CHAPTER Hab 100 ORGANIZATION

PART Hab 101 SCOPE AND APPLICABILITY OF RULES

Hab 101.01 Applicability and Interpretation.

(a) These rules shall be applicable to all matters before the board.

(b) These rules shall be interpreted to achieve consistent, just, and expeditious disposition of all matters before the board in accordance with the New Hampshire Constitution, the applicable statutes and case law.

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Hab 101.02 Absence of a Rule. These rules shall not limit the board's statutory duties or powers. The absence of a rule shall not limit the board's power to act pursuant to its statutory authorization.

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PART Hab 102 DEFINITIONS

Hab 102.01 “Accident, mistake, or misfortune” means something outside the party’s own control and not due to neglect, or something that reasonably prudent person would not be expected to guard against or provide for.

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Hab 102.02 “Agent” means an applicant’s representative who is not an attorney.

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Hab 102.03 “Appeal” means any appeal of the final decisions of municipal boards, committees, and commissions regarding questions of housing and housing development, including but not limited to:

(a) Planning board decisions on subdivisions or site plans;

(b) Board of adjustment decisions on variances, special exceptions, equitable waivers, administrative appeals, and ordinance administration;

(d) Growth management controls and interim growth management controls;

(e) Decisions of historic district commissions, heritage commissions, and conservation commissions;

(f) Other municipal permits and fees applicable to housing and housing developments; and

(g) Matters subject to the board’s authority might include mixed-use combinations of residential and nonresidential uses. Such different uses might occur on separate properties, provided such properties are all part of a common scheme of development.

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Hab 102.04 “Appeal Document” means any written appeal within the jurisdiction of this housing appeals board.

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Hab 102.05 “Board” means the New Hampshire housing appeals board.

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Hab 102.06 “Clerk” means clerk of the board or the board-designated deputy clerk.

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Hab 102.07 “Costs” means all fees, witness fees, attorney’s fees and expenses awardable by the board pursuant to RSA 679:13.

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Hab 102.08 “Default” means a party’s initial failure to comply, within the time set, with any board request, order or rule.

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Hab 102.09 “Document” means any written material filed with the board, including all appeals, petitions, motions, letters, and memoranda excluding exhibits submitted at a hearing.

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Hab 102.10 “Ex parte communication” means any direct or indirect communication with the board or an board member concerning a pending matter when all parties to the proceeding are not present or when all parties have not been sent a copy of any written communication in accordance with RSA 541-A:36.

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Hab 102.11 “Exhibit” means any non-testimonial evidence submitted at a hearing or with a motion, brief, or memorandum.

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Hab 102.12 “File” means the date an appeal is received by the board and determined by the board to be in compliance with RSA 679.

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Hab 102.13 “Final default” means a party’s failure to cure a default after having been advised by the board of the default and after having been provided an opportunity to cure the default within a set time in accordance with RSA 679:6, I.

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Hab 102.14 “Intervenor” means any person who is an abutter to any land use application or any other aggrieved or injured party who can demonstrate legal standing pursuant to RSA 677:4, RSA 677:15, or RSA 541-A:32.

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Hab 102.15 “Leave” means written permission granted by the board after the party has filed a motion for leave.

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Hab 102.16 “Municipal consultant” means a person hired by a municipality to represent its interest in a proceeding.

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Hab 102.17 “Municipality” means the entity, including a town, city, county, or village district against whom the appeal was filed.

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Hab 102.18 “Party” means a person or entity so designated by the board in any matter before it.

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Hab 102.19 “Statistical reports” means any document analyzing housing market data, or such other related matters.

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PART Hab 103 DESCRIPTION OF BOARD

Hab 103.01 Board’s Duties and Powers.

(a) The board’s general duties and powers are stated in RSA 679.

(b) Pursuant to RSA 679:7 the board has concurrent, appellate jurisdiction with the superior court over all appeals concerning housing and housing development land use appeals. Parties may appeal the board’s decision to the supreme court under RSA 679:15 and RSA 541:4, 5, and 6.

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Hab 103.02 Board’s Operation.

(a) The board’s telephone number is (603) 271-1198, and its website is https://hab.nh.gov. The board’s offices are located at:

Governor Gallen State Office Park

Johnson Hall

107 Pleasant Street

Concord, NH 03301

(b) The office is open on all legal state work days from 8:00 a.m. to 4:00 p.m.

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PART Hab 104 REQUESTS FOR INFORMATION

Hab 104.01 Requests for Information.

(a) This section shall apply to any person intending to submit requests for information such as copies of forms or rules, general questions, or the status of a file. This rule shall not apply to requests for rehearing, reconsideration, or clarification which is governed by Hab 201.32.

(b) A request for information shall:

(1) Be in writing and submitted to the board’s clerk;

(2) Specifically cite the information requested;

(3) Be accompanied with a self-addressed, stamped envelope, if applicable. If the stamped postage is insufficient to mail the request, the person requesting the information shall pay additional postage fees; and

(4) Be accompanied with the proper copying fees under Hab 301.01, if applicable.

(c) A party may request information in person at the board's offices. Requests that warrant additional time to compile shall be in writing, allowing sufficient time for mailing.

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CHAPTER Hab 200 RULES OF PROCEDURE

PART Hab 201 RULES APPLICABLE TO BOARD ADJUDICATIVE PROCEDURES

Hab 201.01 Purpose and Applicability.

(a) This chapter is intended to promote the just, consistent, and efficient handling of all proceedings before the board.

(b) This part, as well as RSA 679:9 and Hab 101, shall apply to all board proceedings except as specifically stated.

(c) Because the board's rules or governing statutes address the requirements of RSA 541-A:30-a, the model rules in Jus 800 shall not apply to board procedures.

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Hab 201.02 Communications with the Board.

(a) All communications shall be addressed to the board clerk or their designee and not to any board member.

(b) Ex parte communications shall be strictly prohibited pursuant to RSA 541-A:36.

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Hab 201.03 Computation of Time.

(a) In computing any period of time prescribed in RSA 679, RSA 677:4, RSA 677:15 or allowed by these rules, the last day of the period so computed shall be included, unless it is a Saturday or Sunday, a federal or state legal holiday, or any day on which the filing office is officially closed for the day or not open during the office’s normal hours in accordance with RSA 21:35.

(b) Unless authorized by statute, the board shall not enlarge time periods prescribed by statute.

(c) Unless otherwise specified by law, rule, or order, when a party is required to act within a certain number of days in commencing an appeal, that period shall begin as provided in RSA 679:5, I. Regarding housing appeals board orders, the date the Clerk signs the order or other communication shall be the starting date. The clerk shall mail all orders or other communications on the date indicated on the document.

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Hab 201.04 Filing an Appeal.

(a) The date an appeal or other document is considered received shall be when it is:

(1) Hand-delivered and received by the board at its office:

Johnson Hall – Housing Appeals Board

107 Pleasant Street

Concord, NH 03301

(2) If mailed, actually received by the board;

(3) Marked as receipted for delivery by a courier or overnight service such as Federal Express or United Parcel Service; or

(4) E-mailed to: clerk@hab.nh.gov.

(b) Under (1), (2), (3), and (4) above, within 5 days of filing, the applicant shall forward a certification that the municipal board, committee, or commission has been notified in accordance with RSA 679:6, I and Hab 201.13(a).

(c) Should the applicant fail to properly notify the statutorily required parties, the board, based on all relevant facts communicated to it including, but not limited to, the complexity of the case, whether there is a jurisdictional dispute, or a collateral filing of the matter in superior court under RSA 679:7, II, shall consider extending for a number of days equal to the delay in proper notification the time for the appearance, answer, and certified record filing dates, or dismissal of the appeal.

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Hab 201.05 Default.

(a) This section shall apply to all matters before the board, except for hearing attendance, which shall be governed by Hab 202.03. This section shall establish a procedure for addressing noncompliance with board orders or requests.

(b) A party who fails to respond to or comply with any board request, order, or rule shall be considered in default.

(d) Default orders shall:

(1) Specify how the party has defaulted;

(2) Order the party to cure the default within a specified period; and

(3) Inform the party of the effects of the failure to timely cure the default.

(e) A party shall be in final default if a party fails to timely cure the default order and a final default order shall issue. To set aside a final default, a party shall move to strike the final default, stating in the motion the reasons the party failed to comply with the board’s original order or rule, along with stating, with specificity, the reason the party failed to timely cure the default once ordered to do so.

(f) The board shall only grant the motion to set aside the final default when the party’s failure was due to accident, mistake, misfortune, or other good cause.

(g) If a party timely complies with a default order, the board without further order shall proceed with the appeal.

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Hab 201.06 Appearance and Representation Before the Board.

(a) Nonattorneys, including professional engineers, architects, and land surveyors, may represent any party before the board. Nothing in this section shall prevent the board from denying representation by any individual it deems to be improper, inappropriate, or unable to adequately represent the interests of the applicant or any other party. Reasons for denial shall include, but not be limited to, conflicts with any party to the proceeding, inability to adequately understand the nature of the proceeding, and the requirement that board rules be followed. The actions or inactions of attorneys or agents shall bind the represented party.

(b) Nothing in this section shall be interpreted to restrict a party's right to have and conduct a hearing before the board.

(d) The person who attends the hearing or a prehearing conference for a party shall either:

(1) Come with the party’s authority to make all decisions on the appeal, including the authority to settle the case; or

(2) Ensure the client can be contacted immediately by phone to authorize the agent on specific decisions, including the decision to settle the case.

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Hab 201.07 Appearances.

(a) Except as noted below, each party shall file an appearance signed by the party or the party's attorney, agent, or municipal consultant, listing:

(1) The name and docket number of the matter;

(2) The party for whom the appearance is filed; and

(3) The appearing person's name, address, daytime phone number, and e-mail address.

(b) If an appearance is filed by an attorney, agent, or municipal consultant, the appearance shall:

(1) Comply with paragraph (a) above;

(2) State the attorney, agent, or municipal consultant has the party's authorization to appear and act on the party's behalf; and

(3) Certify the attorney, agent, or municipal consultant:

a. Has sent a copy of the appearance to the represented party and the opposing party and any intervenors; and

b. Is aware of the restriction in Hab 201.10 on withdrawing the appearance; and

(4) If a New Hampshire attorney, include the attorney’s New Hampshire Bar number.

(c) In all appeals, the appeal document shall constitute the appearance of the person signing the document, provided the following requirements are met:

(1) The information required pursuant to (a) above, excepting the docket number, shall be included in the appeal document and shall constitute the applicant’s appearance; or

(2) The information required by (a) and (b) above, excepting the docket number, shall be included in the appeal document in order to constitute the attorney’s, agent’s, or municipal consultant’s appearance on behalf of an applicant.

(d) When an appearance has been filed, all communications from the board to the parties shall be made through the attorney, agent, or municipal consultant, including all hearing notices, orders and decisions.

(e) When an appearance has been filed by an attorney, agent, or municipal consultant, all communications between the parties shall be made through the person listed on the appearance.

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Hab 201.08 Appearances by Attorneys.

(a) An attorney who is a member in good standing of the bar of any court of the United States or of the highest court of any state shall be permitted to practice before the board in a particular action after filing an appearance. An out-of-state attorney shall include a certification that the attorney’s client has been informed, in writing, that the attorney is not admitted to practice law in New Hampshire.

(b) The board shall require an out-of-state attorney to associate with a New Hampshire attorney if, after a duly noticed hearing, the board determines the attorney is unfamiliar with applicable New Hampshire law and the board’s procedures and administrative rules.

(c) The board shall revoke an out-of-state attorney’s permission to represent a party when the board concludes, after a duly noticed hearing:

(1) That the attorney is unfamiliar with applicable New Hampshire law and the board’s procedures and administrative rules; and

(2) The attorney’s continued representation would be detrimental to the represented party.

(d) All attorneys shall act in accordance with the New Hampshire professional conduct rules.

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Hab 201.09 Service of Written Communications.

(a) All documents filed with the board shall include the filing party's mailing address, actual street address, daytime phone number, and e-mail address.

(b) Parties shall notify the board of any change in address, e-mail address, or phone number.

(c) Unless otherwise required by statute or rule, service of written communications by the board or by parties shall be made by first class mail or by e-mail.

(d) Unless otherwise shown by a party or unless the written communication is returned by the United States Postal Service, written communications mailed in accordance with this rule by the board or the parties shall be deemed to have been received by the person so notified.

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Hab 201.10 Withdrawal of Appearance.

(a) An attorney, agent, or municipal consultant may withdraw by filing a withdrawal of appearance motion with the board, copying the client and all other parties. The withdrawal motion shall include the party's current address, e-mail address, and phone number.

(b) The motion to withdraw appearance shall be automatically granted within 14 days of filing, provided:

(1) There are no pending motions;

(2) No hearing date has been set; and

(3) No party objects.

(c) If the criteria required by (b) above are not met, the board shall review the motion and grant it provided neither party is prejudiced by the withdrawal.

(d) Any objection to a withdrawal of appearance motion shall be filed within 10 days of the filing of the withdrawal of appearance motion and shall state with specificity the reasons for objecting. The objection shall only be sustained if the proceeding has progressed to such a stage that allowing the withdrawal would be unduly prejudicial to the parties or would adversely affect the board's processing the file.

(e) Whenever an attorney, agent, or municipal consultant withdraws from an action and no other appearance is entered, all future communications shall be sent to the applicant, municipality, intervenors, and any other interested person who has appeared in the proceeding.

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Hab 201.11 Conduct of Parties, Attorneys, Agents and Municipal Consultants.

(a) Parties, attorneys, agents, and municipal consultants shall conduct themselves in a truthful and respectful manner in all of their dealings with the board and other parties, attorneys, municipal consultants, and agents.

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Hab 201.12 Copies of Filed Documents.

(a) All documents, including the appeal, filed with the board shall be simultaneously copied to all other parties. The submitting party shall state in the document that a copy was sent to all other known parties at the time of filing.

(b) The party filing any memorandum or requests for findings/rulings shall file the original and 3 copies. If a party fails to supply the correct number of copies, the board shall either return the document for copying by the party or copy the document and bill the party for copying costs, in accordance with Hab 301.01.

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Hab 201.13 Form of Documents.

(a) In addition to complying with all other applicable rules, every document shall include at the beginning:

(1) The name of the case;

(2) The docket number;

(3) The title of the document, for example, "Motion to Continue";

(4) The name, address, telephone number, and e-mail address of the submitting party or the party's attorney, agent, or municipal consultant; and

(5) A statement that a copy of the document was sent to all other parties.

(b) All claims or defenses shall be made in numbered paragraphs and each numbered paragraph shall be limited as far as practicable to a statement of a single set of circumstances.

(d) A copy of any written instrument that is attached or referenced to a document shall be a part thereof for all purposes.

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Hab 201.14 Signed Documents.

(a) Every document shall be signed by the party or the party's attorney, agent, or municipal consultant. The document shall include the signer's name, address, telephone number, and e-mail address.

(b) The signature on a document, whether it is an original or a facsimile, shall constitute a certification:

(1) That the signer has read the document;

(2) That the facts in the document are true to the best of the signer's knowledge formed after reasonable inquiry;

(3) That no pertinent facts have been excluded;

(4) That the party's position on any request is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and

(5) That the document is not submitted for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the litigation costs.

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Hab 201.15 Nonconforming Documents.

(a) If a party submits a document by any electronic means in accordance with Hab 102.12, that document shall constitute a filed document.

(b) If a party files with the board a document that does not comply with any statute or board rule, the board shall:

(1) Date-stamp the document;

(2) Return the document to the submitting party;

(3) Notify the party of the noncompliance; and

(4) Provide the party with 7 days to re-file a conforming document.

(c) Subparagraph (b)(4) shall not apply to the filing of this original appeal. Said appeal shall be timely filed in accordance with Hab 102.12, RSA 679, RSA 677:4, and RSA 677:15.

(d) If the submitting party timely re-files a conforming document, the document shall be considered as filed on the original filing date.

(e) If the submitting party fails to timely re-file a conforming document, the document shall be considered as filed on the re-filing date, not the original filing date, which could result in the document being untimely filed under a statute, rule or order.

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Hab 201.16 Motions and Objections.

(a) Requests for board action shall be made by filing an original and 3 copies of a motion for each docket that complies with all applicable board rules, and:

(1) Is in writing unless made on the record at a hearing;

(2) States with specificity the grounds therefore;

(3) States the relief sought;

(4) States compliance with paragraph (b) below on seeking concurrence;

(5) Is signed in accordance with Hab 201.14;

(6) Is copied to all other parties; and

(7) States that a copy was sent to all other parties.

(b) The moving party shall make a good faith attempt to obtain concurrence from the opposing party in the relief sought, except for dispositive motions or other motions where it can reasonably be assumed the moving party will be unable to obtain concurrence. The motion shall recite compliance with this paragraph.

(c) Unless apparent from the record or agreed upon by the parties, the board shall not rely upon any facts in deciding a motion unless the facts and documents relied on in the motion are submitted under certification of truthfulness subject to the penalties of RSA 641:1, RSA 641:2, and RSA 641:3.

(d) An objection to a motion, except as provided in Hab 201.32(c), shall be filed with the board within10 days after the motion was filed. Once an objection is filed with the board, no further documents pertaining to the underlying motion shall be accepted from any party unless a waiver is granted pursuant to Hab 201.36.

(e) Supporting memoranda and documents shall be filed with the motion or objection, unless the board has granted leave for a later filing.

(f) Motions shall be decided with or without hearing. A hearing shall be granted on the board's own initiative or upon a party's request when the board concludes a hearing will materially assist the board or is required to comply with the law.

(g) Any motions for summary judgment shall be filed with the housing appeals board as the adjudicatory body using RSA 491:8-a.

(h) The board shall not receive any appeals for declaratory rulings outside the board’s statutory authority contained in RSA 679.

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Hab 201.17 Discovery.

(a) Upon prior approval from the board, parties may employ discovery to adequately prepare an appeal, provided discovery requests are not overly burdensome based on the type and complexity of the appeal. A party, without prior board approval, may informally seek information and documents from the other party, but the board shall only enforce formal, previously-approved discovery requests.

(b) Except as modified in these rules, the superior court discovery rules shall apply to all board proceedings.

(d) Except by leave of the board and only when the moving party demonstrates additional interrogatories are required to ensure full discovery, no party shall serve more than 15 interrogatories on the opposing party.

(e) Before the board accepts any discovery enforcement motion, the moving party shall make diligent efforts, directly with the other party, to obtain compliance. All enforcement motions shall state how compliance was sought.

(f) The board shall review the enforcement motion and either deny the motion in its entirety or issue an order specifying which items of discovery requested shall be responded to.

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Hab 201.18 Prehearing Submissions and Conferences.

(a) When necessary to aid in clarifying any matter raised in the applicant’s appeal or answer thereto, to review potential conflicts associated with substitute board members, or to coordinate scheduling of motion hearings and final hearings the board shall hold prehearing conferences pursuant to RSA 541-A:31, V(c) or require prehearing submissions.

(b) Prehearing conferences or prehearing submissions shall be intended to achieve 2 general goals:

(1) Explore settlement; and

(2) Prepare the matter for final hearing.

(c) Except in cases where justice shall require the receipt and consideration of additional evidence, the board shall decide the matter based on the certified record.

(d) All requests to expand the certified record shall be made in advance of any scheduled hearing and be based upon available information or data needed to:

(1) Fully understand the nature of the matter before the board and the requested relief;

(2) Resolve any conflicting facts appearing from the certified record; or

(3) Consider any other facts which could affect the full and fair consideration of any matter before the board.

(e) Parties who fail to attend a prehearing conference shall be deemed to have waived the opportunity to:

(1) Present their positions at the prehearing conference, except as presented in writing to the board in the party's prehearing submission; and

(2) Confront, question, or challenge the other party's position and presentation, except as presented in writing to the board in the party's prehearing submission.

(f) A party's nonattendance shall not affect the board's authority to issue a prehearing conference order pursuant to RSA 541-A:31, V(c).

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Hab 201.19 Consolidation. In actions involving common decisions of a municipal body the board shall, upon motion or its own initiative:

(a) Consolidate part of or all of the actions, including hearings and decisions; and

(b) Make such orders concerning proceedings therein to avoid unnecessary costs or delay.

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Hab 201.20 Withdrawal of Case.

(a) The applicant may withdraw a case by filing a written withdrawal. The applicant shall provide a copy of the withdrawal to the municipality and all other parties.

(b) The withdrawal shall be accepted and the matter marked "withdrawn; no further action" except the municipality shall have 10 days from the clerk's date on the order to file a request for costs in accordance with Hab 201.34.

(c) A withdrawal shall terminate the board’s consideration of a matter and, once the file has been so marked, the withdrawal shall not be rescinded except for good cause, which shall be based on facts provided to the board, which taken together, would constitute an injustice to the requesting party. A withdrawal shall not be considered a board decision unless the withdrawal is filed with a settlement agreement in accordance with Hab 201.21.

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Hab 201.21 Settlement and Stipulations.

(a) Settlements between the parties shall be encouraged in accordance with RSA 541-A:31, V. Parties shall attempt to settle a matter before it is scheduled for a hearing.

(b) All settlement agreements, except those made on the record or recited in an order, shall:

(1) Be in writing, describing the agreement's material terms; and

(2) Be signed by all parties or their attorneys, agents, or municipal consultants.

(c) If a matter has been scheduled for a hearing and the parties settle with insufficient time to file the signed settlement agreement before the hearing, either party shall, before the hearing, call and inform the board's clerk of the settlement. The parties shall then, within 30 days of the call to the board, file the settlement agreement.

(d) If the settlement agreement or stipulation is not filed, the board shall notify the parties that unless a party files an objection within 10 days, the docket will be marked: "case settled; no further action, no costs."

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Hab 201.22 Filing with Board and Superior Court.

(a) Where the applicable statute authorizes an appeal to the board or the superior court, taking an appeal to one tribunal shall be a waiver of the right to appeal to the other tribunal in accordance with RSA 679:7, I.

(b) If a party has appealed to both the board and superior court, the board shall:

(1) Order the applicant to inform the board when the superior court appeal was taken;

(2) Either:

a. Dismiss the board appeal if the applicant first appealed to the superior court; or

b. Retain jurisdiction of the board appeal if the applicant first appealed to the board and notify the superior court of the applicant’s dual appeal; and

(3) Take such other actions it deems appropriate to preserve the applicant’s right to appeal to one tribunal, such as transferring an appeal to the superior court or accepting an appeal from the superior court, in conformance with RSA 679:7, I and II.

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Hab 201.23 Subpoena.

(a) If witnesses and documents are to be subpoenaed, the board and parties shall follow the procedures used in the superior court and in accordance with RSA 679:13, subject to (b), (c), (d) and (e) of this rule.

(b) The board shall not ordinarily or as a matter of course issue subpoenas for witnesses or documents, since any subpoena for a witness or documents would constitute an expansion of the certified record, which must be approved, in advance, by the board in accordance with RSA 679:9, I and Hab 201.18(c).

(1) Include the name and docket number of the case;

(2) Be in the form required by RSA 516; and

(3) Be signed by a justice of the peace as required by RSA 516:3.

(d) Subpoenas shall be served at least 10 days before the hearing date for which the witness or document is being subpoenaed.

(e) A subpoenaed witness may move to quash the subpoena by filing a motion to quash, stating in the motion the grounds therefore. The procedures and legal principals used by the superior court in reviewing a motion to quash shall be used by the housing appeals board.

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Hab 201.24 Continuances.

(a) A motion for a continuance, that is, a request to reschedule a hearing, shall:

(1) Be filed within 7 days of the clerk's date on the hearing notice except when a later filing is justified by accident, mistake, or misfortune;

(2) State with specificity the reason for the motion and, as applicable, comply with (b), (c), and (d) below;

(3) State when the matter can be rescheduled; and

(4) If filed by an attorney, agent, or municipal consultant, state:

a. The client has been advised of the motion and the reasons therefore;

b. The client has been sent a copy of the motion; and

c. The client has consented to the continuance.

(b) The moving party shall comply with the requirements for seeking concurrence set forth in Hab 201.16(b). The board shall not be bound by the other party’s concurrence to the motion and shall only grant a continuance in extraordinary circumstances in accordance with (c), (d), (e), and (f) below.

(1) The date and time, case name, docket number, and court or tribunal of the other matter;

(2) The substance of the other hearing;

(3) Whether a continuance of the other matter has been sought and the results of that request; and

(4) Whether anyone else could cover either the board's hearing or the other hearing.

(d) If based on inability to procure or present material evidence, by testimony or by documents approved in advance of the hearing by the board, the motion shall:

(1) State the name of the witness or document;

(2) State the nature of the evidence;

(3) State the reason for its unavailability;

(4) State the steps taken to procure the evidence for the hearing; and

(5) Include a statement that the other party has been consulted about whether the evidence can be received without live testimony.

(e) If based on illness or injury, the motion shall state sufficient medical information to allow the board to determine whether a continuance is warranted. This information shall include the nature of the illness or injury and, if required by the board, the name and address of the treating physician.

(f) A party seeking a continuance may in the motion state that if the continuance is not granted the party will not attend the hearing. Such notice shall constitute notice under Hab 202.03(d)(1). The party shall, however, submit its Hab 202.03(d)(2) memorandum before the hearing.

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Hab 201.25 Hearings, Parties, and Standard of Proof.

(a) This section shall not impede a party's right to a hearing, but its purpose is to require parties to make succinct and organized presentations.

(b) The following procedures shall promote the efficient use of the board’s and the parties’ time at hearings.

(1) All hearings shall be held in accordance with the New Hampshire Constitution, RSA 541-A, RSA 679, and such other statutes applicable to the particular type of hearing;

(2) The board shall state the time allotted for each party’s presentation in the hearing notice. Parties requiring more than the allotted time shall, within 7 days of the clerk's date on the hearing notice, file a request for additional time, specifying why the allotted time is insufficient and stating how much additional time is required. Factors the board shall consider include the number of issues presented by the applicant’s appeal and the complexity of the issues to be decided. The board shall rule on such motion before the hearing;

(3) The board shall enforce specific time limits by requiring parties to complete their presentations within the time limits; and

(4) In addition to the specific time limits discussed above, the board shall control the length of hearings by requiring succinct presentations and preventing parties from making irrelevant, immaterial, and repetitious presentations;

(c) Unless otherwise required by statute, the standard of proof shall be by a balance of the probabilities, on the evidence before it, that the decision being appealed is unlawful or unreasonable, pursuant to RSA 679:9, II.

(d) If allowed by the board in advance of the hearing, any person offering testimony, exhibits, or arguments shall state his or her name on the record. If the person is representing another person, the person being represented shall also be identified by name.

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

(1) The party(ies) bearing the burden of proof and such witnesses as allowed by the board;

(2) The opposing party(ies) and such witnesses as allowed by the board; and

(3) Intervenors who have been granted that status under the provisions of RSA 679 and/or RSA 541-A:32 together with any intervenor witnesses who are able to present facts relevant to the case being heard.

(f) Pursuant to RSA 679 and/or RSA 541-A:32, when the board grants intervenor status, the board shall issue an order stating the scope and limitations on the intervenor's participation as outlined in RSA 541-A:32, III.

(g) The record shall be closed at the conclusion of the hearing unless the board leaves the record open to receive additional evidence or documents requested by the board at the hearing.

(h) If allowed by the board in accordance with RSA 679:9, I, parties planning to have experts testify at the hearing shall advise the expert to bring their complete file, including all original records and notes.

(i) After the record is closed, it shall not be reopened except as provided in Hab 201.32 or by waiver of the board as provided in Hab 201.36.

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Hab 201.26 Telephonic Conferences.

(a) On its own or upon motion or request, in order to provide for an expedited and orderly hearing, the board may hold telephone conferences on preliminary matters and motions.

(b) The board shall record all telephone conferences held under (a) above.

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Hab 201.27 Record and Transcript.

(a) The board shall record all oral proceedings pursuant to RSA 679:9, I and RSA 541-A:31, VII. Parties may, at their own expense, arrange to have a stenographer at any hearing.

(b) The recording shall be available for inspection as provided by RSA 679:9, I, and any person shall contact the board to arrange a time for such inspection.

(c) Requests for copies of the recording shall be made in compliance with RSA 679:9, I and shall be accompanied by the fee stated in Hab 301.01.

(d) Recordings shall be maintained for 45 days following a final decision that was not appealed. If an appeal is taken, recordings shall be maintained until the case is finally adjudicated in accordance with RSA 679:9, I.

(e) Any person wishing a certified transcript shall arrange and pay for the transcription of the recording.

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Hab 201.28 Evidence.

(a) Pursuant to RSA 679:9, I the board shall not be bound by the strict rules of evidence adhered to in the superior court.

(b) In ruling on objections to evidence presented, the board shall give due regard to the principles behind the rules of evidence and the board's statutory function and purpose.

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Hab 201.29 Copies of Exhibits.

(a) Apart from exhibits which are part of the certified record, the party offering any exhibit at a hearing must have that exhibit approved by the board prior to the hearing. If so approved, the party offering any exhibit at a hearing shall provide one original to be marked, one copy to the other party or parties, and 3 copies to the board.

(b) Additional copies shall not be required for photographs, maps, or other documents that are not easily copied.

(c) If a party fails to supply the correct number of copies, the board shall either return the document for copying by the party or copy the document and bill the party for copying costs.

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Hab 201.30 Return of Exhibits.

(a) Upon written request, exhibits shall be available for pick up 45 days after the board’s decision becomes final. Exhibits not picked up within 90 days of the date a decision becomes final shall be destroyed.

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Hab 201.31 Requests for Findings of Fact and Rulings of Law and Legal Memoranda and Decisions/Orders.

(a) All requests for findings and rulings and hearing memoranda shall be submitted to the board at least 7 days before the hearing. When parties have leave to submit requests or memoranda after a hearing, the board shall provide the parties with a filing schedule. The party with the burden of proof shall file the first memorandum, and then the opposing party shall file its memorandum. Additional memoranda may only be filed by leave of the board, which shall be granted only when they will assist the board.

(b) Requests for findings and rulings shall consist of separately numbered paragraphs with only one finding or ruling per paragraph. Unless specifically allowed by the board, parties shall be limited to a combined total of 15 requests for findings of fact or rulings of law. Requests that contain multiple findings or rulings shall be marked "neither granted nor denied."

(c) Each party submitting written requests for findings of fact or rulings of law shall also submit a Microsoft Word compatible electronic version to clerk@hab.nh.gov.

(d) Following the hearing, the board shall issue a decision or order with sufficient specificity to allow the parties to understand its basis.

(e) The board shall retain each file for at least 8 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of archives and records management of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

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Hab 201.32 Motions for Rehearing, Reconsideration or Clarification.

(a) Motions for rehearing, reconsideration or clarification or other such post hearing motion, collectively "rehearing motion," shall be filed within 30 days after the clerk's date on the board's order or decision. Filing a rehearing motion shall be a prerequisite to appealing to the supreme court in accordance with RSA 541:3, RSA 541:4, and RSA 541:6.

(b) Rehearing motions shall state with specificity all points of law or fact the moving party contends the board overlooked, misapprehended, or requires clarification.

(c) The opposing party shall not be required to file an objection to a rehearing motion. If an objection is filed, however, it shall be filed no later than 5 days after the rehearing motion is filed and simultaneously copied to all other parties pursuant to Hab 102.12 and Hab 201.12, respectively. The objection may include a request for additional time to respond to the rehearing motion. Once an objection is received by the board, no further filings shall be accepted unless a waiver is granted pursuant to Hab 201.36.

(d) Pursuant to RSA 541:5, if the board does not grant or deny the rehearing motion within 10 days, a suspension order shall be issued.

(e) Rehearing motions shall only be granted, pursuant to RSA 541:3, upon a showing that the board overlooked or misapprehended the facts or the law and such error affected the board's decision. Rehearing motions shall not be granted for harmless errors that, if corrected, would not change the board's decision.

(f) A party who fails to attend a rehearing may file a motion requesting a hearing. Such motion shall only be granted if the moving party shows the failure to attend was due to accident, mistake or misfortune.

(g) Parties shall submit all evidence and present all arguments at the hearing. Therefore, rehearing motions shall not be granted to consider evidence previously available to the moving party but not presented at the hearing or to consider new arguments that could have been raised at the hearing. Except by leave of the board, parties shall not submit new evidence with rehearing motions. Leave shall only be granted when the offering party has shown the evidence was newly discovered and could not have been discovered with due diligence in time for the hearing and when the new evidence will assist the board.

(h) If a rehearing motion is granted, the board shall either revise its decision or order without rehearing or it shall schedule a further hearing if required to correct the error.

Source. #13226 eff 7-7-21

Hab 201.33 Clerical Mistakes.

(a) Clerical mistakes in decisions, orders, or other parts of the record, arising from oversight or omission, shall be corrected by the board at any time on its own initiative or party's motion.

(b) Such mistakes shall be corrected before an appeal is docketed in the supreme court and thereafter only with leave of the supreme court.

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Hab 201.34 Costs.

(a) Except as otherwise provided by law, costs or attorney fees shall be awarded as in the superior court in accordance with RSA 679:13. All awards of costs shall be limited to reasonable costs.

(b) Filing fees shall be reimbursed in accordance with RSA 679:13.

(1) State in writing or on the record the costs sought; and

(2) Submit documentation that shall prove the party incurred the costs being sought.

(d) Costs for a party's expert witness shall be limited to those reasonable fees incurred for the witness's testimony, but no costs shall be awarded for the witness's research or preparation, pursuant to Fortin v. Manchester Housing Authority, 133 N.H. 154, 157-60 (1990).

(e) Nothing in this section shall affect the sovereign immunity of the state and its political subdivisions.

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Hab 201.35 Withdrawal or Recusal of Board Member.

(a) Upon board member initiative or upon a party's motion, a board member shall, for good cause or to avoid the appearance of impropriety or lack of impartiality, withdraw from any adjudicative proceeding.

(b) Pursuant to Taylor Boren v. Isaac, 143 N.H. 261 (1998), recusal shall occur when an objective, disinterested observer fully informed of the facts would entertain significant doubt about the board member's ability to be impartial or do justice in the case.

(c) If recusal is sought by a party, the party shall file a motion to the full board and shall have the burden to show why recusal is warranted.

(d) For purposes of this section, good cause shall include the following:

(1) The member has a personal or pecuniary interest in the matter that is immediate, definite and subject to demonstration; or

(2) There is evidence that would cause a reasonable person to conclude the member's impartiality can be questioned.

(e) Except where personal bias or prejudice exists, a board member may sit on a case where good cause for recusal exists, provided:

(1) On the record, the board member makes a full disclosure of the facts underlying the good cause;

(2) The other board members conclude the good cause is waivable and the board member can sit impartially;

(3) The parties are given an opportunity outside the board's presence to consider waiver; and

(4) The parties, free of board influence and on the record, waive recusal.

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Hab 201.36 Waiver of Rules.

(a) Request for a waiver for failure to comply with a rule or board order shall not be routinely granted.

(b) The board shall grant a waiver for failure to comply with a rule or board order when the failure was due to accident, mistake, or misfortune or when justice otherwise requires, provided that granting the waiver would not be contrary to any statute or supreme court case law.

(1) Be in writing promptly upon discovery of the failure;

(2) State the failure, the specific reasons why the waiver should be granted, and the facts supporting the request;

(3) State that the party's failure has been corrected or state why the failure has not been corrected and, in such a case, when the failure will be corrected; and

(4) Comply with all other rules applicable to filing documents, including sending a copy to the other party or parties.

Source. #13226 eff 7-7-21

PART Hab 202 GENERAL RULES GOVERNING RSA 679 APPEALS

Hab 202.01 Applicability.

(a) This part as well as Hab 101 and Hab 201 shall apply to all RSA 679 appeals.

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Hab 202.02 Appeal to the Board.

(a) To appeal to the board, an applicant shall, within the statutory period and in writing, file an appeal document with the board after complying all other prerequisites for appealing to the board.

(b) The applicant’s appeal document shall state the grounds for the appeal with sufficient specificity to allow the board to understand the applicant’s arguments. Conclusory statements without supporting arguments shall be insufficient.

(c) If an appeal document lacks sufficient specificity by way of relevant facts, information, and legal principles clearly supporting the appeal, the board, on its own or by the grant of a municipality motion, shall place the applicant in default. The board shall then order the applicant to amend the appeal within 10 days of the clerk’s date on such order providing sufficient specificity. If the applicant fails to comply with such order, the board shall dismiss the appeal.

(d) Throughout the appeal, the applicant shall be limited to the grounds stated in the appeal document and the limitations contained in RSA 677:4.

(e) The statutory filing deadline with the board shall be akin to a statute of limitations. The board shall not have jurisdiction to accept an untimely filed appeal even if the applicant was prevented from timely filing because of accident, mistake, or misfortune.

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Hab 202.03 Hearing Attendance.

(a) The purpose of this section is to ensure:

(1) That parties attend all hearings;

(2) The efficient use of the board's and the parties' time; and

(3) The board and the parties have an opportunity to obtain relevant information through presentations and inquiries at hearings.

(b) In this section, "hearing" means the adjudicative proceeding scheduled to receive evidence and arguments upon which the decision on the merits will be based, shall be recorded, and all persons desiring to make comments shall identify themselves for the record prior to speaking.

(c) Non-attendance by an applicant, an opposing party or parties, or the applicant’s attorney or representative at a noticed hearing within 30 minutes after the scheduled time shall result in a dismissal of the appeal unless the failure to appear is excused as provided in paragraph (d).

(d) Applicants and opposing party or parties who cannot attend the hearing shall be excused only if they file with the board, copying the other party, a written request for leave to not attend the hearing that includes the following:

(1) A statement of the reasons the applicant or opposing party or parties are unavailable to attend the hearing; and

(2) If not previously submitted to the board, a hearing memorandum presenting the applicant’s or opposing party or parties’ arguments and supporting material shall be submitted at least 7 days prior to the scheduled hearing.

(e) If leave is granted for non-attendance, the board shall open the hearing and decide the appeal based on the evidence presented, including any arguments and evidence presented by the opposing party.

(f) Nothing in this section shall alter the burden of proof or constrain the board from reviewing and weighing the evidence.

(g) An applicant, or opposing party or parties granted leave to not attend a hearing, shall be deemed to waive:

(1) The opportunity to support the applicant’s or opposing party or parties’, position other than as presented in writing;

(2) The right to confront, question, and challenge the other party's evidence except as presented in the brief; and

(3) The opportunity to answer board questions.

(h) If an applicant did not file a request for leave to not attend a hearing and fails to appear for the hearing after 30 minutes of the scheduled hearing time no hearing shall be held. In this instance, the applicant shall be:

(1) Finally defaulted, and the appeal marked "applicant finally defaulted; no further action;" and

(2) The other party or parties shall have 10 days after the clerk's date on the order to file a request for costs under Hab 201.34.

(i) In addition to any party’s request to be excused from attendance at any board hearing, itemized in Hab 202.03 (a)-(i) above, prior to any scheduled or rescheduled hearing, any party may request a continuance in accordance with Hab 201.24.

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Hab 202.04 Appeal.

(a) The appeal of the board's decision shall be pursuant to RSA 541:6 and RSA 679:15.

(b) Filing a rehearing motion pursuant to RSA 541:3 and RSA 541:4 shall be a prerequisite for appealing a board decision in accordance with Hab 201.32.

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Hab 202.05 Settlement Meeting.

(a) After determination that the applicant has complied with all timely filing requirements, the board shall issue an order to encourage informal discussions, pursuant to RSA 541-A:31, V and RSA 541-A:38, requiring the parties to meet in order to either settle or narrow the disputed issues.

(b) The order shall establish a 15-day deadline from the date of the order for the parties to meet and file with the board the report of settlement meeting prescribed in the order.

(1) The appeal name and docket number(s);

(2) The date the parties met subsequent to the appeal filing date;

(3) The parties in attendance at the settlement meeting;

(4) A statement that the appeal was either completely or partially settled, withdrawn by the applicant or that no settlement had been reached and a hearing is necessary;

(5) Signature(s) of the parties participating in the settlement meeting; and

(6) A statement that upon the parties’ signature and filing with the board the report of settlement meeting, the contents of the report shall become an order of the board.

(d) Upon receipt of the Hab 202.05 order, the parties shall:

(1) Arrange to meet to discuss the appeal at a mutually convenient time, or discuss the appeal telephonically or by some other electronic means, and the initial contact may be made by either party;

(2) Ensure those involved in the settlement discussions either have the authority to settle or can readily obtain such authority so as not to delay the filing with the board of the report of settlement meeting; and

(3) Sign the report of settlement meeting and file it with the board within the deadline stated in the order.

(e) Motions for extension of the deadline to file with the board the report of settlement meeting or a request for modifications of the requirements of this rule shall:

(1) Be filed at least 5 days prior to the deadline stated in the order;

(2) Only be granted in extraordinary circumstances including:

a. Illness or injury prevents a party from preparing for and attending a settlement meeting within the deadline stated in the order;

b. Material evidence will be unavailable for the settlement meeting despite the party’s due diligence to obtain the evidence in time for discussion during the settlement meeting; or

c. Such other reasons that warrant an extension to serve justice and efficiency; and

(3) Comply with the requirements of seeking concurrence in Hab 201.18(b).

(f) If the parties do not file with the board the report of settlement meeting within the 15-day deadline established in the order or any extension granted under Hab 203.07(e), the parties shall be placed in default pursuant to Hab 201.05.

(g) Upon filing the report of the settlement meeting with the board, the report shall become a board order and, if the report indicates:

(1) The appeal is withdrawn or settled, the board shall mark the file accordingly; or

(2) No settlement or a partial settlement occurred, the board shall proceed with scheduling a hearing.

Source. #13226 eff 7-7-21

PART Hab 203 PETITIONS FOR RULEMAKING & DECLARATORY RULINGS

Hab 203.01 Petitions or Board Initiated Rule Changes.

(a) This section shall apply to rule changes initiated by the board or by any person petitioning the board to adopt, amend or repeal the board's rules. Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:

(1) A statement of the petitioner’s request for the proposed rule;

(2) The text of the proposed rule or a statement of the particular results intended by the petitioner’s interest in the subject matter of the proposed rule;

(3) An identification of the particular rule sought to be amended or repealed;

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

(5) Name, mailing address, signature of petitioner and date.

(b) A petition to adopt, amend or repeal a rule shall be submitted to the board's clerk. The clerk shall schedule a board meeting in compliance with RSA 91-A and present the petition to the board.

(1) Notice the petitioner of the meeting at which the petition will be reviewed;

(2) Consider the petition; and

(3) Request further information, if necessary.

(d) Within 30 days of receipt of a request or amended request for rulemaking, the board shall take one of the following actions:

(1) Initiate the requested rulemaking procedures, in accordance with this part; or

(2) Deny the request if it is contrary to the purpose of the underlying statute and respond, in writing, stating the reasons for denial.

(e) A petition to adopt, amend, or repeal a rule shall:

(1) Be limited to a single subject; and

(2) If the petition concerns a rule, cite the rule in question.

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Hab 203.02 Disposition of Petitions for Rulemaking.

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

(b) The board shall grant the petition for rulemaking unless the adoption, amendment or repeal sought would result in:

(1) A rule that is not within the rulemaking authority of the board;

(2) Duplication of a rule or of a statutory provision;

(3) Inconsistency between the existing rules and the statutory mandate of the board; or

(4) Inconsistency of administrative rules one with another.

(c) Within 30 days following the next scheduled board meeting, of receipt of a sufficient petition the board shall dispose of it in the following manner:

(1) By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

(2) By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

(d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

Source. #13226 eff 7-7-21

Hab 203.03 Petition for Declaratory Ruling.

(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 3 copies of a petition consistent with this section.

(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.

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Hab 203.04 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.

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Hab 203.05 Explanation of Proposed or Adopted Rule.

(a) If requested by an interested person at any time before 30 days after final adoption of a rule, the board shall issue a written explanation of the rule pursuant to RSA 541-A:11, VII.

(b) An explanation issued pursuant to this section shall include:

(1) A concise statement of the principal reasons for and against the adoption of the rule in its final form; and

(2) An explanation of why the board overruled any arguments and considerations against the rule.

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PART Hab 204 PUBLIC COMMENT HEARINGS FOR RULEMAKING

Hab 204.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by a quorum of the board relative to the adoption, amendment or repeal of a board rule under RSA 541-A.

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Hab 204.02 Scope. These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited under RSA 541-A:11. They shall not apply to contested cases as defined by RSA 541-A:1, IV.

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Hab 204.03 Notice. In accordance with RSA 541-A:6, the board shall give at least 20 days prior notice in the N. H. Rulemaking Register of its intent to hold a public hearing and the cut-off date for the submission of written testimony pursuant to RSA 541-A:11, I, on any proposed adoption, amendment, readoption, readoption with amendment, or repeal of a rule. Pursuant to RSA 541-A:6, I, the notice period shall begin on the day after the date of publication of the notice in the Rulemaking Register.

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Hab 204.04 Postponements; Relocation.

(a) In accordance with RSA 541-A:11, IV, a public hearing shall be postponed when:

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so; or

(2) Postponement will facilitate greater participation by the public.

(b) In accordance with RSA 541-A:11, V, a hearing shall be moved to another location when the original location is not able to accommodate the number of people who wish to attend.

(1) The time available is insufficient to give each person who wishes to speak a reasonable opportunity to do so; or

(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend, and it is not possible to move the hearing to another location.

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Hab 204.05 Media Access.

(a) Public comment hearings shall be open to the print and electronic media.

(b) The presiding officer shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limit the placement of television cameras to certain locations in the hearing room; and

(2) Prohibit interviews from being conducted within the hearing room during the hearing.

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Hab 204.06 Presiding officer.

(a) The hearing shall be presided over by the presiding officer who shall be the board chair or designee.

(b) The presiding officer shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Recognize those who wish to be heard and establish the order thereof;

(4) Limit the time for each speaker;

(5) Remove or have removed any person who disrupts the hearing;

(6) Adjourn the hearing; and

(7) Provide opportunity for the submission of written comments consistent with the notice published in the rulemaking register.

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Hab 204.07 Public Participation.

(a) Any person who wishes to provide verbal testimony on the issue or issues which are the subject of the hearing shall provide their name, contact information and whom they represent in writing to the presiding officer.

(b) The board, through the presiding officer, shall:

(1) Refuse to recognize a person who refuses to give his or her full name and address;

(2) When a group or organization wishes to comment, limit the group to no more than 3 persons, provided that the members who are present may enter their names and addresses into the record as supporting the position by the group or organization; and

(3) Revoke recognition of a speaker who:

a. Speaks or acts in an abusive or disruptive manner; or

b. Refuses to keep comments relevant to the issues which are the subject of the hearing.

(c) The presiding officer shall rule any comments, questions, or discussions that the presiding officer determines not to be relevant to the subject of the non-adjudicatory public hearing out of order, and proceed to the next speaker.

(d) Anyone wishing to submit written testimony or exhibits shall sign, and date the items before submitting them to the presiding officer.

(e) Written comments may be submitted any time from the time the notice has been published until the record has been closed by the presiding officer, which shall be consistent with the notice published in the rulemaking register.

(f) When the presiding officer determines that no person has further questions or comments that are relevant to the subject of the hearing, the presiding officer shall close the hearing.

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CHAPTER Hab 300 FILING FEES

Statutory Authority: RSA 679:13

PART Hab 301 FEES REQUIRED

Hab 301.01 Fees.

(a) Non-refundable fees shall be as follows:

Table 301.01 Non-Refundable Fees


All appeals	$250.00
Information on compact disc, per disc, pursuant to RSA 91-A:4	Actual cost of DVD, DVD case, bubble mailer, and postage.
Copies of material, per page, pursuant to RSA 91-A:4	$0.25

(b) If a party fails to supply the board with the required number of copies or fails to copy the other party and the board copies the other party, the board shall bill the party for copying.

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Hab 301.02 Waiver of Fees. When a party is financially unable to pay any fee, that party may file a request for waiver of the fee. Such request shall be accompanied with a financial affidavit, listing the party's income and expenses. The board shall grant the waiver when it concludes the party cannot pay the fee due to financial hardship. Financial hardship factors to be considered by the board shall include a person or immediate family’s disposable income, assets, liabilities, and other obligations as itemized on a financial statement submitted to the board.

Source. #13227, eff 7-7-21

APPENDIX

New Hampshire Revised Statutes Annotated (RSA) can be viewed at: https://www.gencourt.nh.us/RSA/htm/indexes/default.htm
Rule	Statute

Hab 100 (Specific sections implementing specific statutes are listed below.)	RSA 541-A:7
Hab 101.01	RSA 679:5; RSA 679:9
Hab 101.02	RSA 679:5
Hab 102.01	RSA 541-A:16, I(a)
Hab 102.02	RSA 679:10
Hab 102.03	RSA 679:5, I, II, III, IV
Hab 102.04	RSA 679:5; RSA 677:4; RSA 677:15
Hab 102.05	RSA 541-A:16, I(a)
Hab 102.06	RSA 679:17
Hab 102.07	RSA 679:13
Hab 102.08	RSA 541-A:16, I(a)
Hab 102.09	RSA 679:6, I
Hab 102.10	RSA 541-A:36
Hab 102.11	RSA 541-A:31, VI; RSA 541-A:33
Hab 102.12	RSA 679:6, I
Hab 102.13	RSA 541-A:16, I(a)
Hab 102.14	RSA 679:5, IV; RSA 541-A:32
Hab 102.15	RSA 541-A:16, I(a)
Hab 102.16	RSA 541-A:16, I(a)
Hab 102.17	RSA 541-A:16, I(a); RSA 679:5, IV
Hab 102.18	RSA 541-A:31; RSA 679:5, IV; RSA 679:6, I
Hab 102.19	RSA 674:51-61; RSA 679:9, I
Hab 103.01	RSA 679:5
Hab 103.02	RSA 679:6
Hab 104.01	RSA 91-A:4; RSA 679:9, I; RSA 679:11

Hab 201 (Specific sections implementing specific statutes are listed below.)	RSA 541-A:7; RSA 541-A:16, I(b)
Hab 201.01	RSA 541-A:30-a; RSA 541-A:31
Hab 201.02	RSA 541-A:36
Hab 201.03	RSA 679:6; RSA 21:35; RSA 677:4; RSA 677:15
Hab 201.04	RSA 679:5, I, II, III, IV
Hab 201.05	RSA 541-A:16, I(b); RSA 514:1-a
Hab 201.06	RSA 311:7; RSA 679:10
Hab 201.07	RSA 311:7; RSA 679:10
Hab 201.08	RSA 311
Hab 201.09	RSA 541-A:16, I(b); 679:6, I, II
Hab 201.10	RSA 541-A:16, I(b)
Hab 201.11	RSA 311; RSA 679:10
Hab 201.12	RSA 541-A:16, I(b); RSA 679:6, I
Hab 201.13	RSA 541-A:16, I(b)
Hab 201.14	RSA 641:1; RSA 641:2; RSA 641:3
Hab 201.15	RSA 541-A:16, I(b)
Hab 201.16	RSA 491:8-a; RSA 641:1; RSA 641:2; RSA 641:3; RSA 679:6
Hab 201.17	RSA 679:9
Hab 201.18	RSA 541-A:31, V(c)
Hab 201.19	RSA 541-A:16, I(b); RSA 679:7, II
Hab 201.20	RSA 541-A:16, I(b)(2)
Hab 201.21	RSA 541-A:31, V
Hab 201.22	RSA 679:7, I, II
Hab 201.23	RSA 516; RSA 516:3; RSA 679:13
Hab 201.24	RSA 541-A:30-a, III(h)
Hab 201.25	RSA 541-A; RSA 541-A:32; RSA 541-A:32, III; RSA 679:9, II; RSA 679:5, IV
Hab 201.26	RSA 541-A:16, I(b); RSA 541-A:31
Hab 201.27	RSA 91-A:4; RSA 541-A:31; RSA 541-A:31, VII; RSA 679:9, I
Hab 201.28	RSA 541-A: 33, II; RSA 679:9, I
Hab 201.29	RSA 541-A:16, I(b)
Hab 201.30	RSA 541-A:33, II
Hab 201.31	RSA 5:40; RSA 679:11; RSA 541-A
Hab 201.32	RSA 541:3; RSA 541:4; RSA 541:5; RSA 541:6
Hab 201.33	RSA 541-A
Hab 201.34	RSA 679:13
Hab 201.35	RSA 679:8, II
Hab 201.36	RSA 541-A:30-a, III(j)

Hab 202 (Specific sections implementing specific statutes are listed below.)	RSA 541-A:7; RSA 541-A:16, I(b)
Hab 202.01	RSA 679:5
Hab 202.02	RSA 679:5, IV; RSA 677:4; RSA 677:15
Hab 202.03	RSA 679:9, I; RSA 541-A:31, III, IV
Hab 202.04	RSA 679:15; RSA 541:3; RSA 541:4; RSA 541:6
Hab 202.05	RSA 541-A:31, V; RSA 541-A:38

Hab 203 (Specific sections implementing specific statutes are listed below.)	RSA 679:12
Hab 203.01	RSA 541-A:4
Hab 203.02	RSA 541-A:6
Hab 203.03	RSA 541-A:6, I; RSA 541-A:11
Hab 203.04	RSA 541-A:4; RSA 541-A:6; RSA 541-A:11; RSA 541-A:16, I(c)
Hab 203.05	RSA 541-A:6; RSA 541-A:11

Hab 204 (Specific sections implementing specific statutes are listed below.)	RSA 541-A:3, RSA 541-A:11
Hab 204.01	RSA 541-A
Hab 204.02	RSA 541-A:11
Hab 204.03	RSA 541-A:6; RSA 541-A:11, I
Hab 204.04	RSA 541-A:11, IV
Hab 204.05	RSA 541-A:11
Hab 204.06	RSA 541-A:1, XIV; RSA 541-A:11
Hab 204.07	RSA 541-A:6; RSA 541-A:11

New Hampshire Revised Statutes Annotated (RSA) can be viewed at: https://www.gencourt.nh.us/RSA/htm/indexes/default.htm
Hab 301 (Specific sections implementing specific statutes are listed below.)	RSA 679:13
Hab 301.01	RSA 91-A:4
Hab 301.02	RSA 541-A:16, I(b)