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  "Clerk" means the person who oversees the day-to-day operation of the board and performs other duties as assigned.

 

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

Concord, New Hampshire 03301

 

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, I., namely "the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A: 36,” unless specifically inconsistent with the provisions of 205-A:25-31.

 

          (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 New Hampshire"; and

 

(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 RSA 205-A:27 have been satisfied and that a claim has been set out upon which the board can act.

 

          (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 RSA 205-A:28.

 

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 United States mail, addressed to the last address given to the board by the party.

 

          (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 New Hampshire; and

 

(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 RSA 205-A:27, IV (a);

 

(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 RSA 205-A:2, RSA 205-A:7, and/or RSA 205-A:8 and each affected paragraph thereof.

 

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 Housing Park Rules.  The complainant shall attach a complete copy of the applicable manufactured housing park rules.

 

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 RSA 641:3 that:

 

          (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 RSA 641:3 that:

 

          (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 New Hampshire".  The filing date shall be the date this form is received by the board clerk.

 

          (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 Housing Park Rules.  The respondent shall attach a complete copy of the manufactured housing park rules applicable to the named park.

 

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 RSA 205-A:2, RSA 205-A:7, and/or RSA 205-A:8 and each affected paragraph thereof.

 

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 RSA 641:3 that:

 

          (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 RSA 641:3 that:

 

(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

RSA 205-A:29, RSA 541-A:16, I (a)

Man 103

RSA 91-A:4, IV; 541-A:16, I(a)

Man 103.01

RSA 205-A:29, RSA 541-A:16, I (a)

 

 

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

RSA 541-A:16, I (d)

 

 

Man 301

RSA 205-A:27, IV(a)

 

 

Man 401

RSA 205-A:25-31; 205-A:2, 205-A:7; 205-A:8

Man 402

RSA 205-A:25-31; 205-A:2, 205-A:7; 205-A:8