CHAPTER Man 100
ORGANIZATIONAL RULES
Statutory
Authority: RSA 205-A:25 through RSA
205-A:31
PART Man 101
DEFINITIONS OF TERMS
Man
101.01 Statutorily Defined Terms. The terms defined in RSA 205-A:1, shall have the
same meaning when used in these rules.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man
101.02 "Agent" means a
complainant's or respondent's representative who is not an attorney, but
authorized to appear before the board.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man
101.03 "Board" means board of
manufactured housing as described in RSA 205-A:25, I.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man
101.04 "
Source. #8208,
eff 11-20-04
Man
101.05 "Complainant" means the
party or parties who file a complaint with the board.
Source. #8208,
eff 11-20-04
Man
101.06 "Party" means the
person/entity designated as a party in any matter before the board.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04 (formerly Man 101.04)
Man
101.07 "Respondent" means the
entity, person, or party against whom the complaint was filed.
Source. #6161,
eff 1-4-96; ss by #8027, INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04 (formerly Man
101.05)
PART Man 102
DESCRIPTION OF BOARD
Man
102.01 Board's Membership Duties and
Powers.
(a) The board is established in accordance with
RSA 205-A:25 and consist of 9 members as follows:
(1) Two public members, appointed by the
Governor;
(2) Two members appointed by the Governor, from a
list of 3 persons nominated by the New Hampshire Manufactured Housing
Association;
(3) One member appointed by the Governor, from a
list of 2 persons nominated by the Mobile/Manufactured Homeowner and Tenants
Association of New Hampshire;
(4) One member appointed by the Governor who is a
resident of a manufactured housing park who is not a member of the Mobile/
Manufactured Homeowner and Tenants Association of New Hampshire;
(5) One member of the New Hampshire Bar
Association, appointed by the President of such association; and
(6) Two members of the House of Representatives,
appointed by the Speaker of the House.
(b) Except for the legislative members, each
person shall serve for a 3 year term and until a successor is appointed.
(c) The legislative members shall serve terms
which are coterminous to their terms in the general court.
(d) The chairperson, vice chairperson and
recording secretary shall be chosen from among the members and shall serve at the
pleasure of the members of the board.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man
102.02 Board's Operation.
(a)
The Board's office location and address is as follows:
Board
of Manufactured Housing
NH Joint Board of
Licensure and Certification
121 South Fruit Street
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04; ss by #10311, eff 4-13-13
Man
102.03 Board's Duties and Powers.
(a) The responsibilities of the board include:
(1) Adopting rules under RSA 205-A:31; and
(2) Providing an impartial resolution to matters
arising under RSA 205-A:2, RSA 205-A:7, and RSA 205-A:8, through hearing
procedures established under Man 200.
(b)
For each case file, the board's docket sheet shall be the official list
of all actions and filings. The records
of the board shall be maintained at the office of the board of manufactured
housing in accordance with RSA 205-A:29.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man 102.04 Review of Complaint. The board shall designate a party or
committee for a preliminary screening review of a complaint pursuant to Man
201.14 (d).
Source. #8208,
eff 11-20-04 (formerly Man 102.03)
PART Man 103
INFORMATION
Man
103.01 Contact Information. The board may be contacted by calling the
board's office at (603) 271-2219, or accessing its website at
www.state.nh.us/nhmhb.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04; ss by #10311, eff 4-13-13
CHAPTER Man 200
RULES OF PROCEDURE
PART
Man 201 RULES APPLICABLE TO ALL
PROCEEDINGS
Man 201.01 Purpose. The purpose of this chapter is to provide
rules of practice and procedure for adjudicative proceedings conducted by the
board and to promote the just, consistent and efficient handling of all
proceedings before the board. The
provisions of these rules are intended to supplement the procedures established
by RSA 541-A and procedures established under RSA 205-A:25 et seq.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
Man 201.02 Applicability. The rules in this chapter shall apply to any
adjudicative proceeding conducted by the board with respect to complaints filed
pursuant to RSA 205-A:27.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES 1-9-96; ss
by #6162, eff 1-4-96, EXPIRED 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
PART
Man 202 DEFINITIONS
Man 202.01 Definitions.
(a)
"Adjudicative proceeding" means "adjudicative
proceeding" as defined in RSA 541-A: 1,
(b)
"Agency" means "agency" as defined by RSA 541-A:1,
II, namely, "each state board, commission, department, institution,
officer, or any other state official or group, other than the legislature or
the courts, authorized by law to make rules or determine contested cases."
(c)
"Appearance" means a written notification to the agency that a
party or a party's representative intends to actively participate in a hearing.
(d)
"Board" means the board of manufactured housing which is the
agency to which these rules apply.
(e)
"Chairperson" means that individual member of the board chosen
by the members pursuant to RSA 205-A:25 III.
(f)
"Complainant" means a "person" who becomes a
"party" by filing a complaint with the board.
(g)
"Declaratory ruling" means "declaratory ruling" as
defined in RSA 541-A:1, V, namely, "an agency ruling as to the specific
applicability of any statutory provision or of any rule or order of the
agency."
(h)
"Filing" means the delivery of a document by hand, express or
overnight mail, courier service, first class mail postage prepaid or any other
means resulting in its actual receipt by the board clerk.
(i)
"Filing date" means the date a document is received by the
board clerk.
(j)
"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.
(k)
"Motion" means a request to the presiding officer for an order
or ruling directing some act to be done in favor of the party making the
motion, including a statement of justification or reasons for the request.
(l)
"Natural person" means a human being.
(m)
"Order" means "order" as defined in RSA 541-A:1, XI,
namely, "the whole or part of an agency's final disposition of a matter, other
than a rule, but does not include an agency's decision to initiate, postpone,
investigate or process any matter," consistent with RSA 205-A:28.
(n)
"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."
(o)
"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 an agency."
(p)
"Presiding officer" means the presiding officer as defined in
RSA 541-A:1, XIV, namely, "that individual to whom the agency has
delegated the authority to preside over a proceeding."
(q)
"Proof by a preponderance of the evidence" means a
demonstration by admissible evidence that a fact or legal conclusion is more
probable than not to be true.
(r)
"Record" means, in a contested case, the materials set forth
in RSA 541-A:31, VI.
(s)
"Recording secretary" means that individual member chosen by
the board members who shall serve at the pleasure of the members of the board
to record in writing the minutes of all board meetings which shall be subject
to approval by the board.
(t)
"Respondent" means the "person" against whom a
complaint is filed with the board and who becomes a "party" thereby.
(u)
"Rulemaking petition" means a petition made pursuant to RSA
541-A:4, I.
(v)
"Vice-chairperson" means that individual member chosen by the board
members who shall serve at the pleasure of the members of the board.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
PART
Man 203 COMPLAINT PROCEDURE
Man 203.01 Procedure for Filing a Complaint
(a)
At least 5 days prior to filing a complaint, the potential complainant
shall, in writing, notify the party against whom the
complaint may be filed of the condition which would constitute the basis for
the complaint. The potential complainant
shall make a good faith attempt to resolve the matter without filing a
complaint. Any complaint filed with the
board shall include a statement certifying that the complainant has complied
with this requirement pursuant to Man 401.01(b).
(b)
The complainant shall obtain Board of Manufactured Housing Complaint
Form from the board clerk and complete Section I - Complaint, pursuant to Man
401.
(c) Upon completion of Section I - Complaint, the
complainant shall:
(1) File the Section I - Complaint with the board
along with a nonrefundable $25.00 filing fee payable to "Treasurer, State
of
(2) On the same day, mail or deliver one copy of
the completed Section I - Complaint including Section II - Response to the
respondent.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
Man
203.02 Procedure for Filing a
Response.
(a) Upon receipt of the Section I -Complaint and
Section II- Response from the complainant, the respondent shall:
(1) Complete the Section II - Response and file
the same with the board within 14 days of receipt; and
(2) On the same day of filing with the board, mail
or deliver one copy of the Section I - Complaint including the completed
Section II - Response to the complainant.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
Man 203.03 Initial Review By Board.
(a)
Upon receipt of a complaint the board shall review the complaint to
determine that all requirements of
(b)
If the board determines the complaint meets the requirements of Man
203.03 (a), the board clerk shall notify the parties and shall by notice,
schedule the matter for hearing within 60 days from receipt.
(c)
If the board determines not to proceed with the complaint, the board
shall notify the parties by an order to dismiss which shall include specific
explanations for its reason or reasons for that action, after which the
complainant shall have the opportunity to amend.
(d)
If the board later accepts an amended complaint it shall rescind the
order to dismiss, notify the parties, and shall schedule the matter for
hearing.
(e)
If the board decides not to accept the complaint, after amendment, the
board shall issue a written order which may be appealed to superior court in
accordance with
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
PART Man 204
PRESIDING OFFICER; WITHDRAWAL; AND WAIVER OF RULES
Man 204.01 Presiding Officer; Appointment; Authority.
(a)
All hearings shall be conducted before a majority of the board. The
chairperson, or in his or her absence or unavailability, the vice-chairperson,
shall serve as presiding officer.
(b)
A presiding officer shall as necessary:
(1) Arrange for a mediator to resolve disputes
informally;
(2) Regulate and control the course of a hearing;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(6) Question any person who testifies;
(7) Admit testimony by offer of proof, provided
the witness is present at the hearing and available to testify or to be questioned
by the opposing party;
(8) Provide an opportunity for questioning by all
board members attending the hearing.
(9) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI; and
(10) Take any other action consistent with applicable
statutes, rules and case law necessary to conduct the hearing and complete the
record in a fair and timely manner.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
Man 204.02 Withdrawal of Presiding Officer or Board
Member.
(a)
Upon his or her own initiative or upon the motion of any party, a presiding
officer or board member shall, for good cause, withdraw from any hearing.
(b)
Good cause shall exist if a presiding officer or board member:
(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
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c)
Mere knowledge of the issues, the parties or any witness shall not
constitute good cause for withdrawal.
Source. #8286-A,
eff 2-16-05
Man 204.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
his or her own initiative or upon the motion of any party, shall suspend or
waive any requirement or limitation imposed by this chapter upon reasonable
notice to affected persons when the proposed waiver or suspension appears to be
lawful, and would be more likely to promote the fair, accurate and efficient
resolution of issues pending before the board than would adherence to a
particular rule or procedure.
Source. #8286-A,
eff 2-16-05
Man
204.04 Communications with the Board.
(a) All communications to the board shall be
addressed to the board clerk or his/her designee and not to the presiding
officer or any individual board member.
(b)
All requests for an order or ruling shall be made by motion in
accordance with Man 207
Source. #8286-A,
eff 2-16-05
PART
MAN 205 FILING; FORMAT; AND DELIVERY OF
DOCUMENTS
Man
205.01 Date of Issuance or Filing. All written documents governed by these rules
shall be rebuttably presumed to have been issued on the date noted on the
document and to have been filed with the board on the actual date of receipt by
the board, as evidenced by a date stamp placed on the document by the board in
the normal course of business.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
Man 205.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other documents filed under
these rules shall:
(1) Include the title and docket number of the
proceeding, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or, if the party appears by a representative, by the representative;
and
(4) Include a statement certifying that a copy of
the document has been mailed or delivered to all parties to the proceeding.
(b)
A party or representative's signature on a document filed with the board
shall constitute certification that:
(1) That the signer has read the document;
(2) That the facts in the document are true to
the best of the signer's knowledge formed after reasonable inquiry; and
(3) That the document is not submitted for any
improper purpose, such as to harass, to cause unnecessary delay, or to
needlessly increase the litigation costs.
(c)
RSA 641:3 shall apply to all submitted documents.
Source. #8286-A,
eff 2-16-05
Man 205.03 Delivery of Documents.
(a)
Copies of all complaints, responses, motions, exhibits, memoranda, or
other documents filed by any party to a proceeding governed by these rules
shall be delivered by that party to all other parties to the proceeding.
(b)
All notices, orders, decisions or other documents issued by the
presiding officer or board shall be delivered to all parties to the proceeding.
(c)
Delivery of all documents relating to a proceeding shall be made by
hand, express or overnight mail, courier service, or by depositing a copy of
the document, by first class mail, postage prepaid, in the
(d)
When a party appears by a representative, delivery of a document to the
party's representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party.
Source. #8286-A,
eff 2-16-05
PART
Man 206 TIME
Man 206.01 Computation of Time.
(a)
Unless otherwise specified, all time periods referenced in this chapter
shall be calendar days.
(b)
Computation of any period of time referred to in these rules shall begin
with the day after the action which sets the time period in motion, and shall
include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or
legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
PART Man 207 MOTIONS
Man 207.01 Motions;
Objections.
(a) Motions shall be
in written form and filed with the board, unless made in response to a matter
asserted for the first time at a hearing or on the basis of information which was
not received in time to prepare a written motion.
(b) Oral motions and
any oral objection to such motions shall be recorded in full in the record of
the hearing. If the presiding officer finds that the motion requires additional
information in order to be fully and fairly considered, the presiding officer
shall direct the moving party to submit the motion in writing, with supporting
information.
(c)
The moving party shall make a good-faith attempt to obtain concurrence
from the opposing party in the relief sought, except for dispositive motions or
other motions where it can reasonably be assumed the moving party will be
unable to obtain concurrence. The motion
shall recite compliance with this paragraph.
(d)
Unless apparent from the record or agreed upon by the parties, the board
shall not rely upon any facts in deciding a motion unless the facts and
documents relied on in the motion are submitted with a statement certifying
truthfulness, subject to the penalties of RSA641:3.
(e) Objections to
written motions shall be filed within 14 days of the date of the motion.
(f) Failure by an
opposing party to object to a motion shall not in and of itself constitute
grounds for granting the motion.
(g)
Supporting memoranda and documents shall be filed with the motion
or objection.
(h) The presiding
officer shall rule upon a motion after full consideration of all objections and
other factors relevant to the motion. Motions shall be decided with or without
an oral hearing. An oral hearing shall be
granted on the presiding officer's own initiative or upon a party's request
when the presiding officer concludes an oral hearing will materially assist him
or her or the board or is required to comply with the law.
Source. #8286-A,
eff 2-16-05
PART Man 208 NOTICE OF HEARING; APPEARANCE; PREHEARING
CONFERENCE
Man 208.01 Commencement
of Hearing. A hearing shall be
commenced by an order of the board by giving notice to the parties as required
by Man 208.03.
Source. #8286-A,
eff 2-16-05
Man 208.02 Docket
Numbers. A docket number shall be
assigned to each matter to be heard which shall appear on the notice of hearing
and all subsequent orders or decisions of the board.
Source. #8286-A,
eff 2-16-05
Man 208.03 Notice
of Hearing.
(a) A notice of a
hearing issued by the board shall contain the information required by RSA
541-A:31, III, namely:
(1) A statement of the time, place and nature of
any hearing;
(2) A statement of the legal authority under
which a hearing is to be held;
(3) A reference to the particular statutes and
rules involved including this chapter;
(4) A short and plain statement of the issues
presented;
(5) A statement that each party has the right to
have an attorney represent them at their own expense; and
(6) A statement that a party's failure to appear
at the hearing may result in dismissal, or default judgment, and in the case of
default, that the matter may immediately proceed to hearing on the merits.
Source. #8286-A,
eff 2-16-05
Man 208.04 Appearances
and Representation.
(a) A party or the
party's representative shall file an appearance that includes the following
information:
(1) A brief identification of the matter by name
and docket number, if known;
(2) A statement as to whether or not the
representative is an attorney, and if so, whether the attorney is licensed to
practice in
(3) The party or representative's daytime address
and telephone number.
Man 208.05 Withdrawal of Appearance.
(a)
An attorney or agent may withdraw by filing a withdrawal-of-appearance
motion with the board, and providing copies to the client and all other
parties. The withdrawal motion shall include the party's current address and
phone number.
(b)
The motion to withdraw appearance shall be granted if the board
determines that:
(1) There
are no pending motions;
(2) No hearing
date has been set; and
(3)
Justice will not be delayed.
(c)
Any objection to a withdrawal-of-appearance motion shall be filed within
14 days of the filing of the withdrawal-of-appearance motion and shall state
with specificity the reasons for objecting.
The objection shall be sustained only if the proceeding has progressed
to such a stage that allowing withdrawal would be unduly prejudicial to any
party or would unduly delay the board's hearing of the complaint.
(d)
Whenever an attorney or agent withdraws from an action and no other
appearance is entered, all future communications shall be sent to the party.
Source. #8286-A,
eff 2-16-05
Man 208.06 Conduct of Parties, Attorneys and Agents. Parties, attorneys and agents shall conduct
themselves in a truthful and respectful manner in all of their dealings with
the board and other parties, attorneys and agents.
Source. #8286-A,
eff 2-16-05
Man 208.07 Joinder and Substitution of Parties and
Consolidation of Actions.
(a)
If the property subject to a proceeding is conveyed while an action is
pending, the original party shall continue to be a party, unless the board, on
its own motion or upon a motion by the original party and after notice, directs
the person to whom the interest has been transferred to be substituted for or
joined with the original party. Parties
claiming entitlement to their predecessor's rights, such as the predecessor's
filing of complaint, shall file an assignment of rights from the predecessor to
the grantee of the transfer which shall be signed by the predecessor.
(b)
In exercising its discretion to permit joinder or substitution of a
party the board shall determine that all of the following factors are present::
(1) That
the new owner party has agreed to the substitution or joinder;
(2) That
the new party is in an advantageous position to present important facts or
legal argument to the board;
(3) That the
board's decision will substantially affect the new party's rights or
privileges; and
(4) That
the joinder of the new party will aid the fair, accurate and efficient
resolution of the issues.
(c)
In actions involving common questions of law or fact the presiding
officer shall upon motion or his or her own initiative:
(1)
Consolidate part of or all of the actions, including consolidation for
hearings and decisions; and
(2) Make
such orders concerning proceedings therein to avoid unnecessary costs or delay.
Source. #8286-A,
eff 2-16-05
Man 208.08 Prehearing
Conference. Any party may request,
or the presiding officer shall schedule on his or her own initiative, a
prehearing conference in accordance with RSA 541-A:31, V to consider:
(a) Offers of
settlement;
(b) Simplification
of the issues;
(c) Stipulations or
admissions as to issues of fact or proof by consent of the parties;
(d) Limitations on
the number of witnesses;
(e) Changes to
standard procedures desired during the hearing by consent of the parties;
(f) Consolidation of
examination of witnesses; or
(g) Any other
matters which aid in the disposition of the proceeding.
Source. #8286-A,
eff 2-16-05
Man 208.09 Continuances.
(a) Any party to a
hearing may make an oral or written motion for a continuance requesting that a
hearing be postponed to a later date or time.
(b)
Requests to continue a hearing shall:
(1) Be
filed no later than 14 days prior to the date of the hearing as set forth in
the hearing notice except when a later filing is justified by accident,
mistake, or misfortune;
(2) State
with specificity the reason for the continuance request;
(3) As
applicable, comply with Man 208.09 (d), (e) and (f) below;
(4) State
whether the other party consents to the continuance,
(5) State
when the matter can be rescheduled; and
(6) If
filed by an attorney or agent, state:
a. The client
has been advised of the continuance request and the reasons therefor;
b. The
client has been sent a copy of the continuance motion; and
c. The
client has consented to the continuance.
(c)
The board shall not be bound by the other party's concurrence to the
continuance request but shall decide the continuance based on circumstance
conveyed by the request.
(d)
If the continuance request is based on a conflicting court or other
tribunal's hearing, the motion shall state:
(1) The
date and time, case name, docket number and court or tribunal of the other
matter;
(2) The
substance of the other hearing;
(3)
Whether a continuance of the other matter has been sought and the
results of that request; and
(4)
Whether anyone else could cover either the board's hearing or the other
hearing.
(e)
If the continuance request is based on inability to procure or present
material evidence, by testimony or by documents, the motion shall:
(1) State
the name of the witness or document;
(2) State
the nature of the evidence;
(3) State
the reason for its unavailability;
(4) State
the steps taken to procure the evidence for the hearing; and
(5)
Include a statement that the other party has been consulted about
whether the evidence can be received without live testimony.
(f)
If the continuance request is based on illness or injury, the motion
shall state sufficient medical information to allow the board to determine
whether a continuance is warranted. This
information shall include the nature of the illness or injury and the name and
address of the treating physician.
Special exception shall be made when the untimeliness of the sickness or
injury precludes the 14 day requirement as set forth in (b) (1) above.
(g) If a continuance
is requested by a party to the hearing, it shall be granted if the presiding
officer determines that good cause has been demonstrated. Good cause shall
include the unavailability of parties, witnesses or attorneys necessary to
conduct the hearing, the likelihood that a hearing will not be necessary
because the parties have reached a settlement or any other circumstances that
demonstrate that a postponement would assist in resolving the case fairly.
(h) If the later
date, time, and place are known at the time of the hearing that is being
postponed, the date, time and place shall be stated on the record. If the later
date, time and place are not known at the time of the hearing that is being
postponed, the presiding officer shall issue a written scheduling order stating
the date, time, and place of the postponed hearing as soon as practicable.
Source. #8286-A,
eff 2-16-05
Man 208.10 Failure
to Attend Hearing. If any party to
whom notice has been given in accordance with Man 208.03 fails to attend a
hearing, the presiding officer shall declare that party to be in default and
shall either:
(a) Dismiss the
case, if the party with the burden of proof fails to appear; or
(b) Rule that the
board hear the testimony and receive the evidence offered by a party, if that
party has the burden of proof in the case and issue a decision on the merits.
Source. #8286-A,
eff 2-16-05
PART Man 209 REQUESTS FOR INFORMATION AND DOCUMENTS
Man 209.01 Voluntary
Production of Information.
(a) Each party shall
attempt in good faith to make complete and timely response to requests for the
voluntary production of information or documents relevant to the hearing.
(b) When a dispute between
parties arises concerning to 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 Man 209.02.
Source. #8286-A,
eff 2-16-05
Man 209.02 Motions
to Compel Production of Information.
(a) Any party may
make a motion requesting that the presiding officer order the parties to comply
with information requests. The motion shall be filed at least 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.
Source. #8286-A,
eff 2-16-05
Man 209.03 Mandatory
Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the
parties shall exchange a list of all witnesses to be called at the hearing with
a brief summary of their testimony, a list of all documents or exhibits to be
offered as evidence at the hearing, and nine copies of each document or
exhibit.
Source. #8286-A,
eff 2-16-05
PART Man 210 RECORD; PROOF; EVIDENCE; AND DECISIONS
Man 210.01 Record
of the Hearing.
(a) The board shall
record the hearing by electronic media that will provide a verbatim record. The
board secretary shall also record written minutes of all board meetings. The
electronic record along with the minutes shall be the official record of the
board.
(b) If any person
requests a transcript of the electronic record, the board shall cause a
transcript to be prepared and, upon receipt of payment for the cost of the
transcription, shall provide copies of the transcript to the requesting party.
(c) Electronic media
shall be available for inspection and recording. Parties shall contact the board to arrange a
time to inspect or record the media.
Parties may copy electronic media with their own recorder under the
supervision of the clerk or other designated person without a fee, but such
electronic media shall not be an authorized copy for any purpose other than
reference by the recording party.
(d) Parties may
request in writing copies of electronic media or minutes. Such request shall be accompanied by the fee
stated in Man 301.01 (a) (2).
(e) Electronic media
shall be maintained for 45 days following a final decision that was not
appealed. If an appeal is taken,
electronic media shall be maintained until a decision is issued by the court.
Source. #8286-A,
eff 2-16-05; ss by #10312, eff 4-13-13
Man 210.02 Standard
and Burden of Proof. The party
asserting a proposition shall bear the burden of proving the truth of the
proposition by a preponderance of the evidence.
Source. #8286-A,
eff 2-16-05
Man 210.03 Testimony;
Order of Proceeding.
(a) Any person
offering testimony, evidence or arguments shall state for the record his or her
name and role in the proceeding. If the person is representing another person,
the person being represented shall also be identified.
(b) Testimony shall
be offered in the following order:
(1) The party or parties bearing the burden of
proof and such witnesses as the party may call; and
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
Source. #8286-A,
eff 2-16-05
Man 210.04 Evidence.
(a) Receipt of
evidence shall be governed by the provisions of RSA 541-A:33 and RSA 205-A:27,
IV (c).
(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) The party
offering such documents, materials, and objects as exhibits shall have the
original marked with a copy to the opposing party and 10 additional copies to
be offered with the original. Additional copies
shall not be required
for photographs, maps, or other documents that are not easily copied.
(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) Transcripts of
testimony and documents or other materials, admitted into evidence shall be public
records unless the presiding officer determines that all or part of a
transcript or document is exempt from disclosure under RSA 91-A:5 or applicable
case law.
Source. #8286-A,
eff 2-16-05
Man 210.05 Proposed
Findings of Fact, Conclusions of Law, and Memorandum of Law.
(a) Any party may
submit proposed findings of fact and conclusions of law and memorandum of law
to the board before the close of a 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)
Requests for findings and rulings shall consist of separately numbered
paragraphs with only one finding or ruling per paragraph. Requests that contain multiple findings or rulings
shall be marked "neither granted nor denied."
(d) Parties shall be
limited to a combined total of 25 requests for findings of fact and/or rulings
of law. The presiding officer may grant additional requests for findings of
fact and/or rulings of law upon good cause shown. Good cause shall include any
circumstance that demonstrates that the grant of leave to file additional
requests is necessary to a full and fair consideration of the issues, would
assist the board in better understanding the issues and in resolving the case
fairly and expeditiously.
(e) The party filing
requests for findings of fact, conclusions of law, and memorandum of law shall
file the original and 9 copies with the board with a certification that a copy
was provided to other parties.
(f) In any case where
proposed findings of fact and conclusions of law are submitted, the decision
shall include rulings on the proposals.
Source. #8286-A,
eff 2-16-05
Man 210.06 Closing
the Record.
(a) After the
conclusion of the hearing, the record shall be closed and no other evidence
shall be received into the record, except as allowed by paragraphs (b) of this
section and Man 210.07.
(b) Before the
conclusion of the hearing, a party may request that the record be left open to allow
the filing of specified evidence not available at the hearing. If the other
parties to the hearing have no objection or if the presiding officer determines
that such evidence is necessary to a full consideration of the issues raised at
the hearing, the presiding officer shall keep the record open for the period of
time necessary for the party to file the evidence.
Source. #8286-A,
eff 2-16-05
Man 210.07 Reopeninq
the Record. At any time prior to the
issuance of the decision on the merits, the presiding officer, on the presiding
officer's own initiative or on the motion of any party, shall reopen the record
to receive relevant, material and non-duplicative testimony, evidence or
arguments not previously received, if the presiding officer determines that
such testimony, evidence or arguments are necessary to a full and fair
consideration of the issues to be decided.
Source. #8286-A,
eff 2-16-05
Man 210.08 Withdrawal of Case.
(a)
The complainant may withdraw a case by filing a written case
withdrawal. The complainant shall
provide the opposing party with a copy of the withdrawal.
(b)
The withdrawal shall be accepted and the matter marked "withdrawn;
no further action."
(c)
A withdrawal shall terminate the board's consideration of a matter, and
once the file has been so marked, the complainant shall not rescind the
withdrawal. A withdrawal shall not be
considered a board decision unless the withdrawal is filed with a settlement
agreement in accordance with Man 201.18.
Source. #8286-A,
eff 2-16-05
Man 210.09 Settlement and Stipulations.
(a)
Settlements between the parties shall be encouraged in accordance with
RSA 541-A:38. Parties shall attempt to
settle a matter before it is scheduled for a hearing and may settle a matter at
any stage of the proceedings before the board.
(b)
All settlement agreements, except those made on the record or recited in
an order, shall:
(1) Be in
writing, describing the agreement's material terms; and
(2) Be
signed by both parties and their attorneys or agents.
(c)
If a matter has been scheduled for a hearing and the parties settle with
insufficient time to file the signed settlement agreement before the hearing,
either party shall, before the hearing, call the board's clerk and inform
her/him of the settlement. The parties
shall then, within 14 days of the call to the board, file the settlement
agreement.
(d) If the
settlement agreement or stipulation is not filed, the board shall notify the
parties, that unless a party files an objection within 14 days, the docket will
be marked: "case settled; no further action."
Source. #8286-A,
eff 2-16-05
Man 210.10 Decisions.
(a) A board member
shall not participate in making a decision unless he or she personally heard
the testimony in the case, unless the matter's disposition does not depend on
the credibility of any witness and the record provides a reasonable basis for
evaluating the testimony.
(b)
When the board makes its decision, an order shall be made in writing and
shall include findings of fact, conclusions of law, and rulings on requests
submitted under Man 210.05. The board's
findings of fact shall be accompanied by a concise and explicit statement of
the underlying facts supporting the findings.
The parties shall be notified by mail of any decision or order in
accordance with RSA 541-A:35 and RSA 205-A:28, I.
(c) If no timely
appeal is taken pursuant to Man 211.04 the decision of the board shall become
final. The board shall file a certified
abstract of any final decision with the clerk of the superior court in the
county of residence of the complainant in accordance with RSA 205-A:28, III.
(d) The board clerk
shall keep a decision on file in board's 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 archives and records management of the
department of state sets a different retention period pursuant to rules adopted
under RSA 5:40.
(e) Upon written
request, exhibits shall be available for pickup by the party originally
offering the exhibit 45 days after a final, nonappealable decision has been
issued.
Source. #8286-A,
eff 2-16-05
PART Man 211 REHEARINGS AND APPEALS
Man 211.01 Filing
and Content of Motion for Rehearing.
(a) A motion for rehearing
shall be filed within 30 days of the date of a board decision or order.
(b) A motion for
rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the board's
decision to be unlawful, unjust or unreasonable, or illegal in respect to
jurisdiction, authority or observance of the law, an abuse of discretion or
arbitrary unreasonable or capricious;
(3) State concisely the factual findings,
reasoning, or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #8286-A,
eff 2-16-05
Man 211.02 Standard
for Granting Motion for Rehearing.
(a) A motion for
rehearing in a case subject to appeal under RSA 205-A:28, II shall be granted
if it demonstrates that the board's decision is unlawful, unjust or
unreasonable.
(b) A motion for rehearing
in a case subject to appeal to the superior court shall be granted if it
demonstrates that the board's decision is illegal in respect to jurisdiction,
authority or observance of law, an abuse of discretion or arbitrary,
unreasonable or capricious.
Source. #8286-A,
eff 2-16-05
Man 211.03 Decision
on Motion for Rehearing. The board
shall grant or deny a motion for rehearing, or suspend the order or decision
pending further consideration at the next scheduled board meeting after receipt
of the motion for rehearing.
Source. #8286-A,
eff 2-16-05; ss by #10312, eff 4-13-13
Man 211.04 Appeal. Any person aggrieved by the board's decision
to deny a rehearing or by the board's decision after rehearing may appeal to
the Superior Court in accordance with RSA 205-A:28, II and the procedures set
forth in RSA 677:2 through RSA 677:14.
Source. #8286-A,
eff 2-16-05
PART Man 212 RULES GOVERNING PETITIONS FOR RULE CHANGES
Man
212.01 Petitions for Rule Changes.
(a) Any person may
seek the adoption, amendment or repeal of a rule by submitting to the board a
petition pursuant to RSA 541-A:4.
(b) Each petition
for rulemaking shall contain:
(1) The name and address of the individual
petitioner or, if the request is that of an organization or other entity, the
identity of such organization or entity and the name and address of the
representative authorized by the entity to file the petition;
(2) A statement of the purpose of the petition,
whether the adoption, amendment or repeal of a rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought,
identification of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board
when deciding whether to begin the rulemaking process.
Source. #8286-A,
eff 2-16-05
Man 212.02 Disposition
of Petitions for Rulemaking.
(a) The board shall
request additional information or argument from the petitioner for
rulemaking or from others if such additional information or argument is
required to reach a decision.
(b) The board shall
grant the petition for rulemaking if the adoption, amendment or repeal sought
would not result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5) Excessive burden upon the board in terms of
cost or a reduction in efficiency or effectiveness.
(c) Within 30 days of receipt of a sufficient
petition the board shall dispose of it in the following manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d) The denial of a
petition for rulemaking shall not entitle the petitioner to a hearing.
Source. #8286-A,
eff 2-16-05
PART Man 213 PUBLIC COMMENT HEARINGS
Man 213.01 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. #8286-A,
eff 2-16-05
Man 213.02 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 Man 213.03.
(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
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. #8286-A,
eff 2-16-05
Man 213.03 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 or she has
already stated; and
(b) Limit
presentations on behalf of the same organization or entity to no more than 3,
provided that all those representing such organization or entity may enter
their names and addresses into the record as supporting the position of the
organization or entity.
Source. #8286-A,
eff 2-16-05
Man 213.04 Media
Access. Public comment hearings
shall be open to print and electronic media, subject to the following
limitations when such limitations are necessary to allow a hearing to go
forward:
(a) Limitation of
the number of media representatives when their number together with the number
of members of the public present exceeds the capacity of the hearing room;
(b) Limitation on
the placement of cameras to specific locations within the hearing room; or
(c) Prohibition of
interviews conducted within the hearing room before or during the hearing.
Source. #8286-A,
eff 2-16-05
Man 213.05 Conduct
of Public Comment Hearings.
(a) Public comment
hearings shall be presided over by the board chair or a board member knowledgeable
in the subject area of the proposed rules who has been designated by the board
to preside over the hearing.
(b) 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 recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) If necessary, establish limits pursuant to
Man 213.03 and Man 213.04;
(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.
(c) 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) The board chair or other person designated by
the board to preside over the hearing is ill or unavoidably absent; or
(3) Postponement will facilitate greater
participation by the public.
(d) 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.
(e) 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. #8286-A,
eff 2-16-05
PART Man 214 DECLARATORY RULING
Man 214.01 Petition for Declaratory Ruling. Any person may apply to the board for a declaratory
ruling as to the applicability of any statute pertaining to the board or any
rule of the board in accordance with the following:
(a)
Any applicant for a declaratory ruling shall submit in writing a
detailed request for a declaratory ruling setting forth the statute or rule of
which the applicability is questioned, the interest of the applicant, and the
activity in question. Such applications
shall be printed or typed, and legible.
(b)
The application shall be signed by the applicant and he shall include
his address or an address at which he can receive correspondence.
Source. #8286-A,
eff 2-16-05
Man 214.02 Response to Petition. Within 30 days, the board shall prepare a
written ruling providing a response to the request and the reasons for the
response, unless it is determined by the board that an answer to the questions
necessitates referral of the matter to the attorney general, in which case the
chairman shall provide this ruling within 5 days of receipt of an opinion or
other response of the attorney general.
Referrals to the attorney general shall be made no later than 15 days
following receipt of an application under this regulation.
Source. #8286-A,
eff 2-16-05
Man 214.03 Inadequate Petition. In the event the board determines that any
application provides insufficient information upon which to make the requested
ruling, or fails to comply with Man 214.01, it shall within 15 days return the
application to the applicant with a statement indicating the nature of the
deficiencies.
Source. #8286-A,
eff 2-16-05
PART
Man 215 EXPLANATION OF ADOPTED RULES
Man 215.01 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 individual making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
Man 215.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Man 215.01, 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. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
CHAPTER Man 300
BOARD OF MANUFACTURED HOUSING FEES
PART Man 301
BOARD OF MANUFACTURED HOUSING FEES
Man
301.01 Fees.
(a) Fees shall be as follows:
(1) A complaint filing fee shall be $25.00 in
accordance with
(2) Authenticated copies of hearing recordings
shall be available at a cost of $30.00 per electronic media; and
(3) There shall be a charge of $0.20 per copy page
for all public documents.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
301.02 Waiver of Fee. When a party is financially unable to pay any
fee, that party may file a request for waiver of the fee which request shall
include either a copy of the party’s most recent tax return or a signed
financial affidavit that lists current income and expenses and assets and
debts. The board shall grant the waiver
if the board determines that the party’s expenses exceed their income or their
debts exceed their assets.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
CHAPTER Man 400
BOARD OF MANUFACTURED HOUSING FORMS
PART Man 401
BOARD OF MANUFACTURED HOUSING COMPLAINT FORM
Man 401.01 Complainant.
(a)
On the complaint form the tenant or manufactured housing park owner
shall list the following:
(1) Name;
(2) Mailing address; and
(3) Telephone numbers at home and work.
(b)
In accordance with Man 203.01 (a), the complainant shall complete a
statement certifying that at least 5 days prior to submission of this
complaint, the complainant notified the respondent in writing of the conditions
constituting this complaint and has made a good faith attempt to resolve the
matter without filing a formal complaint.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
401.02 Representative. Any representative if other than tenant or
manufactured park owner shall comply with Man 401.01 in addition to submitting
the following:
(a) Representative's name;
(b) Representative's mailing address; and
(c)
Representative's telephone number at
home and work.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
401.03 Properties Affected by
Complaint.
(a) The complainant shall include on or with
complaint form Section I –
Complaint a brief description of the manufactured housing park, its location,
the existing number of homesites, and the number of future homesites if more
are planned.
(b) The complainant shall submit the following
information relating to the respondent named in this complaint:
(1) Respondent's name;
(2) Respondent's mailing address; and
(3)
Respondent's telephone number at home and work.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
401.04 Reason for Complaint. The complainant shall have the burden of
proof, therefore, he/she shall state with specificity the reasons supporting
his/her complaint. The complainant shall
list each complaint citing
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
401.05 Manufactured
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
401.06 Certifications by Complainant. By signing the complainant shall certify under the penalties of
(a) All of the facts contained in this complaint
are complete and truthful to the best of the signer's knowledge; and
(b) A completed copy of the complaint form has
been mailed or delivered to the respondent on the same date that the complaint
is filed with the board.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.07 Certification and Appearance by
Representative. By signing the
complainant's representative shall certify under the penalties of
(a)
All certifications made pursuant to Man 401.06 are true;
(b)
The complainant has authorized this representation; and
(c)
A copy of this complaint form was sent to the complainant.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.08 Complainant Filing Instructions.
(a)
One copy of the completed Section I – Complaint shall be filed with the board
along with a nonrefundable $25.00 filing fee payable to "Treasurer, State
of
(b)
On the same day, one copy of the completed Section I – Complaint
including Section II - Response shall be mailed, or delivered to the respondent
for response to the specifications of the complaint.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
PART Man 402
BOARD OF MANUFACTURED HOUSING RESPONDENT FORM
Man
402.01 Receipt of Complaint Form by
Respondent. Upon receipt of a
complaint form from the complainant, the respondent shall:
(a) Complete the Section II - Response and file
the same with the board within 14 days of receipt.
(b) On the same day of filing with the board mail
or deliver one copy of the Section I - Complaint including the completed
Section II - Response to the complainant.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
402.02 Respondent. The respondent shall submit the following
information on Section II - Respondent:
(a) Respondent's name;
(b) Respondent's mailing address; and
(c) Respondent's telephone number at home and
work.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
402.03 Manufactured
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
402.04 Rebutting Statement by
Respondent. The respondent shall
state with specificity the reasons for rebutting the complaint as specified in
Man 401.04. The respondent shall list
each rebuttal statement citing
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man
402.05 Certification by Respondent. By signing, the respondent shall certify
under the penalties of
(a) All of the facts contained in this rebuttal
are complete and truthful to the best of the signer's knowledge; and
(b) A completed copy of Section II - Respondent has
been mailed or delivered to the complainant on the same day.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 402.06 Certification and Appearance by Respondent
Representative.
(a) By signing below, the respondent's
representative shall certify under the penalties of
(1) All certifications in Man 402.04 and Man
402.05 are true;
(2) The respondent has authorized this
representation; and
(3) A copy of this form was sent to the
respondent.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 402.07 Respondent Filing Instructions.
(a)
The respondent shall file the completed rebuttal statements of the
complaint form with the board within 14 days of receipt of the complaint form.
(b)
On the same day of filing with the board the respondent shall mail or
deliver one copy of the rebuttal statements to the complainant.
(c)
Failure to timely file will constitute a default and the board shall
default the respondent pursuant to Man
208.10.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05 ss by #10313, eff 4-13-13
Appendix
Provision of the Proposed Rule |
Specific State Statute which the Rule is Intended to
Implement |
Man 101.01 |
RSA 205-A:1 |
Man 101.02 |
RSA 541-A:7 |
Man 101.03 |
RSA 205-A:25, I |
Man 101.04 - 101.07 |
RSA 541-A:7 |
Man 102 |
RSA 205-A:25-30 |
Man 102.02 |
|
Man 103 |
RSA 91-A:4, IV;
541-A:16, I(a) |
Man 103.01 |
|
|
|
Man
201 |
RSA
205-A:25-27-28 |
Man
202 |
RSA
541-A: 30-a II, V |
Man
203 |
RSA
205-A: 28 I |
Man
204 |
RSA
541-A:29-39 |
Man
205 |
RSA
541-A:29-35 |
Man
206 |
RSA
541-A:29-35 |
Man
207 |
RSA
541-A:29-35 |
Man
208 |
RSA
541-A:31 |
Man
209 |
RSA
541-A:30-a |
Man
210 |
RSA
541-A:31, 33 |
Man
210.01 |
RSA
541-A:31, 541-A:33 |
Man
211 |
RSA
541-A:3-5;
677:2-14 |
Man
212 |
RSA 541-A:4 |
Man
213 |
RSA 541-A |
Man
214 |
RSA 541-A |
Man
215 |
|
|
|
Man 301 |
RSA 205-A:27, IV(a) |
|
|
Man
401 |
|
Man
402 |
RSA
205-A:25-31; 205-A:2, 205-A:7; 205-A:8 |