CHAPTER Elec 100  DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

 

REVISION NOTE #1:

 

          Pursuant to 2005, 122:1 and 122:2 and 2005, 177:105 and 177:106, effective 7-1-05, the Electricians’ Board (Board) was transferred to the Bureau of Electrical Safety and Licensing in the Division of Fire Safety of the Department of Safety.  Subsequently the Board’s Chapter Elec 100 entitled “Organizational Rules” expired one year later, on 7-1-06, pursuant to RSA 541-A:17, II, because RSA 21-P:12, VI and RSA 319-C:4, IV, with RSA 21-G:9, II(b), had rendered the organizational rules inaccurate.

 

          The filings of the Board affecting the former Elec 100 included the following documents:

 

                  #1984, effective 3-22-82

                  #2695, effective 4-24-84

                  #4764, effective 2-20-90, EXPIRED 2-20-96

                  #6138, effective 7-1-96, EXPIRED 7-1-06 pursuant to RSA 541-A:17, II

 

REVISION NOTE #2:

 

          Pursuant to 2012, 237:1-3, 5, and 7, and 2013:57:4, effective 6-4-13, the Board was transferred from the Department of Safety, granted its own rulemaking authority again under RSA 319:C:6-a, and placed under the administration of the Joint Board for Licensure and Certification.

 

          Since no existing rules of the Department of Safety were transferred to the Board by 2012, 237:1-3, 5, and 7, and 2013:57:4, the Board adopted and filed Document #10354, effective 6-6-13, as an interim rule, containing Elec 100 entitled “Definitions, Organization and Public Information.”

 

REVISION NOTE #3:

 

After adopting and filing Document #10354, effective 6-6-13, the Electricians’ Board readopted Elec 200 with amendments in Document #10421, effective 9-25-13.  The rules in Document #10421 do not expire except pursuant to RSA 541-A:17, II. 

 

          The Joint Board of Licensure and Certification was renamed the Office of Professional Licensure and Certification pursuant to 2015, 276:45, effective 7-1-15, which administers the Electricians’ Board pursuant to 2015, 276:57.  Therefore, pursuant to RSA 541-A:17, II, rules Elec 102.01(b) defining “executive director”, Elec 103.03 titled “Staff”, and paragraphs(a) and (b) of Elec 103.03 titled “Staff”, expired 7-1-16 because 2015, 276:45 and 276:57 had rendered the definition inaccurate.

 

Document #12202, effective 6-7-17, adopted these expired rules again, repealed the former rule Elec 105.04 titled “Procedures”, and renumbered, but did not readopt, the existing rule Elec 105.05 titled “Tentative Decisions” as Elec 105.04.  The rules adopted in Document #12202 do not expire except pursuant to RSA 541-A:17, II.

 

PART Elec 101  PURPOSE

 

          Elec 101.01  Purpose.  The rules of this title implement the statutory responsibilities of the New Hampshire electricians board created by RSA 319-C:4.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

PART Elec 102  DEFINITIONS

 

          Elec 102.01  Terms Used.  As used in these rules, the following terms shall have the meanings indicated:

 

          (a)  “Board” means the New Hampshire electricians’ board established under RSA 319-C:4.

 

          (b)  “Executive director” means the executive director of the office of professional licensure and certification.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13, EXPIRED: 7-1-16 in para (b) pursuant to RSA 541-A:17, II and 2015, 276:45 and 276:57; amd by #12202, eff 6-7-17 (See Revision Note #3 at chapter heading for Elec 100)

 

PART Elec 103  DESCRIPTION

 

          Elec 103.01  Composition of Board.

 

          (a)  The board consists of 5 members plus the state fire marshal or designee, who as an ex-officio member does not vote in board determinations.

 

          (b)  The composition of the board consists of 2 master electricians, one journeyman electrician, and 2 public members.  Board members are appointed by the governor and council.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

          Elec 103.02  The Chairperson and Vice Chairperson.  The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

            Elec 103.03  Staff.  The office of professional licensure and certification shall perform the record-keeping and other statutory functions of the board and to oversee the board’s day-to-day operations.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13, EXPIRED: 7-1-16 pursuant to RSA 541-A:17, II and 2015, 276:45 and 276:57

 

New.  #12202, eff 6-7-17 (See Revision Note #3 at chapter heading for Elec 100)

 

          Elec 103.04  Organization. Annually, the board shall elect or appoint a chairperson, vice-chairperson, and secretary who shall be one of the appointed members at the first meeting of the board in a calendar year.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

          Elec 103.05  Office Hours, Office Location, Mailing Address and Telephone.

 

            (a)  The board’s office is located at the New Hampshire office of professional licensure and certification, 121 South Fruit Street, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

 

            (b)  Correspondence shall be addressed to the board at:

 

New Hampshire Office of Professional Licensure and Certification

121 South Fruit Street, Suite 201

Concord, N.H. 03301

 

          (c)  The board’s telephone number shall be (603)-271-2219.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13; paras (a)&(b) EXPIRED: 7-1-16 pursuant to RSA 541-A:17, II and 2015, 276:45 and 276:57; amd by #12202, eff 6-7-17 (See Revision Note #3 at chapter heading for Elec 100)

 

PART Elec 104  PUBLIC INFORMATION

 

          Elec 104.01  Record of Board Actions.  Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be a governmental record and shall be available for inspection during the board’s ordinary office hours within 5 days from the close of the meeting or vote in questions unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

          Elec 104.02  Custodian of Records.  Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought and agree to pay the actual costs incurred by the board for the documents provided.  If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

          Elec 104.03  Copies.

 

          (a)  At the time and place identified in Elec 104.01, any person examining a document which is a governmental record may request a copy of that document.

 

          (b)  The board staff shall make copies of the documents examined and requested under (a) available in accordance with RSA 91-A:4, IV and Elec 105.03.

 

          (c)  The fee for copies made by the board staff shall be $.20 per page, payable before such copies are provided to the requestor.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

          Elec 104.04  Unavailability of Public Records.  If the board is unable to make a governmental public record available for immediate inspection and photocopying, then it shall, within 5 business days of request:

 

          (a)  Make such record available;

 

          (b)  Deny the request in writing with reasons; or

 

          (c)  Furnish written acknowledgment of receipt of the request and a statement of the time reasonably necessary to determine whether the request will be granted or denied.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

PART Elec 105  MEETINGS, DELIBERATIONS AND DECISIONS

 

          Elec 105.01  Meetings.  Regular meetings shall be held at least 4 times each year.  Special meetings shall be called by order of the chairperson or secretary.  Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting.  Notice of meetings shall be posted at the board office and on the board website, located at https://www.oplc.nh.gov/electricians/index.htm.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100); ss by #12735, eff 3-7-19

 

          Elec 105.02  Quorum.  A quorum of the board shall consist of not less than 3 members, not including the ex officio member, and at least one public member.  A majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law.  In the absence of the chair, vice chair, or secretary, a quorum of the board shall designate a pro tempore officer for the officer or officers absent.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

          Elec 105.03  Duties of the Board.

 

          (a)  The responsibilities of the board include:

 

(1)  The adoption of rules to administer the provisions of RSA 319-C;

 

(2)  Issuing licenses;

 

(3)  Examining applicants for licensure;

 

(4)  Investigating complaints;

 

(5)  Establishment of inspection procedures and promoting safe wiring practices in accordance with applicable codes and standards in order to protect citizens and property within the state of New Hampshire from hazards resulting from improper electrical installations; and

 

(6)  Any related matters.

 

          (b)  The board shall maintain an office where records and files of master, journeyman, high/ medium voltage and apprentice electricians shall be kept.  The board issues notices, licenses, apprentice identification cards, certifications, and renewals.

 

          (c)  The board inspectors perform on-site inspections to assure licensing and installation compliance and investigate complaints.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

          Elec 105.04  Tentative Decisions.

 

          (a)  When necessary to conduct the board’s business in a timely and efficient manner, the board shall instruct its staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative decisions.

 

          (b)  Tentative decisions shall not be final actions, and shall not be binding upon the board.  Changes in the form or the substance of a tentative decision shall be made as often as necessary to produce a final document, which satisfactorily sets forth the final result the board intends to reach.  The board’s final decision shall be issued only when the necessary majority has voted in favor of the final form of the proposed action, allowing time for printing or servicing the document in question.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13; renumbered by #12202 (formerly Elec 105.05) (See Revision Note #3 at chapter heading for Elec 100)

 

PART Elec 106  APPOINTMENT OF COMMITTEES

 

          Elec 106.01  Committees.

 

          (a)  A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.

 

          (b)  When expressly authorized by the board, the authority of a committee shall include:

 

(1)  The retention of voluntary assistance from qualified non-board members; and

 

(2)  The retention of paid advisors or consultants pursuant to RSA 332-G:3.

 

Source.  #10354, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 100); ss by #10421, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 100)

 

CHAPTER Elec 200  PRACTICE AND PROCEDURE

 

REVISION NOTE #1:

 

          Pursuant to 2005, 122:1 and 122:2 and 2005, 177:105 and 177:106, effective 7-1-05, the Electricians’ Board (Board) was transferred to the Bureau of Electrical Safety and Licensing in the Division of Fire Safety of the Department of Safety.

 

          The Board’s rules in Chapter Elec 200 entitled “Practice and Procedure”, as filed under Document #7231 and effective 5-1-00, expired 5-1-08.  The Department of Safety then filed Document #9631, effective 12-30-09.  Document #9631 reserved Chapter Saf-C 9100 and, among other rules, adopted a new Chapter Saf-C 9200 entitled “Board of Electricians’ Practice and Procedural Rules.” 

 

          The rules in Document #9631 for Saf-C 9200 replaced all prior filings for rules in the former Elec 200.  The filings of the Board affecting the former Elec 200 included the following documents:

 

                  #1984, effective 3-22-82

                  #2695, effective 4-24-84

                  #4764, effective 2-20-90, EXPIRED 2-20-96

                  #6139, effective 7-1-96

                  #7231, effective 5-1-00, EXPIRED 5-1-08

 

REVISION NOTE #2:

 

            Pursuant to 2012, 237:1-3, 5, and 7, and 2013:57:4, effective 6-4-13, the Board was transferred from the Department of Safety, with rulemaking authority under RSA 319:C:6-a, and placed under the administration of the Joint Board for Licensure and Certification.

 

            Since no existing rules of the Department of Safety were transferred to the Board by 2012, 237:1-3, 5, and 7, and 2013:57:4, the Board adopted and filed Document #10355, effective 6-6-13, as an interim rule, containing Elec 200 entitled “Practice and Procedure.”  The rules in Document #10355 replaced all prior filings for rules in the former Saf-C 9200 which, in this case, included only Document #9631, effective 12-30-09.

 

REVISION NOTE #3:

 

            The Joint Board of Licensure and Certification was renamed the Office of Professional Licensure and Certification pursuant to 2015, 276:45, effective 7-1-15, which now administers the Electricians’ Board pursuant to 2015, 276:57.

 

After adopting and filing Document #10355, effective 6-6-13, the Electricians’ Board readopted Elec 200 with amendments in Document #10419, effective 9-25-13.  The rules in Document #10419 do not expire except pursuant to RSA 541-A:17, II.

 

The Board subsequently readopted with amendments Elec 203.03 titled “Waivers” in Document #12202, effective 6-7-17.  Elec 202.03 will also not expire except pursuant to RSA 541-A:17, II.

 

The Department of Safety subsequently repealed Saf-C 9200 by adopting and filing Document #12380, effective 9-15-17.

 

PART Elec 201  PURPOSE AND APPLICABILITY

 

          Elec 201.01  Purpose.  The purpose of this chapter is to adopt rules of practice and procedure for adjudicative proceedings conducted by the board governing the conduct of administrative hearings.  The provisions of these rules are intended to supplement the procedures established by RSA 541-A and RSA 319-C.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13 (See Revision Note #3 at chapter heading for Elec 200)

 

          Elec 201.02  Applicability.  The rules in this chapter shall apply to any adjudicative proceeding conducted by the board.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 202  DEFINITIONS

 

          Elec 202.01  “Appearance” means a written notification to the board that a party or a party’s representative intends to actively participate in a hearing.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 202.02  “Board” means “board” as defined in RSA 319-C:2, II.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 202.03  “Hearing” 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.”

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 202.04  “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.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 202.05  “Party” means “party” as defined in 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.”  The term “party” includes all intervenors in a hearing, subject to any limitations established pursuant to RSA 541-A:32, III.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 202.06  “Person” means “person” as defined in 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.”

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 202.07  “Natural person” means a human being.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 202.08  “Presiding officer” means “presiding officer” as defined in RSA 541-A:1, XIV.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 202.09  “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 203  PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

 

          Elec 203.01  Presiding Officer.

 

          (a)  All hearings shall be conducted by a member of the board appointed or authorized to serve as a presiding officer.

 

          (b)  A presiding officer shall have the authority to:

 

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

 

(2)  Facilitate an informal resolution of a hearing;

 

(3)  Administer oaths and affirmations;

 

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

 

(5)  Rule on procedural requests, including adjournments or continuances, at the request of a party or on the presiding officer's own motion;

 

(6)  Interview and examine witnesses, as necessary;

 

(7)  Make a complete record of any hearing, as specified in RSA 541-A:31,VI, including all relevant matters; and

 

(8)  Take any other action consistent with applicable statutes, rules and case law necessary to conduct and complete the hearing in a fair and timely manner.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 203.02  Withdrawal of Presiding Officer or Board Member.

 

          (a)  A presiding officer or board member shall, upon his/her own initiative or upon the motion of any party, withdraw from a hearing for good cause.

 

          (b)  Good cause shall exist if a presiding officer or board member:

 

(1)  Has a direct interest in the outcome of a hearing, as a result of a current or prior personal or business relationship with a party, witness or representative;

 

(2)  Has made statements or engaged in behavior that objectively demonstrates that he/she has prejudged the facts of a case; or

 

(3)  Personally believes that he/she cannot fairly judge the facts of a case.

 

          (c)  Mere knowledge of the issues by a party or any witness shall not constitute good cause for withdrawal.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 203.03  Waiver of Rules.

 

          (a)  Any interested person may request the board to waive any rule by filing an original and 6 copies of a petition which identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.

 

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

 

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

 

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

 

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

 

(4)  Waiver of the rule would injure third persons; and

 

(5)  Other good cause for waiving the rule exists.

 

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

 

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

 

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

 

          (f)  The board shall initiate waiver of a substantive rule based on a request under (a) above, or upon its own motion by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that:

 

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

 

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

 

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

 

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

 

          (g)  Notwithstanding (a) – (f) above, pursuant to RSA 155-A:2, X, the board shall not grant any request for waiver of Elec 404.04.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13; ss by #12202, eff 6-7-17 (See Revision Note #3 at chapter heading for Elec 200)

 

PART Elec 204  FILING, FORMAT AND DELIVERY OF DOCUMENTS

 

          Elec 204.01  Date of Issuance or Filing.

 

          (a)  The date noted on any document from the board shall be rebuttably presumed to be the date the document was issued by the board.

 

          (b)  The date stamp placed on any document by the board in the normal course of business shall be rebuttably presumed to be the date the document was filed with the board.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 204.02  Format of Documents.

 

          (a)  All correspondence, pleadings, motions or other documents shall:

 

(1)  Include the title and docket number of the hearing, if known;

 

(2)  Be typewritten or legibly printed on paper 8 ½ by 11 inches in size;

 

(3)  Be signed by the party or the representative of the party; and

 

(4)  Include a statement certifying that a copy of the document has been delivered to all parties in accordance with Elec 204.03.

 

          (b)  The party or the representative's signature on a document filed with the board shall constitute certification that:

 

(1)  The signer has read the document;

 

(2)  The signer is authorized to file it;

 

(3)  There are sufficient grounds to support the document, to the best of the signer’s knowledge, information and belief; and

 

(4)  The document has not been filed for purposes of delay.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 204.03  Delivery of Documents.

 

          (a)  Copies of all pleadings, motions, exhibits, memoranda or other documents filed by any party to a hearing shall be delivered to all other parties.

 

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

 

          (c)  All documents relating to a hearing shall be made by personal delivery, by electronic transmission or by sending a copy of the document, through first class United States mail, postage prepaid addressed to the last address given to the board by the party.

 

          (d)  When a party has a representative appearing on his/her behalf, delivery of a document to the address stated on the appearance filed by the representative shall constitute delivery to the party.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 205  TIME PERIODS

 

          Elec 205.01  Computation of Time.

 

          (a)  Unless otherwise specified, all time periods referenced in these rules shall be calendar days.

 

          (b)  Computation of any period of time shall begin on the day after the action that set the time period in motion, and shall include the last day of the period of time so computed.

 

          (c)  If the last day of the period of time computed falls on a Saturday, Sunday or legal holiday, the period of time shall extend to the end of the next day that is not a Saturday, Sunday or legal holiday.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 206  MOTIONS

 

          Elec 206.01  Motions; Objections.

 

          (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information that was not received in time to prepare a written motion.

 

          (b)  Oral motions and any objection to such motions shall be recorded in full in the transcript of the hearing.  If the presiding officer finds that a motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.

 

          (c)  Objections to written motions shall be filed within 30 days of the date of the motion.

 

          (d)  Failure to object to a motion shall not in and of itself constitute grounds for granting the motion.

 

          (e)  The presiding officer shall rule upon a motion after full consideration of any objection and other factors relevant to the motion.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 207  NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES; PUBLIC

ACCESS; SETTLEMENT AGREEMENTS

 

          Elec 207.01  Commencement of Hearing.  A hearing shall be commenced when a notice of hearing is issued by the board in accordance with Elec 207.03.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 207.02  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.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 207.03  Notice of Hearing.

 

          (a)  A notice of hearing issued by the board shall include:

 

(1)  The date, time, place and nature of the hearing;

 

(2)  The legal authority pursuant to which a hearing is to be held;

 

(3)  A reference to the particular statutes and rules involved;

 

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

 

(5)  A statement that each party has the right to have an attorney represent the party at the party’s own expense; and

 

(6)  A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request shall be submitted in writing no later than 10 days prior to the date of the scheduled hearing.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 207.04  Appearances and Representation.

 

          (a)  A party or the party’s representative shall file an appearance that includes the following:

 

(1)  A brief identification of the matter;

 

(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.

 

          (b)  A party may be represented:

 

(1)  Pro se;

 

(2)  By an attorney; or

 

(3)  Pursuant to RSA 311:1.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 207.05  Prehearing Conference.

 

          (a)  The presiding officer, upon his/her own initiative, or upon request of a party, shall schedule a prehearing conference to consider:

 

(1)  Offers of settlement;

 

(2)  Simplification of the issues;

 

(3)  By consent of the parties, stipulations or admissions as to issues of fact or proof;

 

(4)  Limitations on the number of witnesses;

 

(5)  By consent of the parties, changes to standard procedures requested during the hearing;

 

(6)  Consolidation of examination of witnesses; or

 

(7)  Any other matters that assist in the disposition of the hearing.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 207.06  Public Access.  All hearings before the board shall be open to the public.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 207.07  Settlement Agreements.

 

          (a)  Parties may settle any case that is scheduled for a hearing before the board at any time prior to a decision on the merits.

 

          (b)  All settlement agreements shall be submitted, in writing, to the board for approval.

 

          (c)  The board shall request parties to submit offers of proof or ask questions pertaining to the reasons for a potential settlement, if necessary, before approving any settlement agreement.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 208  ROLE OF BOARD STAFF

 

          Elec 208.01  Role of Board Staff in Hearings.  Board staff who has been designated by the board to present the board’s case shall fully participate in the hearing. Other board staff shall have no role in any hearing before the board, unless called as a witness or granted status as a party or intervenor.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 209  INTERVENTION

 

          Elec 209.01  Intervention.

 

          (a)  A non-party may intervene in a matter pending before the board under the provisions of RSA 541-A:32, by filing a petition that states facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

 

          (b)  If the presiding officer determines that intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, the petition for intervention shall be granted.

 

          (c)  A person whose petition for intervention has been granted shall be admitted as a party.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 210  CONTINUANCES AND FAILURE TO APPEAR FOR HEARING

 

          Elec 210.01  Continuances.

 

          (a)  A request for continuance of a hearing may be made by any party.

 

          (b)  A continuance shall be granted by the presiding officer for good cause.

 

          (c)  Good cause shall include the following: 

 

(1)  A party, witness or representative of a party is unavailable for the hearing;

 

(2)  There is a likelihood that the parties have reached a settlement; or

 

(3)  Any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

 

          (d)  The presiding officer shall issue a written scheduling order stating the date, time and place of the continued hearing as soon as practicable or, if known at the time of the hearing, state the rescheduled date, time and place on the record.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 210.02  Failure to Appear.  If any party to whom a notice of hearing has been given in accordance with Elec 207.03 fails to appear for the hearing, the presiding officer shall:

 

          (a)  Dismiss the case, if the party who failed to appear has the burden of proof; or

 

          (b)  Hear the testimony and receive the evidence, if the party who has the burden of proof is present.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 211  REQUESTS FOR INFORMATION OR DOCUMENTS

 

          Elec 211.01  Voluntary Production of Information.

 

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

 

          (b)  When there is a dispute between the parties concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information pursuant to Elec 211.02.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 211.02  Motions to Compel Production of Information.

 

          (a)  Any party may file a motion requesting the presiding officer to compel the parties to comply with the production of information.  The motion shall be filed at least 30 days prior to the date of the scheduled hearing, or as soon as possible after receipt of the notice of hearing if the notice was issued no later than 30 days prior to the date of the scheduled hearing.

 

          (b)  The motion shall:

 

(1)  Set forth in detail the factors that justify the request for information; and

 

(2)  List with specificity the requested information.

 

          (c)  If the presiding officer determines that requests for information are necessary for a full and fair presentation of the evidence at the hearing, the motion shall be granted.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 211.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.  The parties shall exchange a list of all witnesses along with a brief summary of their testimony, and copies of all documents or exhibits no later than 5 days prior to the date of the scheduled hearing.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 212  RECORD, PROOF, EVIDENCE AND DECISIONS

 

          Elec 212.01  Record of the Hearing.

 

          (a)  The board shall record the hearing by tape recording or other method that will provide a verbatim record.

 

          (b)  The board shall retain hearing recordings for at least 7 years from the date of the final appeal.

 

          (c)  If any person requests a transcript of a hearing, the board shall provide copies of the transcript to the requesting party, upon receipt of payment for the cost of the transcript.

 

          (d)  A party may request that the board provide a certified shorthand court reporter at the party’s expense.  A request shall be submitted in writing no later than 10 days prior to the date of the scheduled hearing.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 212.02  Burden of Proof.  Unless otherwise specified by law, the burden of proof shall be on the moving party.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200)

 

          Elec 212.03  Standard of Proof.  Unless otherwise specified by law, the standard of proof shall be by a preponderance of the evidence, as defined in Elec 202.09.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 212.04  Testimony; Order of Proceeding.

 

          (a)  All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer.

 

          (b)  Any person or representative offering testimony, evidence or arguments shall state his/her name and role for the record.

 

          (c)  Testimony shall be offered in the following order:

 

(1)  The party(s) bearing the burden of proof and such witnesses as the party may call; and

 

(2)  The party(s) opposing the party bearing the burden of proof and such witnesses as the party may call.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 212.05  Evidence.

 

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

 

          (b)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

 

          (c)  All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

 

          (d)  Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 212.06  Proposed Findings of Fact and Conclusions of Law.

 

          (a)  Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

 

          (b)  Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

 

          (c)  In any case in which proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 212.07  Closing the Record.

 

          (a)  After the conclusion of the hearing, the record shall be closed and no other evidence shall be received, except as allowed by paragraph (b), below and Elec 212.08.

 

          (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.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 212.08  Reopening the Record.  At any time prior to the issuance of a 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.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 212.09  Decisions.

 

          (a)  For the purpose of rendering a decision, 3 members of the board, one of whom is a public member, shall constitute a quorum, in accordance with RSA 319-C:6.

 

          (b)  A board member shall not participate in making a decision unless he/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.

 

          (c)  If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the members of the board, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

 

          (d)  If a proposal for decision in a matter not personally heard by the board is adverse to a party to the proceeding other than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.

 

          (e)  A proposal for decision by the presiding officer shall become a final decision by the board if it meets the criteria set forth in (c) above.

 

          (f)  All decisions shall be in writing and rendered within 45 days of the conclusion of the hearing.

 

          (g)  The board shall keep a decision on file in its records for at least 7 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 213  MOTION FOR REHEARING

 

          Elec 213.01  Purpose.  The rules in this part are intended to supplement any statutory provisions that require or allow a person to request a rehearing of a decision of the board prior to filing an appeal of the decision.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 213.02  Applicability.  The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 213.03  Filing and Content of Motion.

 

          (a)  A motion for rehearing shall be filed within 30 days of the date of the board decision or order.

 

          (b)  A motion for rehearing shall:

 

(1)  Identify each error of fact, error of reasoning, or error of law that the moving party requests to have reconsidered;

 

(2)  Describe how each error causes the board's decision to be:

 

a.  Unlawful, unjust or unreasonable;

 

b.  Illegal in respect to jurisdiction, authority or observance of the law;

 

c.  An abuse of discretion; or

 

d.  Arbitrary, unreasonable or capricious;

 

(3)  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 files.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 213.04  Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to rehearing pursuant to RSA 319-C:12-b shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 213.05  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 following the filing of the motion for rehearing.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 214  RULEMAKING

 

          Elec 214.01  How Adopted.  A board rule, or any amendment or repeal thereof, shall be adopted by an order and pursuant to the process required by RSA 541-A.  Rules may be proposed by any person through the petition process.  The order adopting a rule shall contain a concise statement of the statutory authority for the rule, the reasons for its adoption, and any other data required by statute.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 214.02  Explanation after Adoption.

 

          (a)  Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to the board.

 

          (b)  The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 214.03  Petition for Rulemaking.

 

          (a)  Any person may petition the board to commence a rulemaking proceeding for the purpose of adopting, amending, or repealing a rule.

 

          (b)  The petition shall contain:

 

(1)  The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed rule;

 

(2)  If the petitioner proposes to amend an existing rule, the specific insertions and deletions sought;

 

(3) If the petitioner proposes to repeal an existing rule, an identification of the particular rule sought to be repealed;

 

(4)  Any data or argument the petitioner believes would be useful to the agency in deciding whether to commence a rulemaking proceeding; and

 

(5)  A statement specifying the reasons the petitioner believes such adoption, amendment, or repeal should be undertaken by the board.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 214.04  Disposition of Petition.

 

          (a)  The board shall, within 30 days from receipt of the petition, by order, grant or deny a petition for rulemaking.  Before issuing that order, however, the board shall request additional data or argument from the petitioner or seek such information from others if the board determines that it needs such additional data, argument, or information to be able to render a decision on the merits of the petition.

 

          (b)  A petition shall be granted by the board if the board determines that the requested action falls within the board’s authority, conforms to substantive provisions of statutes implemented by the board, and is consistent with policy considerations underlying the board’s purpose.

 

          (c)  If the petition is denied, the board shall state the reason therefore in the order. Petitions for rulemaking shall be evaluated by the board in conformance with RSA 541-A.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

PART Elec 215  DECLARATORY RULINGS

 

          Elec 215.01  Petitions.

 

          (a)  Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 11 copies of a petition pursuant to Elec 204.02.

 

          (b)  Such a petition shall also set forth the following information:

 

(1)  The exact ruling being requested;

 

(2)  The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law; and

 

(3)  A statement as to how and why the issuance of a ruling on this subject would benefit the petitioner.

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

          Elec 215.02  Action on Petitions.

 

          (a)  The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

 

          (b)  Upon review and consideration, the board shall within 90 days respond to the petition giving its decision in writing.

 

          (c)  The decision shall be in accordance with Elec 212.09(f).

 

Source.  #10355, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 200); ss by #10419, eff 9-25-13

 

CHAPTER Elec 300  LICENSING REQUIREMENTS

 

REVISION NOTE #1:

 

            Pursuant to 2005, 122:1 and 122:2 and 2005, 177:105 and 177:106, effective 7-1-05, the Electricians’ Board (Board) was transferred to the Bureau of Electrical Safety and Licensing in the Division of Fire Safety of the Department of Safety. 

 

            The Board’s rules Elec 303.02 entitled “Passing Grade”, Elec 303.04 entitled “Exam Fees and Refunds”, Elec 305.01 on fees entitled “Corporation/Partnership”, Elec 401.02 entitled “Armed Forces Inactive Status”, and Part Elec 402 entitled “Disciplinary Action”, as filed under Document #7231 and effective 5-1-00, expired 5-1-08.

 

            The Department of Safety then filed Document #9631, effective 12-30-09.  Document #9631, among other actions, repealed select rules in Chapter Elec 300 entitled “Licensing Requirements” and Chapter Elec 400 entitled “Continued Status”, readopted with amendments and renumbered other select rules in the former Elec 300 and Elec 400 in a new Chapter Saf-C 9300 entitled “Bureau of Electrical Safety and Licensing Rules,” and adopted other rules in Saf-C 9300.

 

            The rules in Document #9631 for Saf-C 9300 replaced all prior filings for rules in the former Elec 300 and Elec 400.  The filings of the Board affecting the former Elec 300 and Elec 400 included the following documents:

 

                        #1984, effective 3-22-82

                        #2695, effective 4-24-84

                        #4227, effective 2-18-87

                        #4764, effective 2-20-90

                        #5054, effective 3-1-91

                        #5503, effective 1-1-93

                        #5666, effective 7-15-93

                        #6139, effective 7-1-96

                        #6357, effective 10-22-96

                        #6673, effective 2-1-98

                        #6913, effective 7-1-99

                        #7231, effective 5-1-00

                        #7646, effective 2-14-02

                        #7744, effective 8-16-02

                        #7826, effective 5-1-03

                        #8283, effective 2-10-05

                        #8284, effective 2-10-05

 

REVISION NOTE #2:

 

            Pursuant to 2012, 237:1-3, 5, and 7, and 2013:57:4, effective 6-4-13, the Board was transferred from the Department of Safety, with rulemaking authority under RSA 319:C:6-a, and placed under the administration of the Joint Board for Licensure and Certification.

 

            Since no existing rules of the Department of Safety were transferred to the Board by 2012, 237:1-3, 5, and 7, and 2013:57:4, the Board adopted and filed Document #10356, effective 6-6-13, as an interim rule, containing Elec 300 entitled “Licensing Requirements” and Elec 400 titled “Continued Status.”  The rules in Document #10356 replaced all prior filings for rules in the former Saf-C 9300.  The filings of the Department affecting the former Saf-C 9300 included the following documents:

 

                        #9631, effective 12-30-09

                        #9912, effective 4-20-11

                        #10251, effective 1-7-13

 

REVISION NOTE #3:

 

            Document #10420, effective 9-25-13, readopted with amendments the rules in Chapter Elec 300 previously filed under Document #10356.  Document #10807, effective 4-1-15, amended the rule then-numbered as Elec 301.04(j) on application forms, and readopted with amendments the rule then-numbered as Elec 304.03 on date and notification of examinations.  Document #10859, effective 6-24-15, amended the rule then-numbered as Elec 304.01(a) on format and subject matter of examinations.

 

            The Joint Board of Licensure and Certification was renamed the Office of Professional Licensure and Certification pursuant to 2015, 276:45, effective 7-1-15, which now administers the Electricians’ Board pursuant to 2015, 276:57.

 

            Document #12334, effective 7-22-17, adopted, amended, readopted with amendments, or repealed various rules in Chapter Elec 300 and readopted with amendments rule Elec 405.03 on procedure for disciplinary action in Chapter Elec 400.  The new rules adopted in Document #12334 included Elec 301 on definitions and Elec 304.05 on qualification for all applicants.  The former rule numbered as Elec 304.05 on destruction of examinations was repealed.  These changes necessitated extensive renumbering of rules within Chapter Ed 300.  The source note information for the existing rules in Ed 300 filed prior to Document #12334 applies to the former rule numbers, which are indicated in the source notes.

 

          The Department of Safety repealed Saf-C 9300 by adopting and filing Document #12381, effective 9-15-17.

 

PART Elec 301  DEFINITIONS

 

          Elec 301.01  “Electrical installation” means electrical installation as defined in RSA 319-C:2, III, including the installation of framing or other supporting structures if such structures perform an electrical function according to the manufacturer’s instructions.

 

Source.  #12334, eff 7-22-17 (See Revision Note #3 at chapter heading for Elec 300)

 

Elec 301.02  “Field experience” means time accumulated while performing electrical installations in the field under the direction of a master electrician. The term does not include time accumulated in a classroom setting or in the field as part of a course curriculum.

 

Source.  #12334, eff 7-22-17 (See Revision Note #3 at chapter heading for Elec 300)

 

Elec 301.03 “Practical experience” means the time accumulated while performing electrical installations in a classroom setting or in the field as part of a course curriculum in a school that meets the criteria of Elec 304.01(b).

 

Source.  #12334, eff 7-22-17 (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 301.04  “Third party electrical inspector” means an approved individual who performs electrical inspections on new, newly modified, existing, or temporary electrical installations to certify compliance with the most currently adopted edition of NFPA 70, the National Electrical Code (NEC), in New Hampshire along with any adopted local ordinances.

 

Source.  #12797, eff 6-6-19

 

          Elec 301.05  “Third party electrical inspector level 1” means an electrical inspector for residential units, as defined in Chapter 2 Section R202 (building) of the currently adopted International Residential Code by the state of New Hampshire, except allowing up to 4 contiguous units, shall have the minimum qualifications as required in Elec 304.05(a).

 

Source.  #12797, eff 6-6-19

 

          Elec 301.06  “Third party electrical inspector level 2” means an electrical inspector for all types of buildings, as defined in Chapter 2 Section 202 A (building) of the currently adopted International Building Code by the state of New Hampshire, shall have the minimum qualifications as required in Elec 304.05(b).

 

Source.  #12797, eff 6-6-19

 

PART Elec 302  APPLICATION PROCEDURE

 

          Elec 302.01  Forms.

 

          (a)  Whenever a person is required to complete a form, the following shall apply:

 

(1)  Forms shall be filled out completely; and

 

(2)  Forms shall be typewritten or completed in a legible manner.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 301.01) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 302.02  Incomplete Form.

 

          (a)  All forms shall be reviewed by the board in accordance with RSA 541-A:29.

 

          (b)  The submitting party shall be notified of any apparent errors or omissions and allowed to resubmit the form to the board.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 301.02) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 302.03  Failure to Comply with Statute or Rule.

 

          (a)  In the event an applicant fails to comply with an applicable statute or rule, the application shall not be processed.

 

          (b)  The applicant shall be notified of the reason(s) for the rejection.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 301.03) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 302.04  Application Forms.

 

          (a) Each applicant for a corporation/partnership, master, journeyman or high/medium voltage electrician license, apprentice or high/medium voltage trainee identification card, or third party electrical inspector shall make application on forms supplied by the board.

 

          (b)  Application forms may be obtained from the electricians’ board at the address listed in Elec 103.05(b) or electronically at https://www.oplc.nh.gov/applications-electricians.

 

          (c)  Completed application forms shall be mailed to the electricians’ board or submitted in person to the address listed in Elec 103.05(b).

 

          (d)  Each corporation or partnership applicant shall furnish the following on the prescribed form:

 

(1)  Name, address, telephone number and e-mail address of the corporation or partnership;

 

(2)  Corporation type, whether electrical or high medium voltage;

 

(3)  Information pertaining to the person directly in charge of the electrical business affairs of the corporation or partnership, including:

 

a.  Name, address, telephone number and title;

 

b.  Duties;

 

c.  License number of master or high/medium voltage electrician; and

 

d.  Status as full-time or part-time and average hours per week;

 

(4)  Signature of the president or director of the corporation or the other partner in the partnership under the penalty of unsworn falsification and date signed;

 

(5)  Signature of the master or high/medium voltage electrician directly in charge of the electrical business affairs of the corporation or partnership under the penalty of unsworn falsification and date signed; and

 

(6)  Certificate of good standing from the NH secretary of state’s office for the corporation or partnership.

 

          (e)  Each master or journeyman applicant shall furnish the following on the prescribed form:

 

(1)  Name, address and telephone number;

 

(2)  E-mail address;

 

(3)  Date of birth;

 

(4)  Information pertaining to the electrical employers used for verification of on-the-job training in (9) below, including:

 

a.  Name(s) and address(es);

 

b.  Dates of employment; and

 

c.  Nature of employer’s business;

 

(5)  A description of the duties as an employee pertaining to the electrical installations and date employment started;

 

(6)  Names and addresses of 3 references of persons unrelated to the applicant who have knowledge of the applicant’s professional character;

 

(7)  Whether the applicant has any felony criminal convictions that have not been annulled by the court and if so:

 

a.  Date of conviction;

 

b.  Nature of the offense;

 

c.  The penalty imposed by the court, including any terms of probation; and

 

d.  Any continuing court requirements;

 

(8)  Whether the applicant’s electrician license has been suspended, revoked or sanctioned in any jurisdiction and if so:

 

a.  Name and location of the particular administrative licensing agency;

 

b.  An explanation of the circumstances;

 

c.  Date of administrative licensing agency’s action or loss of electrician license; and

 

d.  Reason for the administrative licensing agency’s action, including whether it was a result of settlement;

 

(9)  Show a minimum total of 8000 hours of on-the-job training for journeyman and an additional 2000 hours for master with a certification for each place of employment in the electrical trade, including:

 

a.  Dates of employment;

 

b.  Type of work performed; and

 

c.  Signature of a licensed electrician;

 

(10)  High school and higher education, including:

 

a.  Name and location of school;

 

b.  Date of high school graduation;

 

c.  Courses and certificates obtained;

 

d.  Major and degree awarded, if applicable; and

 

e.  Dates attended;

 

(11)  Photograph of the applicant taken no more than 6 months prior to the date of the application;

 

(12)  The applicant’s social security number required pursuant to RSA 161-B:11, VI-a; and

 

(13)  Applicant’s signature under the penalty of unsworn falsification and date signed.

 

          (f)  Each high/medium voltage electrician applicant shall furnish the following on the prescribed form:

 

(1)  Name, address and telephone number;

 

(2)  Date of birth;

 

(3)  E-mail address;

 

(4)  Information pertaining to the high/medium voltage employers used for verification of on- the-job training, including:

 

a.  Name(s) and address(es);

 

b.  Dates of employment; and

 

c.  Nature of employment;

 

(5)  A description of the duties as an employee pertaining to the electrical installations and date employment started;

 

(6)  Names and addresses of 3 references of persons unrelated to the applicant, who have knowledge of the applicant’s professional character;

 

(7)  Whether the applicant has any felony criminal convictions that have not been annulled by the court and if so:

 

a.  Date of conviction;

 

b.  Nature of the offense;

 

c.  The penalty imposed by the court, including any terms of probation; and  

 

d.  Any continuing court requirements;

 

(8)  Whether the applicant’s electrician license has been suspended, revoked or sanctioned in any jurisdiction and if so:

 

a.  Name and location of the particular administrative licensing agency;

 

b.  An explanation of the circumstances;

 

c.  Date of administrative licensing agency’s action or loss of electrician license; and

 

d.  Reason for the administrative licensing agency’s action, including whether it was a result of settlement;

 

(9)  High school and higher education, including:

 

a.  Name and location of school;

 

b.  Date of high school graduation;

 

c.  Courses and certificates obtained;

 

d.  Major and degree awarded, if applicable; and

 

e.  Dates attended;

 

(10) Photograph of the applicant taken no more than 6 months prior to the date of the application;

 

(11)  Certification showing proof of:

 

a.  Completion of a state, federal or employer certification program approved by the board pursuant to Elec 306; and

 

b.  Signature of licensed master or high medium voltage electrician;

 

(12)  The applicant’s social security number required pursuant to RSA 161-B:11, VI-a; and

 

(13)  Applicant’s signature under the penalty of unsworn falsification and date signed.

 

          (g)  Each apprentice applicant shall furnish the following on the prescribed form:

 

(1)  Name, address and telephone number;

 

(2)  Date of birth;

 

(3)  E-mail address;

 

(4)  Name and address of current employer, nature of employer’s business, and date employment started;

 

(5)  Name and address of most recent former electrical employer;

 

(6)  Names and addresses of 3 references of persons unrelated to the applicant who have knowledge of the applicant’s professional character;

 

(7)  Whether the applicant has any felony criminal convictions that have not been annulled by the court and if so:

 

a.  Date of conviction;

 

b.  Nature of the offense;

 

c.  The penalty imposed by the court, including any terms of probation; and

 

d.  Any continuing court requirements;

 

(8)  Whether the applicant’s right of apprenticeship has been suspended, revoked or sanctioned in any jurisdiction and if so:

 

a.  Name and location of the particular administrative agency;

 

b.  An explanation of the circumstances;

 

c.  Date of administrative agency’s action; and

 

d.  Reason for the administrative agency’s action, including whether it was a result of settlement;

 

(9)  High school and higher education, including:

 

a.  Name and location of school;

 

b.  Date of high school graduation;

 

c.  Courses and certificates obtained;

 

d.  Major and degree awarded, if applicable; and

 

e.  Dates attended;

 

(10)  Photograph of the applicant taken no more than 6 months prior to the date of the application;

 

(11)  If the applicant has been licensed as an electrician in another state, the name of that state;

 

(12)  Signature of supervising master electrician and his/her master electrician’s license number;

 

(13)  The applicant’s social security number required pursuant to RSA 161-B:11, VI-a; and

 

(14)  Applicant’s signature under the penalty of unsworn falsification and date signed.

 

          (h)  Each high/medium voltage trainee applicant shall furnish the following on the prescribed form:

 

(1)  Name, address and telephone number;

 

(2)  Date of birth;

 

(3)  E-mail address;

 

(4)  Name and address of current employer, nature of employer’s business, and date employment started;

 

(5)  Name and address of most recent former employer;

 

(6)  Names and addresses of 3 references of persons unrelated to the applicant who have knowledge of the applicant’s professional character;

 

(7)  Whether the applicant has any felony criminal convictions that have not been annulled by the court and if so:

 

a.  Date of conviction;

 

b.  Nature of the offense;

 

c.  The penalty imposed by the court, including any terms of probation; and

 

d.  Any continuing court requirements;

 

(8)  Whether the applicant’s right to train as a high/medium voltage electrician has been suspended, revoked or sanctioned in any jurisdiction and if so:

 

a.  Name and location of the particular administrative agency;

 

b.  An explanation of the circumstances;

 

c.  Date of administrative agency’s action or loss of electrician license; and

 

d. Reason for the administrative agency’s action, including whether it was a result of settlement;

 

(9)  High school and higher education, including:

 

a.  Name and location of school;

 

b.  Date of high school graduation;

 

c.  Courses and certificates obtained;

 

d.  Major and degree awarded, if applicable; and

 

e.  Dates attended;

 

(10)  Photograph of the applicant taken no more than 6 months prior to the date of the application;

 

(11)  If the applicant has been licensed as a high/medium voltage electrician in another state, the name of that state;

 

(12) Signature of supervising high/medium voltage or master electrician and his/her high/medium voltage or master electrician’s license number;

 

(13)  The applicant’s social security number required pursuant to RSA 161-B:11, VI-a; and

 

(14)  Applicant’s signature under the penalty of unsworn falsification and date signed.

 

          (i)  Each third party electrical inspector applicant shall furnish the following on the prescribed form:

 

(1)  Name, address, and telephone number;

 

(2)  Date of birth;

 

(3)  Email address;

 

(4)  Name and address of current employer, nature of employer’s business, and date(s) of employment;

 

(5)  Whether the applicant has any felony criminal convictions that have not been annulled by the court and if so:

 

a.  Date of conviction;

 

b.  Nature of the offense;

 

c.  The penalty imposed by the court, including any terms of probation; and

 

d.  Any continuing court requirements;

 

(6)  If currently licensed as an electrician in New Hampshire or any other jurisdiction, the license type, date of issuance, license number, and state of licensure;

 

(7)  If currently licensed in New Hampshire as a professional electrical engineer, the license number;

 

(8)  An indication of which level of third party electrical inspector they are applying for; and

 

(9)  If applying for approval as a third party electrical inspector as a professional electrical engineer:

 

a. For level 1 third party electrical inspector applications, documentation sufficient to demonstrate knowledge of residential electrical design; or

 

b.  For level 2 third party electrical inspector applications, documentation sufficient to show knowledge of commercial and industrial electrical design for 5 years.

 

(10)  If applying for approval as a third party electrical inspector as a New Hampshire building official:

 

a. For level 1 third party electrical inspector applications, having performed electrical inspections as a New Hampshire building official for a minimum of 3 years; or

 

b.  For level 2 third party electrical inspector applications, having performed commercial and industrial electrical inspections as a New Hampshire building official for a minimum of 5 years.

 

(11)  The applicant’s social security number required pursuant to RSA 161-B:11, VI-a; and

 

          (12)  Applicant’s signature under the penalty of unsworn falsification and date signed.

 

          (j)  Pursuant to RSA 319-C:6-b, a fee of $50.00 shall be submitted along with each initial application set forth in this section.  Once an application is accepted by the board, no refund shall be granted.  Apprentice electricians pursuant to Elec 304.02, high/medium voltage trainees pursuant to Elec 304.04, and third party electrical inspectors pursuant to Elec 304.05 shall not be charged an application fee.

 

          (k)  Applications about which there has been no communication from the applicant to the board for one year shall be destroyed.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; amd by #10807, eff 4-1-15; amd by #12334, eff 7-22-17 (formerly Elec 301.04) (See Revision Note #3 at chapter heading for Elec 300); ss by #12797, eff 6-6-19

 

PART Elec 303  APPROVAL PROCESS

 

          Elec 303.01  Approval of Corporation or Partnership.

 

          (a)  A corporate or partnership license shall be issued when the applicant:

 

(1)  Submits a completed application, along with the appropriate fee, pursuant to Elec 302.04(d) and (i);

 

(2)  Meets the qualification requirements of Elec 304; and

 

(3)  Submits a certificate of good standing from the NH secretary of state's office for the corporation or partnership.

 

          (b)  A corporation shall include limited liability companies. A partnership shall include limited liability partnerships and limited partnerships.

 

          (c)  All corporations and partnerships shall be registered with the NH secretary of state’s office, including foreign corporations and partnerships doing business in NH.

 

          (d)  All corporations and partnerships performing electrical installations or high/medium voltage power distribution installations in which the master or high/medium voltage electrician, directly in charge of all aspects of the electrical installations, has a controlling interest, may be licensed as a corporation or partnership pursuant to RSA 319-C:10. All other corporations or partnerships doing electrical installations shall be licensed pursuant to RSA 319-C:10.

 

          (e)  Each corporation or partnership performing electrical installations shall have a currently licensed NH master electrician directly in charge of all aspects of its electrical installations.

 

          (f)  Each corporation or partnership performing high/medium voltage electrical installations shall have a currently licensed NH master or high/medium voltage electrician directly in charge of all aspects of its high/medium voltage electrical installations.

 

          (g)  The board shall issue a corporation/partnership identification card and license to the NH master electrician who is directly in charge of a corporation or partnership’s electrical business affairs or the NH master or high/medium voltage electrician who is directly in charge of a corporation or partnership’s high/medium voltage electrical business affairs.

 

          (h)  An applicant who has been denied a corporation or partnership license shall be provided an opportunity for an administrative hearing before the board in accordance with the requirements of Elec 207.

 

          (i)  The initial fee for a corporation or partnership license shall be $125.00.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 302.01) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 303.02  Approval of Master Electrician.

 

          (a)  A master electrician license shall be issued when the applicant:

 

(1)  Submits a completed application, along with the appropriate fee, pursuant to Elec 302.04(e) and (i);

 

(2)  Meets the qualification requirements of Elec 304.01;

 

(3)  Meets the examination requirements of Elec 305, as applicable;

 

(4)  Has no disqualifying felony convictions pursuant to Elec 302.04(e)(7); and

 

(5)  Has not had his/her electrician’s license suspended, revoked or sanctioned in any jurisdiction pursuant to Elec 302.04(e)(8).

 

          (b)  For the purposes of (a)(4) above, a felony conviction shall be considered disqualifying if:

 

(1)  The date of conviction is 10 years old or less; and

 

(2)  One of the following applies:

 

a.  The conviction involves theft, forgery, fraud or other purpose to deprive the property of another; or

 

b.  The conviction involves perjury, unsworn falsification or other falsification of official matters; or

 

c.  The conviction has a direct bearing on the applicant’s ability to be licensed as an electrician.

 

          (c)  An applicant who has been denied a master electrician license shall be provided an opportunity for an administrative hearing before the board in accordance with the requirements of Elec 207.

 

          (d)  The initial fee for a master electrician license shall be $90.00 for each year or portion of a year remaining of the 3-year license period.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 302.02) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 303.03  Approval of Journeyman Electrician.

 

          (a)  A journeyman electrician license shall be issued when the applicant:

 

(1)  Submits a completed application, along with the appropriate fee, pursuant to Elec 302.04(e) and (i);

 

(2)  Meets the qualification requirements of Elec 304.01;

 

(3)  Meets the examination requirements of Elec 305, as applicable;

 

(4)  Has no disqualifying felony convictions pursuant to Elec 302.04(e)(7); and

 

(5)  Has not had his/her electrician’s license suspended, revoked or sanctioned in any jurisdiction pursuant to Elec 302.04(e)(8).

 

          (b)  For the purposes of (a)(4) above, a felony conviction shall be considered disqualifying if:

 

(1)  The date of conviction is 10 years old or less; and

 

(2)  One of the following applies:

 

a.  The conviction involves theft, forgery, fraud or other purpose to deprive the property of another; or

 

b.  The conviction involves perjury, unsworn falsification or other falsification of official matters; or

 

c.  The conviction has a direct bearing on the applicant’s ability to be licensed as an electrician.

 

          (c)  An applicant who has been denied a journeyman electrician license shall be provided an opportunity for an administrative hearing before the board in accordance with the requirements of Elec 207.

 

          (d)  The initial fee for a journeyman electrician license shall be $50.00 for each year or portion of a year remaining of the 3-year license period.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 302.03) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 303.04  Approval of High/Medium Voltage Electrician.

 

          (a)  A high/medium voltage electrician license shall be issued when the applicant:

 

(1)  Submits a completed application, along with the appropriate fee, pursuant to Elec 302.04(f) and (i);

 

(2)  Meets the qualification requirements of Elec 304.03;

 

(3)  Has no disqualifying felony convictions pursuant to Elec 302.04(f)(7); and

 

(4)  Has not had his/her electrician’s license suspended, revoked or sanctioned in any jurisdiction pursuant to Elec 302.04(f)(8).

 

          (b)  For the purposes of (a)(3) above, a felony conviction shall be considered disqualifying if:

 

(1)  The date of conviction is 10 years old or less; and

 

(2)  One of the following applies:

 

a.   The conviction involves theft, forgery, fraud or other purpose to deprive the property of another; or

 

b.  The conviction involves perjury, unsworn falsification or other falsification of official matters; or

 

c.  The conviction has a direct bearing on the applicant’s ability to be licensed as an electrician.

 

          (c)  An applicant who has been denied a high/medium voltage electrician license shall be provided an opportunity for an administrative hearing before the board in accordance with the requirements of Elec 207.

 

          (d)  The initial fee for a high/medium voltage electrician license shall be $90.00 for each year or portion of a year remaining of the 3-year license period.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 302.04) (See Revision Note #3 at chapter heading for Elec 300) 

 

          Elec 303.05  Approval of  Apprentice.

 

          (a)  An apprentice identification card shall be issued when the applicant:

 

(1)  Submits a completed application, along with the appropriate fee, pursuant to Elec 302.04(g);

 

(2)  Meets the qualification requirements of Elec 304.02;

 

(3)  Has no disqualifying felony convictions pursuant to Elec 302.04(g)(7); and

 

(4)  Has not had his/her rights of apprenticeship suspended, revoked or sanctioned in any jurisdiction pursuant to Elec 302.04(g)(8).

 

          (b)  For the purposes of (a)(3) above, a felony conviction shall be considered disqualifying if:

 

(1)  The date of conviction is 10 years old or less; and

 

(2)  One of the following applies:

 

a.  The conviction involves theft, forgery, fraud or other purpose to deprive the property of another; or

 

b.  The conviction involves perjury, unsworn falsification or other falsification of official matters; or

 

c.  The conviction has a direct bearing on the applicant’s ability to be an apprentice.

 

          (c) An applicant who has been denied an apprentice identification card shall be provided an opportunity for an administrative hearing before the board in accordance with the requirements of Elec 207.

 

          (d)  The initial fee for an apprentice shall be $30.00.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 302.05) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 303.06  Approval of High/Medium Voltage Trainee.

 

          (a)  A high/medium voltage trainee identification card shall be issued when the applicant:

 

(1)  Submits a completed application, along with the appropriate fee, pursuant to Elec 302.04(h);

 

(2)  Meets the qualification requirements of Elec 304.04;

 

(3)  Has no disqualifying felony convictions pursuant to Elec 302.04(h)(7); and

 

(4)  Has not had his/her electrician’s license or right to train as a high/medium voltage electrician suspended, revoked or sanctioned in any jurisdiction pursuant to Elec 302.04(h)(8).

 

          (b)  For the purposes of (a)(3) above, a felony conviction shall be considered disqualifying if:

 

(1)  The date of conviction is 10 years old or less; and

 

(2)  One of the following applies:

 

a.  The conviction involves theft, forgery, fraud or other purpose to deprive the property of another; or

 

b.  The conviction involves perjury, unsworn falsification or other falsification of official matters; or

 

c.  The conviction has a direct bearing on the applicant’s ability to be licensed as an electrician.

 

          (c)  An applicant who has been denied a high/medium voltage trainee identification card shall be provided an opportunity for an administrative hearing before the board in accordance with the requirements of Elec 207.

 

          (d)  The initial fee for a high/medium voltage trainee identification card shall be $30.00.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 302.06) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 303.07  Approval of Third Part Electrical Inspectors.

 

          (a)  A third party electrical inspector applicant shall be approved when the applicant:

 

(1)  Submits a completed application pursuant to Elec 302.04(i); and

 

(2)  Meets the qualification requirements of Elec 304.05;

 

          (b)  An applicant who has been denied approval under this section shall be provided an opportunity for an administrative hearing before the board in accordance with the requirements of Elec 207.

 

Source.  #12797, eff 6-6-19

 

PART Elec 304  QUALIFICATIONS

 

          PART Elec 304  QUALIFICATIONS

 

          Elec 304.01  Journeyman and Master Electrician Qualifications.

 

          (a)  Each applicant for a license as a journeyman electrician as defined in RSA 319-C:2, IV, shall:

 

(1)  Obtain 8000 hours practical or field experience as an apprentice to a journeyman or master electrician licensed by the board; and

 

(2)  At least one of the following:

 

a.  Obtain 600 hours of electrical schooling, including a minimum of 24 hours on electrical safety, either:

 

1.  Accomplished in courses of 150 hours, including a minimum of 6 hours on electrical safety.  Multiple courses may be taken per year; or

 

2.  By having an associate or higher degree in an electrical curriculum;

 

b.  Have 10 years of experience as a journeyman or master electrician licensed in another jurisdiction; or

 

c.  Have previously taken the journeyman or master exam in NH.

 

          (b)  The board shall, with documentation specifying hours by certificate, transcript, or official letter from the attending school, give credit for the documented amount of practical experience, not to exceed 2000 hours, towards the practical experience requirement for completion of prescribed courses in electrical installations at the following schools:

 

(1)  All N.H. community technical colleges;

 

(2)  N.H. Technical Institute, Concord;

 

(3)  National Joint Apprenticeship Schools run by the International Brotherhood of Electrical Workers and the National Electrical Contractors’ Association;

 

(4)  Vocational training schools approved by the NH board of education; and

 

(5)  Any out-of-state school approved by a regional or national accrediting agency that is recognized by the United States Department of Education.

 

          (c)  Field experience may be accumulated by any student working part-time for a master electrician during his or her full-time post secondary education.

 

          (d)  Any student pursuant to (c) above, shall provide proof of field experience as follows:

 

(1)  Dates of employment;

 

(2)  Type of work performed; and

 

(3)  Signature of the master electrician.

 

          (e)  Time credited towards practical and field experience pursuant to (b) and (c) above, shall not be accumulated concurrently.

 

          (f)  Each applicant for a license as a master electrician as defined in RSA 319-C:2, V, shall pass the journeyman examination and obtain 2000 hours of field experience as a journeyman in performing electrical installations as defined in RSA 319-C:2, III, prior to being allowed to take the master examination.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; ss by #12334, eff 7-22-17 (formerly Elec 303.01) (See Revision Note #3 at chapter heading for Elec 300); ss by #13204, eff 5-11-21

 

         Elec 304.02  Apprentice Qualifications.

 

         (a)  Each apprentice electrician shall be registered in accordance with this section and subsequently shall be issued an identification card issued by the board before performing electrical installations.  The apprentice electrician identification card shall be valid for a period of 12 months.

 

         (b)  Each apprentice electrician shall be employed by a master electrician or other employer who is not in the primary business of performing electrical installations but who also employs a NH master electrician from whom the apprentice electrician receives direction and supervision.

 

         (c)  Each apprentice applicant shall complete and submit an application form, as described in (g) below, and meet one of the following requirements:

 

(1)  Either:

 

a.  Be 18 years of age or older; or

 

b.  If under 18 but have completed high school, provide documentation showing successful completion of a high school curriculum approved by the department of education in the state in which he or she resides;

 

(2)  Be between 16 and 18 years old and provide a copy of his or her identification, showing he or she is between 16 and 18 years old, and either:

 

a.  Documentation that he or she is a student currently enrolled in a high school curriculum that is approved by the department of education in the state in which he or she resides; or

 

b.  A letter on school letterhead from the principal or designee, or from the school district if the applicant is being home schooled, verifying that they are still enrolled in high school and are currently on track for graduation; or

 

(3)  Show proof of enrollment in an electrical Career and Technical Education (CTE) program approved by the board under Elec 304.04;

 

         (d)  The following applies to those qualifying pursuant to (c)(1) above:

 

(1)  To renew their registration, apprentices shall satisfactorily show proof of completion of a minimum of 150 hours of electrical schooling in the school which uses an industry standard published program, based on either the version of the National Electrical Cod as adopted in RSA chapter 155-A the most recent version, during each 12-month period; and

 

(2)  Notwithstanding (1) above, during the first renewal period only, if an apprentice is unable to enroll in electrical schooling due to constraints of the academic calendar or other good cause, the apprentice may satisfy the requirements in (1) above by submitting a one-time letter of intent to enroll or enrollment in the school.

 

         (e)  The following applies to those qualifying pursuant to (c)(2) above:

 

(1)  The board shall give credit for all accumulated field experience, if accompanied certifications of completed experience authenticated by the supervising master electrician;

 

(2)  Employers shall meet all requirements of the state department of labor for employees under 18 years of age including insurance requirements;

 

(3)  The apprentice shall show successful completion of the previous school year as described in (2) above and completion of a 10- hour OSHA course with their first renewal;

 

(4)  Notwithstanding (a) above, the identification card shall expire yearly on September 30th of the year following the issuance of  the ID card, when the apprentice renews, he or she shall include a letter on school letterhead from the principal or designee verifying that he or she is still enrolled in high school, or from the school district if they are being home schooled and, is currently on track for graduation; and

 

(5)  The master signing for the student apprentice shall sign for the field hours the student apprentice has completed in his or her employ.

 

            (f)  The following applies to students in a CTE program as described in (c)(3) above:

 

(1)  The board shall give credit for all accumulated field experience, accompanied by certifications of completed experience authenticated by the supervising master electrician;

 

(2)  Employers shall meet all requirements of the state department of labor for employees under 18 years of age, including insurance requirements;

 

(3)  Notwithstanding (a) above, the identification card shall expire yearly on the September 30th of the year following the issuance of the ID card. When the apprentice renews he or she shall include a letter on school letterhead from the principal or designee verifying that he or she is still enrolled in high school, or from the school district if he or she are being home schooled, and notifying the board the student is currently on track for graduation; and

 

(4)  The master signing for the student apprentice shall sign for the field hours the student apprentice has completed in their employ; and

 

(5)  Applicants successfully completing a CTE electrical 2- or 3- year program for high school students recognized and approved by the board shall also receive:

 

a.  Credit for completion of year one, 150 hours, of the apprentice schooling required with successful completion of the related classroom hours during the 2 to 3 year school program period; and

 

b.  An opportunity to accumulate up to 500 credit hours of practical experience in the schooling program, signed for by the teacher/master electrician.

 

         (h)  The application form shall be the “Application for New Electrician Apprentice or High/Medium Voltage Trainee,” effective January 2020, and shall include requirements for the following:

 

(1)  Social security number, as required pursuant to RSA 161-B:11, VI-a;

 

(2)  The signature of master electrician under which the applicant will be working, and the master’s license number.  For CTE applications applying under (c)(3) above, the teacher/master shall sign the apprentice application;

 

(3)  The names and addresses of three references who have knowledge of the applicant’s professional character;

 

(4)  Attach a color photograph, taken not more than 6 months prior to the date of the application; and

 

(5)  An attestation stating the following: “I have read the contents hereof and clearly understand that the correctness and truth of my statements as recorded in this application are material, not only to the issuance of the certificate of licensure, as applied for, but also to the retention of said certificate, if issued.”

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; amd by #12334, eff 7-22-17 (formerly Elec 303.02) (See Revision Note #3 at chapter heading for Elec 300); ss by 12974, eff 1-16-20

 

          Elec 304.03  High/Medium Voltage Electrician Qualifications.  Each applicant for a license as a high/medium voltage electrician shall have certification showing completion of a state, federal or employer certification program approved by the board pursuant to Elec 307.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 303.03) (See Revision Note #3 at chapter heading for Elec 300)

 

         Elec 304.04  NH Career and Technical Education (CTE) Electrical Program Criteria.  The board shall approve apprentice applicants from CTE program approved by the department of education under RSA chapter 188-E and Ed 306.34 when the CTE program meet the following criteria:

 

         (a)  Teachers in an approved CTE electrical program shall be currently licensed as a NH electrician, pursuant to RSA 319-C:3, IX-a;

 

         (b)  The teacher/master shall record all accumulated schooling and practical experience during the instructional program;

 

         (c)  The program shall require all enrolled students to be registered as apprentices with the board;

 

         (d)  The initial sponsor/master for the student apprentice shall be the master/teacher for the CTE electrical program or the master in (e)(1) below; and

 

         (e)  A school craft or advisory committee, that meets the following requirements, shall be assigned to oversee the electrical program as follows:

 

         (f)  At least one member shall be a NH master electrician, assuming the NH master electrician responsibilities, to oversee the development of the electrical apprentice;

 

         (g)  The board shall be notified of the designated NH master electrician serving on the craft committee and of any change to the designated master, pursuant to RSA 319-C:3, IX-a; and

 

         (h)  The NH master electrician shall provide program progress reports at the start of the school year and at the end of the school year.

 

Source.  #12974, eff 1-16-20

 

          Elec 304.05  High/Medium Voltage Trainee Qualifications.

 

          (a)  Each high/medium voltage trainee shall:

 

(1)  Be employed by a high/medium voltage or master electrician; and

 

(2)  Obtain an identification card issued by the board, which shall be valid for a period of 12 months.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 303.04) (See Revision Note #3 at chapter heading for Elec 300) renumbered by #12797 (formerly Elec 304.04)

 

          Elec 304.06  Qualifications for Third Party Electrical Inspectors.

 

          (a)  Each applicant for approval as a level 1 third party electrical inspector shall:

 

(1)  Be certified in one and 2 family inspections by the IAEI or ICC; and

 

(2)  Satisfy one of the following requirements:

 

a.  Have performed electrical inspections as a New Hampshire building official for a minimum of 3 years;

 

b.  Hold a journeyman’s license for a minimum of 3 years, including one year as a journeyman in New Hampshire;

 

c.  Hold a New Hampshire master’s electrician license for a minimum of one year; or

 

d.  Hold a license as a New Hampshire professional electrical engineer with documented knowledge of residential electrical design.

 

          (b)  Each applicant for approval as a level 2 third party electrical inspector shall:

 

(1)  Be certified in commercial and industrial inspections by the IAEI or ICC; and

 

(2)  Satisfy one of the following requirements:

 

a.  Have performed commercial and industrial electrical inspections as a New Hampshire building official for a minimum of 5 years;

 

b.  Hold a journeyman’s license for a minimum of 8 years, including one year as a New Hampshire licensed journeyman electrician;

 

c.  Hold a master electrician license for a minimum of 5 years, including one year as a New Hampshire master electrician; or

 

d.  Hold a license as a New Hampshire professional electrical engineer with documented knowledge of commercial and industrial electrical design for a minimum of 5 years.

 

          (c)  Any applicant under (a) and (b) above who is currently licensed as a journeyman or master electrician or professional electrical engineer shall be in good standing in their state of licensure and shall not be under investigation in any jurisdiction at the time they apply for approval under this section.

 

          (d)  A third party inspector approval shall be valid for a period of 3 years from the date of approval.  A renewal application shall be submitted within 30 days prior to expiration.

 

          (e)  Who does not have direct interest and/or role in the property involved.

 

Source.  #12797, eff 6-6-19 renumbered by #12974 (formerly Elec 304.05)

 

          Elec 304.07  Qualifications for All Applicants.  All applicants for licensure under this chapter shall be of good professional character, as evidenced by the information supplied by the applicants on the application forms described in this chapter.

 

Source.  #12334, eff 7-22-17 (See Revision Note #3 at chapter heading for Elec 300); renumbered by #12797 (formerly Elec 304.05) renumbered by #12974 (formerly Elec 304.06)

 

PART Elec 305  EXAMINATIONS

 

          Elec 305.01  Format and Subject Matter.

 

          (a)  For exams taken after January 1, 2018, all questions on the National Electrical Code shall be based upon the edition of the National Electrical Code, copyrighted by the National Fire Protection Association, NFPA-70 that has been adopted by the state of New Hampshire pursuant to RSA 155-A:1, IV.

 

          (b)  The journeyman examination shall consist of 110 questions, as follows:

 

(1)  Fifty questions based upon the National Electrical Code as described in (a) above;

 

(2)  Fifty questions based upon practical electrical installations as defined in RSA 319-C:2, III; and

 

(3)  Ten questions based upon RSA 319-C and the administrative rules.

 

          (c)  The master examination shall consist of 125 questions, as follows:

 

(1)  Fifty questions based upon the National Electrical Code as described in (a) above;

 

(2)  Fifty questions based upon practical electrical installations as defined in RSA 319-C:2, III; and

 

(3)  Twenty-five questions based upon RSA 319-C and the administrative rules.

 

          (d)  Practical questions shall be based upon the American Electricians Handbook published by McGraw-Hill, current edition.

 

          (e)  The relicensing examination shall consist of 20 questions based upon the National Electrical Code as described in (a) above.

`

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; amd by #10859, eff 6-24-15; ss by #12334, eff 7-22-17 (formerly Elec 304.01) (See Revision Note #3 at chapter heading for Elec 300); ss by #13204, eff 5-11-21

 

          Elec 305.02  Passing Grade.  Applicants shall receive a score of 70% to achieve a passing grade on the licensing examination.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 304.02) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 305.03  Date and Notification.

 

          (a)  The initial and relicensing examinations for both master and journeyman licenses shall be held by appointment with a testing entity.

 

          (b)  Each applicant shall be notified of their approval to take the examination by mail, to the address listed on the application.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; ss by #10807, eff 4-1-15; ss by #12334, eff 7-22-17 (formerly Elec 304.03) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 305.04  Application Fees and Refunds.

 

      (a)  Application fees shall be imposed as follows:

 

(1)  $50.00 for a journeyman or master application; and

 

(2)  $25.00 for a relicensing application.

 

          (b)  All fees received by the board shall be deposited with the treasurer, state of NH.

 

          (c)  No refunds of application fees shall be granted.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; ss by #12334, eff 7-22-17 (formerly Elec 304.04) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 305.05  Approval of Testing Entity.

 

          (a)  Each entity seeking approval of its testing program shall mail the items in Elec 305.05 (b) to the board at the address listed in Elec 103.05(b).

 

          (b)  Each entity seeking approval shall submit the following to the board:

 

(1)  A short statement of the license(s) for which the entity requests the evaluation of its testing program;

 

(2)  The testing administrative procedure and the amount of the fees;

 

(3)  Documentation showing standards of examination integrity, including:

 

a.  Validation of the tests by the testing entity to ensure reliability with current industry standards, to be done periodically but no less than every 2 years; and

 

b.  The manner and method by which the security of the tests is maintained, both electronically and by hard copy; and

 

(4)  Documentation of adequate proctoring of the tests, including:

 

a.  Administration of the tests to only those candidates who meet all prerequisites of the particular test being administered, including approval from the board;

 

b.  The monitoring of the registration process;

 

c.  Proof of positive identification from the candidates, by means of a government-issued photo identification;

 

d.  Adequate and comfortable testing environment, including temperature, light and seating arrangements;

 

e.  The prevention of the use of electronic devices and other reference material that is not authorized by the board, except a non-programmable or non-electrical programmed calculator, if the test requires mathematical calculations;

 

f.  Administration of the test to ensure that candidates cannot readily view the tests of other candidates; and

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; ss by #12334, eff 7-22-17 (formerly Elec 304.06) (See Revision Note #3 at chapter heading for Elec 300)

 

PART Elec 306  ADDITIONAL FEES

 

          Elec 306.01  Certified Copy of License.  The fee for a certified copy or statement of a license shall be $10.00 per copy or statement.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 305.01) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 306.02  Replacement Fee.  The fee for a replacement of a license or identification card shall be $10.00 each.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 305.02) (See Revision Note #3 at chapter heading for Elec 300)

 

          Elec 306.03  Copy Fees for Videos and Digital Photographs.

 

          (a)  The fee for a VHS video copy shall be $50.00.

 

          (b)  The fee for digital photographs on CD shall be $15.00.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (formerly Elec 305.03) (See Revision Note #3 at chapter heading for Elec 300)

 

PART Elec 307  CRITERIA FOR APPROVAL OF TRAINING PROGRAMS

 

          Elec 307.01  Training Program Approval.

 

          (a)  Applicants for approval of training programs shall submit the following to the board:

 

(1)  A statement of the certification for which the entity wants its training program to be evaluated;

 

(2)  The training program’s curriculum;

 

(3)  A copy of the training program’s educational materials;

 

(4)  A statement demonstrating:

 

a.  The integrity and proctoring of exams; and

 

b.  The educational subject matter incorporated in the exams; and

 

(5)  A copy of a sample certificate of each certificate for which the entity is seeking approval.

 

          (b) Applicants for approval of training programs shall submit documentation to the board substantiating the following:

 

(1)  How the program curriculum reflects current practice standards;

 

(2)  The organization of the curriculum including:

 

a.  The content of each of the courses;

 

b.  The total number of hours of classroom instruction;

 

c.  Credentials of the instructor(s) such as a New Hampshire electrician license number, and specific sections of the training program taught by each instructor;

 

d.  Course and unit objectives; and

 

e.  The processes used to evaluate the progress of the students.

 

          (c)  Applicants shall provide written permission for the board to visit the program site for the purpose of assessing the program's compliance with the requirements for board approval.

 

          (d)  Requests for approval of training programs shall be granted if the information submitted pursuant to Elec 307.01 (a)-(c) demonstrates that the program prepares candidates for licensure. Approvals shall be valid for the remainder of the current code cycle.

 

Source.  #10420, eff 9-25-13; ss by #12334, eff 7-22-17 (formerly Elec 306.01) (See Revision Note #3 at chapter heading for Elec 300)

 

CHAPTER Elec 400  CONTINUED STATUS

 

PART Elec 401  RENEWAL

 

          Elec 401.01  Renewal of Corporation/Partnership License.  The annual renewal fee for a corporation or partnership license shall be $125.00 due on the last day of the month of May.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13 (from Elec 305.04)

 

          Elec 401.02  Renewal.  Licensees shall renew their license by the last day of their birth month, every 3 years.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 401.03  Renewal of Master Electrician License.  The 3-year renewal fee for a master electrician license shall be $270.00 due on the last day of the licensee’s birth month.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 401.04  Renewal of Journeyman Electrician License.  The 3-year renewal fee for a journeyman electrician license shall be $150.00 due on the last day of the licensee’s birth month.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 401.05  Renewal of Apprentice Identification Card.  The annual renewal fee for an apprentice identification card shall be $30.00 due on the last day of the month in which the identification card expires.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 401.06  Renewal of High/Medium Voltage Electrician License.  The 3-year renewal fee for a high/medium voltage electrician license shall be $270.00 due on the last day of the licensee’s birth month.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 401.07  High/Medium Voltage Trainee Identification Card.  The annual renewal fee for a high/medium voltage trainee identification card shall be $30.00 due on the last day of the trainee’s birth month.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 401.08  Late Fee.  In addition to any renewal fee, the fee for any license that has expired for more than one month shall be $50.00.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 401.09  Renewal Application.  The applicant shall supply the following information on the application form for license renewal:

 

          (a)  The applicant’s full name;

 

          (b)  The applicant’s employer’s address and telephone number;

 

          (c)  The applicant’s home address, telephone number and e-mail address;

 

          (d)  The applicant’s employment status;

 

          (e)  Whether the applicant has ever been convicted of any felony, that has not been annulled by a court pursuant to RSA 651:5 and if not annulled, the name of the court in which the conviction occurred, the details of the offense and the date of conviction and the sentence imposed.

 

          (f)  A statement indicating any disciplinary or legal action brought against the applicant by any licensing/certification board or jurisdiction and if so a description of the incident;

 

          (g)  Acknowledgement that, if the applicant provided false information that is discovered after the license is renewed, it shall be a basis for disciplinary action by the board; and

 

          (h)  The applicant’s signature and date.

 

Source.  #10420, eff 9-25-13

 

          Elec 401.10  Denial of Renewal. 

 

          (a)  Renewal shall be denied if, after notice and an opportunity for hearing, there is a finding of:

 

(1)  Noncompliance with the continuing education requirements of Elec 403;

 

(2)  Any act for which discipline shall be imposed under Elec 405;

 

(3)  Reasons for which an initial application would have been denied; or

 

(4)  Failure to furnish complete or accurate information on a renewal or license application.

 

Source.  #10420, eff 9-25-13

 

PART Elec 402  LAPSE OF LICENSE

 

          Elec 402.01  Time Limit.

 

          (a)  Any master or journeyman electrician whose license is not renewed within one year of the expiration date of the license shall:

 

(1)  Meet the requirements of this section and pass the relicensing examination set forth in Elec 304.01(e); or

 

(2)  Apply to take the master or journeyman examination, as determined by the expired license.

 

          (b)  The applicant shall submit the following:

 

(1)  The information set forth in Elec 301.04;

 

(2)  A statement of previous licensure including dates and license number; and

 

(3)  Proof of continuing education.

 

          (c)  A master or journeyman electrician whose license has lapsed over one year and up to 3 years from the expiration date of the license shall take a 15 hour course on the National Electrical Code as set forth in Elec 304.01(a).

 

          (d)  A master or journeyman electrician whose license has lapsed between 3 and 6 years from the expiration date of the license shall meet the requirement in (c) above, and:

 

(1)  Take a 45 hour course on the National Electrical Code as set forth in Elec 304.01(a); or

 

(2)  Show proof of working as an electrician, licensed as required, in another jurisdiction.

 

          (e)  A master or journeyman electrician whose license has lapsed between 6 and 10 years from the expiration date of the license shall meet the requirement in (c) above, and:

 

(1)  Take a 90 hour course on the National Electrical Code as set forth in Elec 304.01(a); or

 

(2)  Show proof of working as an electrician, licensed as required, in another jurisdiction.

 

          (f)  A master or journeyman electrician whose license has lapsed over 10 years from the date of expiration of the license shall meet the requirement in (c) above, and show proof of working as an electrician, licensed as required, in another jurisdiction.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 402.02  Armed Forces Inactive Status.

 

          (a)  The board shall place a master or journeyman electrician on inactive status upon receipt of:

 

(1)  A written request; and

 

(2)  Proof of service in the Armed Forces of the United States.

 

          (b)  The board shall return a master or journeyman electrician to active status upon receipt of:

 

(1)  Payment of the renewal fee;

 

(2)  Proof of completion of the current continuing education requirements; and

 

(3)  Proof that the licensee has not been discharged from service in the Armed Forces of the United States for more than one year.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 402.03  Reinstatement of Revoked License.

 

          (a)  In order to reinstate a revoked license, a master or journeyman electrician shall, after the license has been revoked for 5 years, reapply and pass an examination for an initial license.

 

          (b)  In order to reinstate a revoked license, a high/medium voltage electrician shall, after the license has been revoked for 5 years, reapply with proof of current certification by a state, federal, private or employer certification program approved by the board pursuant to Elec 306.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

PART Elec 403  CONTINUING EDUCATION

 

          Elec  403.01  Continuing Education for Licensees.

 

          (a)  Each journeyman or master electrician shall obtain 15 hours of instruction on the following:

 

(1)  The changes to the latest published edition of NFPA 70, the National Electrical Code; and

 

(2)  At least one hour of instruction in changes to:

 

a.  RSA 319-C;

 

b.  These rules; and

 

c.  The installation concerns for electrical installations, as determined by the board and available on the board’s website under the heading “licensing and installation concerns.”

 

          (b)  The requirements in (a) above shall be completed within 12 months from January 1st of the year following the issuance of the latest published edition of NFPA 70, the National Electrical Code.

 

          (c)  The 15 hours of instruction described in (a) above, shall be completed by a continuing education provider, who shall record proof of completion with the board within 7 days of the course ending.

 

          (d)  Every code cycle, each continuing education provider shall furnish the board with the following:

 

(1)  The provider’s resume;

 

(2)  A copy of the provider’s electrician license;

 

(3)  If not licensed in New Hampshire, a certified letter from the licensing agency verifying that the provider has a valid license in good standing; and

 

(4)  A completed “Request for Course Approval” form, revised March 2017, from a blank form provided by the board, which shall include:

 

a.  A course outline with the significant changes made in the instruction set forth in (a) above;

 

b.  Instructor’s names, and a copy of their electrician licenses and resumes;

 

c.  Number of days and number of hours per day over which courses will be given;

 

d.  The location(s) of the courses;

 

e.  Types of audio and visual equipment utilized;

 

f.  A course curriculum, which shall include the name of the program or the course material utilized;

 

g.  A certificate, which shall include:

 

1.  Provider’s name, business address and telephone number;

 

2.  Year of the code change;

 

3.  Name and license number of the electrician completing the course;

 

4.  Date of code course completion;

 

5.  Number of hours provided in the course; and

 

6.  Provider’s signature;

 

h.  An indication, conveyed by checking the appropriate box, that the course provider agrees to cover the NH laws, rules, licensing installations and concerns, and an awareness of NFPA 70E as part of or in addition to the 15 hours required; and

 

i.  An indication, conveyed by checking the appropriate box on the form, that the course provider grants the board permission to visit the program site for the purpose of assessing compliance with the board’s requirements for approval of licensing courses.

 

          (e)  During scheduled days, approved course providers shall take attendance once at the start of the program, once at the midway point, and once at the end of the day. Photographic identification and electrician’s license shall be required as proof of identity at registration and for proof of course completion before the certificate is issued to licensees.

 

          (f)  Classes shall start and end at their scheduled times. Breaks and lunches are not considered class time.

 

          (g)  The board shall approve courses and continuing education providers that meet the requirements of this section.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; ss by #12334, eff 7-22-17

 

          Elec 403.02  Continuing Education for Apprentices.

 

          (a)  Any apprentice with a current NH apprentice identification card who has completed the requirements set forth in Elec 304.01(a)(2) but has not achieved a journeyman electrician license before the fifth renewal of the apprentice identification card shall successfully complete 30 hours of classroom instruction as set forth in Elec 403.02(b) each year before the identification card shall be renewed.  The time of registration as an apprentice under Elec 304.01(d)(1), Elec 304.01(d)(2), and Elec 304.02(c) shall not count towards the 5 renewals.

 

          (b)  Education providers shall furnish the board, annually, with a course outline and instructor(s) qualifications, for supplemental education, which include:

 

(1)  Areas of deficiency identified by the board from the average of the most recent journeyman examination results;

 

(2)  Instructor’s names and resumes;

 

(3)  Number of days and number of hours per day over which courses will be given;

 

(4)  The location(s) of the courses; and

 

(5)  The installation concerns for electrical installations, as determined by the board.

 

          (c)  The board shall approve courses and education providers that meet the requirements of this section.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; ss by #12334, eff 7-22-17; ss by #13204, eff 5-11-21

 

PART Elec 404  GENERAL ADMINISTRATION

 

          Elec 404.01  Change of Corporate Name or Status.

 

          (a)  Within 30 days of dissolution, the master electrician or the president, director or partner of the corporation or partnership, shall furnish the board with a copy of the dissolution forms filed with the NH secretary of state’s office.

 

          (b)  Within 30 days of a change in the name of the corporation or partnership, the master electrician or the president, director or partner of the corporation or partnership shall furnish the board with a copy of the change of name form filed with the NH secretary of state’s office.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 404.02  Change in Master Electrician or High/Medium Voltage Electrician Responsible for a Corporation.

 

          (a)  Within 30 days of a change in the master electrician or high/medium voltage electrician responsible for the affairs of a corporation or partnership, the president, director or partner of the corporation or partnership shall furnish the following with the board:

 

(1)  A letter on company letterhead that states the reason(s) for the change and the effective date of the change; and

 

(2)  The corporation /partnership identification card and license issued by the board.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 404.03  Change of Address.  Within 30 days of a change of address, any licensee, apprentice or high/medium voltage trainee shall notify the board, in writing or through electronic communication, of the new address.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 404.04  Compliance with Electrical Code.  All electrical installations performed by licensees or those who have been issued apprentice or high/medium voltage trainee identification cards shall comply with the requirements of RSA 155-A:1, IV, as amended by the building code review board under RSA 155-A:10, V.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

          Elec 404.05  Supervision.

 

          (a)  Electrical and high/medium voltage power distribution system installations performed by an apprentice shall be directly supervised by a master or journeyman electrician at all times.

 

          (b) A journeyman electrician shall directly supervise no more than one apprentice in the first year following his or her initial date of licensure.

 

          (c)  Starting at the first anniversary of his or her initial licensing date, a journeyman shall directly supervise no more than 2 apprentices.

 

          (d)  Unless restricted by Elec 404.05, each journeyman electrician on a work site may have up to 2 apprentices under his or her direct supervision for a maximum of 3 journeyman electricians per work site. Any additional journeyman electricians on the work site shall directly supervise no more than one apprentice.

 

          (e)  Each master electrician on a work site may have up to 2 apprentices working under his or her direct supervision for a maximum of 6 master electricians per work site. Any additional master electricians on the work site shall directly supervise no more than one apprentice.

 

          (f)  The number of licensed electricians, whether master or journeyman, directly supervising 2 apprentices on a work site shall not exceed 6.

 

          (g)  Electrical and high/medium voltage power distribution system installations performed by a journeyman electrician shall be periodically inspected by the master electrician from whom he receives direction and supervision.  The master electrician shall perform a final inspection of the journeyman’s completed installation.

 

          (h)  High/medium voltage power distribution system installations performed by a high/medium voltage trainee shall be directly supervised by a high/medium voltage, master or journeyman electrician at all times at the job site.

 

          (i)  Any licensee who fails to supervise as required by this section shall be subject to disciplinary action by the board.

 

          (j)  Electrical installations made by an apprentice or high/medium voltage trainee who has an expired apprentice or high/medium voltage trainee identification card shall be recorded in the apprentice or high/medium voltage trainee’s file for the board’s consideration when he/she applies for a license.

 

          (k) Electrical installations made by an apprentice or high/medium voltage trainee without the direct supervision of a master, journeyman or high/medium voltage electrician shall be recorded in the apprentice or high/medium voltage trainee’s file for the board’s consideration when he/she applies for a license.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; ss by #12641, INTERIM, eff 10-4-18, EXPIRES: 4-2-19; ss by #12736, eff 3-7-19

 

PART Elec 405  DISCIPLINARY ACTION

 

          Elec 405.01  Unprofessional Conduct.

 

          (a)  Unprofessional conduct shall include but not be limited to the following:

 

(1)  Any violation of RSA 319-C:12, II;

 

(2)  Failure to comply with local requirements regulating electrical installations;

 

(3)  Negligent or willful acts that negatively affect the health or safety of employees or others;

 

(4)  Failure to cooperate with a board inspector or administrative investigation; or

 

(5)  Failure to comply with a sanction from the board.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 405.02  Types of Disciplinary Action.

 

          (a)  A reprimand shall be a formal written reproof sent to the licensee.

 

          (b)  Limitation of certification shall require the licensee to report, on a monthly basis, the locations of his/her jobs in NH and a list of employees, if any, with his/her license or apprentice or high/medium voltage trainee ID numbers who are working on those jobs.  The monthly report shall be submitted whether or not the licensee had jobs in NH during the reporting period.

 

          (c)  Restriction of certification shall include one of the following:

 

(1)  The down grading of a license from a master to a journeyman for a licensee upon a determination that misconduct has occurred;

 

(2)  The down grading of a license from a journeyman to an apprentice for a licensee upon a determination that misconduct has occurred; or

 

(3)  The down grading of a license from a high/medium voltage electrician to a high/medium voltage trainee for a licensee upon a determination that misconduct has occurred.

 

          (d)  Suspension of certification shall be a temporary loss of license.

 

          (e)  Revocation of certification shall be a permanent loss of license.

 

          (f)  A program of continuing education shall be required when there is lack of knowledge in a specific area.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13

 

          Elec 405.03  Procedure for Disciplinary Action.

 

          (a)  Disciplinary action against any license shall occur only after an administrative hearing before the board in accordance with the requirements of Elec 200.

 

          (b)  After a hearing, if a finding is made by the board that misconduct has occurred, the board shall impose one or more of the disciplinary actions set forth in Elec 405.02.

 

          (c)  For the purposes of determining the length of a suspension pursuant to Elec 405.02 (d), the board shall impose the following:

 

(1)  For a first offense, up to a 6 month suspension, with all or a portion deferred for one year, with the limitation set forth in Elec 405.02 (b);

 

(2)  For a second offense, up to a one year suspension, with all or a portion deferred for 2 years, with the limitation set forth in Elec 405.02 (b); and

 

(3)  For each subsequent offense, between a 2 and a 5 year suspension, with all or a portion deferred for 2 years, with the limitation set forth in Elec 405.02 (b).

 

          (d)  For an electrical licensee’s failure to comply with Elec 404.04, the board shall impose the following:

 

(1)  For a first offense, up to 48 hours of schooling on the current national electrical code, in the area where he/she is deficient;

 

(2)  For a second offense, up to 96 hours of schooling on the current national electrical code, in the area where he/she is deficient; and

 

(3)  For each subsequent offense, up to a 5 year suspension and up to 144 hours of schooling on the current national electrical code, in the area where he/she is deficient.

 

          (e)  If the license suspension pursuant to Elec 405.03 (c) or (d) exceeds the remaining license period by less than one year, the license shall be renewed pursuant to Elec 401.02.

 

          (f)  If the license suspension pursuant to Elec 405.03 (c) or (d) exceeds the remaining license period by one year or more, the licensee shall meet the requirements of Elec 402.01 before license renewal shall be granted.

 

          (g)  For the purposes of determining disciplinary action, multiple licensing or registration offenses that occur on one job site or in one incident shall be considered separate offenses.

 

          (h)  If misconduct occurs during a period of deferred time, a hearing shall be conducted by the board to determine if the period of deferred time shall be imposed, in addition to any disciplinary action taken by the board on the misconduct that occurred during that period.

 

          (i)  In accordance with RSA 319-C:12, IV, the board shall not consider disciplinary action more than 7 years after the final decision in any future disciplinary proceeding concerning the same licensee.

 

          (j)  In imposing sanctions, the board shall consider the following mitigating factors in reducing a sanction:

 

(1)  The licensee’s acknowledgment of his/her wrongdoing;

 

(2)  The licensee’s willingness to cooperate with the investigation and the board;

 

(3)  Whether the licensee has committed prior offenses; and

 

(4)  The lack of severity of the offense.

 

          (k)  In imposing sanctions, the board shall consider the following aggravating factors in increasing a sanction:

 

(1)  The creation of a hazard or failure to correct a known hazard to public safety by the licensee;

 

(2)  The licensee’s lack of cooperation with the board’s inspector(s) to correct the problem;

 

(3)  The licensee’s lack of cooperation with the investigation or the board;

 

(4)  The licensee has committed one or more prior offenses; and

 

(5)  The severity of the offense.

 

Source.  #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revision Note #1 and Revision Note #2 at chapter heading for Elec 300); ss by #10420, eff 9-25-13; ss by #12334, eff 7-22-17 (See Revision Note #3 at chapter heading for Elec 300)

 

APPENDIX

 

Rule

Specific State or Federal Statutes the Rule Implements

Elec 101-104

RSA 319-C:2

Elec 105.01

RSA 541-A:16, I (a); RSA 319-C:4; RSA 319-C:6-a, IX

Elec 105.02-105.04

RSA 319-C:2

Elec 102-106

RSA 541-A:16, I (a); RSA 319-C:4; RSA 319-C:6

 

 

Elec 201.01-201.09

RSA 319-C:1; RSA 319-C:2; RSA 319-C:3; RSA 319-C:6-a, VIII; RSA 541-A:1, I; RSA 541-A:1, XII; RSA 541-A:1, XIII

Elec 203.01

RSA 319-C:6-a, VIII

Elec 203.02

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(k)

Elec 203.03

RSA 319-C:6-a, V-a; RSA 541-A:16, I(b)

Elec 204.01-204.03

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(a)

Elec 205.01

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(f)

Elec 206.01

RSA 319-C:6-a, VIII; RSA 541-A:33

Elec 207.01-207.03

RSA 319-C:6-a, VIII; RSA 541-A:31, I-III

Elec 207.04

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(b)

Elec 207.05

RSA 319-C:6-a, VIII; RSA 541-A:31, V

Elec 207.06

RSA 319-C:6-a, VIII

Elec 207.07

RSA 319-C:6-a, VIII; RSA 541-A:31, V(a); RSA 541-A:38

Elec 208.01

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(g)

Elec 209.01

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(g); RSA 541-A:32

Elec 210.01-210.02

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(h)

Elec 211.01-211.03

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(c)

Elec 212.01

RSA 319-C:6-a, VIII; RSA 541-A:31, VI-VII-a

Elec 212.02

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(d)

Elec 212.03

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(e)

Elec 212.04-212.05

RSA 319-C:6-a, VIII; RSA 541-A:33

Elec 212.06

RSA 319-C:6-a, VIII; RSA 541-A:31, VIII

Elec 212.07-212.08

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(i)

Elec 212.09

RSA 319-C:6-a, VIII; RSA 541-A:30-a, III(l); RSA 541-A:35

Elec 213.01-213.05

RSA 319-C:6-a, VIII

Elec 214.01-214.04

RSA 541-A:11, VII

Elec 215.01-215.02

RSA 541-A:16, I (d)

 

 

Elec 301

RSA 541-A:7

Elec 302.01-302.03

RSA 319-C:6-a, II, V, VI; RSA 319-C:7, RSA 319-C:10

Elec 302.04

RSA 319-C:5-a; RSA 319-C:6-a, II, V, VI; RSA 319-C:7, RSA 319-C:10

Elec 302.04 (b) & (c)

RSA 319-C:6-a, I, V; RSA 319-C:6-b; RSA 319-C:7

Elec 302.05-302.06

RSA 319-C:6-a, II, V, VI; RSA 319-C:7, RSA 319-C:10

Elec 303.01

RSA 319-C:10; RSA 319-C:7, III; RSA 319-C:6-a, I, II, V; RSA 319-C:6-b

Elec 303.02

RSA 319-C:6-a, I, II, III, V; RSA319-C:6-b; RSA 319-C:7, II

Elec 303.03

RSA 319-C:6-a, I, II, III, V; RSA319-C:6-b; RSA 319-C:7, II

Elec 303.04

RSA 319-C:6-a, I, II, III, V; RSA319-C:6-b; RSA 319-C:7, II-a

Elec 303.05

RSA 319-C:6-a, I, II, III, V; RSA 319-C:6-b; RSA 319-C:7, IV

Elec 303.06

RSA 319-C:6-a, I, II, III, V; RSA 319-C:6-b; RSA 319-C:7, II-a

Elec 303.07

RSA 319-C:5-a

Elec 304.01

RSA 319-C:6-a, III, V, V-a; RSA 319-C:6-b; RSA 319-C:8

Elec 304.02

RSA 319-C:6-a, III, V, V-a; RSA 319-C:6-b; RSA 319-C:8; RSA 319-C:2-a

Elec 304.02(e)

RSA 319-C:6-a, I, II, V; RSA 319-6:-b, RSA 319-C:7, II, II-a, VI

Elec 304.03

RSA 319-C:6-a, III; RSA 319-C:7, II(b); 319-C:8

Elec 304.04

RSA 319-C:7

Elec 304.05

RSA 319-C:6-a, II (b)

Elec 305.01

RSA 319-C:6-a, III, V, V-a; RSA 319-C:6-b; RSA 319-C:8

Elec 305.02

RSA 319-C:6-a, V; RSA 319-C:6-b

Elec 305.03

RSA 319-C:6-a, III; RSA 319-C:7, II(b); 319-C:8

Elec 305.04-305.05

RSA 319-C:6-a, III, V, V-a; RSA 319-C:6-b; RSA 319-C:8

Elec 306

RSA 319-C:6-a, II; RSA 319-C:7, II, II-a

Elec 307

RSA 319-C:6-a, II; RSA 319-C:7, II, II-a

 

 

Elec 401.01-401.10

RSA 319-C:6-a, IV, V; RSA 319-C:6-b; RSA 319-C:9

Elec 402.01-402.03

RSA 319-C:6-a, IV, V-a; RSA 319-C:9

Elec 403.01-403.02

RSA 319-C:6-a, IV; RSA 319-C:6-c

Elec 404.01-404.04

RSA 319-C:6-a, VI, IX; RSA 319-C:10

Elec 404.05

RSA 319-C:2-a; RSA 319-C:6-a, VI, IX; RSA 319-C:10

Elec 405.01-405.03

RSA 319-C:6-a, VI, VII; RSA 319-C:12