);

Ga1 204.01

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31, V, VI, VII;

RSA 541-A: 33; RSA 541-A: 38; RSA 490-C: 4, I (g); RSA 490-C: 4, II (f), (k); RSA 490-C: 5, I (h), (i); RSA 490-C: 5, II (d), (e), (h); RSA 490-C: 5-b

Ga1 204.02

RSA 541-A: 16 I, (b); RSA 541-A: 30-a, III (k)

Gal 204.03

RSA 541-A: 30-a, III (j)

Gal 205

RSA 541-A: 30-a, III (f); RSA 541-A: 16, IV

Gal 206.01

RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (a), (f)

Gal 206.02

RSA 541-A: 16, I (b); RSA 541-a: 30-a, III (a)

Gal 206.03

RSA 541-A: 30-a, III (a), (b); RSA 541-A: 16, I (b); RSA 490-C: 4, I (g);

RSA 490-C: 4, II (k); RSA 490-C: 5, I (h), (i); RSA 490-C: 5, II (h);

RSA 490-C: 5-b; RSA 490-C: 5-b, IV (a) – (e); RSA 490-C: 5-b, VI (a)

Gal 207.01

RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (a); RSA 541-A: 31, IV, VI (b), VII; RSA 541-A: 33, II

Gal 208.01

RSA 490-C: 5, I (h), (i); RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31, I, II, III

Gal 208.02

RSA 490-C: 4, I (g); RSA 490-C: 5, I (h) (i), (j); RSA 541-A: 16, I (b);

RSA 541-A: 30-a, I, III (a); RSA 541-A: 31, IV; RSA 541-A: 31, III

Gal 208.03

RSA 541-A: 30-a, III (b)

Gal 208.04

RSA 541-A: 31, V (b), (c); RSA 490-C: 4, I (g); RSA 490-C: 5-b;

RSA 541-A: 16 I (b); RSA 541-A: 30-a, III

Gal 208.05

RSA 490-C: 5, I (h); RSA 541-A: 31, VI (g), VII

Gal 209.01 – Gal 209.02

RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (g); RSA 541-A: 32

Gal 209.03

RSA 541-A: 30-a, III (g); RSA 490-C: 5, I (h)

Gal 210.01

RSA 541-A: 30-a, III (a), (h); RSA 490-C: 5, I (h)

Gal 210.02

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I, III (d); RSA 490-C: 5, I (h)

Gal 211.01

RSA 490-C: 5, I (h); RSA 541-A: 30-a, III (a), (c); RSA 541-A: 16, I (b)

Gal 211.02

RSA 490-C: 5, I (h); RSA 541-A: 30-a, III (a), (c), (e); RSA 541-A: 16, I (b)

Gal 211.03

RSA 490-C: 5-b, IV - VIII; RSA 490-C: 5-b; RSA 541-A: 16, I (b);

RSA 490-C: 4, II (k); RA 490-C: 5, II (h); RSA 541-A: 30-a, III (e)

Gal 211.04

RSA 541-A: 30-a, III (a), (c); RSA 490-C: 5-b

Gal 211.05

RSA 541-A: 16, I (b); RSA 490-C: 5-b, IV - VIII; RSA 490-C: 5-b;

RSA 490-C: 4, II (k); RA 490-C: 5, II (h)

Gal 212.01

RSA 541-A: 30-a, III (d), (e)

Gal 212.02

RSA 541-A: 16, I (b) (2); RSA 541-A: 30-a, I; RSA 541-A: 32, III;

RSA 541-A: 33, IV; RSA 490-C: 5, I (h)

Gal 212.03

RSA 541-A: 33; RSA 490-C: 5, I (h); RSA 541-A: 16, I (b) (2);

RSA 541-A: 30-a, I; RSA 541-A: 33, II, III; RSA 91-A;

RSA 490-C: 5-b II – VIII

Gal 212.04

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31, VI (e);

RSA 490-C: 5, I (h); RSA 541-A: 35

Gal 212.05

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 490-C: 5, I (h)

Gal 212.06

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I, III (i); RSA 490-C: 5, I (h);

RSA 541-A: 31, IV

Gal 212.07

RSA 541-A: 16, I (b); RSA 541-A: 34; RSA 541-A: 35; RSA 490-C: 5, I (h); RSA 541-A: 30-a, III (l);

Gal 212.08

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31, IV;

RSA 490-C: 5, I (h)

Gal 213

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31, V (a); RSA 541-A: 38; RSA 490-C: 4, I (g); RSA 490-C: 5, II (e)

Gal 214.01 – Gal 214.02

RSA 541-A: 4; RSA 541-A: 16, I (c)

Gal 215.01

RSA 541-A: 11; RSA 541-A: 16, I (b) (3)

Gal 215.02 – Gal 215.03

RSA 541-A: 11, I; RSA 541-A: 16, I (b) (3)

Gal 215.04 – Gal 215.05

RSA 541-A: 11, I - V; RSA 541-A: 16, I (b) (3)

Gal 216.01

RSA 541-A: 16, I (d); RSA 541-A: 16, I (b); RSA 490-C; RSA 541-A: 1, V;

Gal 216.02

RSA 541-A: 16, I (d); RSA 490-C; RSA 541-A: 16, I (b); RSA 490-C: 4, II (d); RSA 490-C: 5, II (b)

Gal 216.03

RSA 541-A: 16, I (d); RSA 490-C; RSA 541-A: 16, I (b); RSA 490-C: 4, II (d); RSA 490-C: 5, II (b); RSA 490-C: 5-b; RSA 490-C: 4, II (k);

RSA 490-C: 5, II (h)

Gal 216.04

RSA 541-A: 16, I (d); RSA 541-A: 29; RSA 490-C: 5-b, IV – VIII

Gal 216.05

RSA 541-A: 16, I (d); RSA 541-A: 16, II (b); RSA 490-C: 4, II (k);

RSA 490-C: 5, II (h); RSA 490-C: 5-b

Gal 217

RSA 541-A: 11, VII; RSA 541-A: 16, I (b)

Gal 218

RSA 541-A:16, I (b)