CHAPTER Mhp 200  PRACTICE AND PROCEDURE

 

PART Mhp 201  INTRODUCTION AND DEFINITIONS

 

          Mhp 201.01  Purpose.  The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees.  These rules shall be construed to secure the just, efficient and accurate resolution of all board proceedings.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 201.02  Definitions.  The following terms shall have the meaning indicated when used in this chapter:

 

          (a)  "Adjudicative proceeding" means any proceeding in which the rights, duties or privileges of a person are determined by the board and does not include nonadjudicatory investigations or rulemaking.

 

          (b)  "Complaint" means a written allegation of professional misconduct against a licensee holder of the board.

 

          (c)  "Data" means all information other than argument, including:

 

                  (1)  Oral or written descriptions;

 

                  (2)  Reports;

 

                  (3)  Maps;

 

                  (4)  Charts;

 

                  (5)  Drawings;

 

                  (6)  Photographs;

 

                  (7)  Audio or video recordings;

 

                  (8)  Computer programs; or

 

                  (9)  Computer printouts.

 

          (d)  "File" means to place a document in the actual possession of the board.

 

          (e)  "Hearing" means the receipt and consideration by the board of data or argument.

 

          (f)  “Hearing counsel” means an individual appointed by the board under Mhp 210.03 to prosecute misconduct allegations.

 

          (g)  "Motion" means any request by a party to an existing proceeding for an order or relief relating to that proceeding.

 

          (h)  “Investigation” means a search by the board for data concerning matters within its jurisdiction, the result of which is other than a final determination of a person’s rights, duties or privileges.

 

          (i)  "Order" means a document issued by the board:

 

                  (1)  Establishing procedures to be followed in an adjudicative or nonadjudicative proceeding;

 

                  (2)  Granting or denying a petition or motion;

 

                  (3)  Requiring a person to do, or to abstain from doing, something; or

 

                  (4)  Determining a person's rights to a license or other privilege established by RSA 330-A.

 

          (j)  "Petition" means any request to the board seeking an order or any other action or relief, but does not include a license application or a motion.

 

          (k)  "Presiding officer" means the board member or other individual to whom the board has delegated authority to preside over some or all aspects of an adjudicative or other proceeding.

 

          (l)  “Proposed decision” means an initial or recommended decision made by a presiding officer pursuant to Mhp 207.04 which is subject to review by the entire board.

 

          (m)  "Rulemaking" means the statutory procedures for formulating agency rules set forth in RSA 541-A:3.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 201.03  Failure to Comply with Rules or Orders.

 

          (a)  Failure to comply with the rules of this chapter shall result in refusing to accept or admit a noncompliant document for filing or refusing to consider a noncompliant oral petition or motion.

 

          (b)  Committees shall undertake investigations and make recommendations to the board, but shall not take final action on behalf of the board.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 202  APPEARANCES BEFORE BOARD

 

          Mhp 202.01  Appearances and Representation.

 

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

 

                  (1)  A brief identification of the matter:

 

                  (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)  Nothing in this section shall be construed to permit the unauthorized practice of law.

 

          (c)  The board shall, after providing notice and opportunity for hearing, prohibit an individual from acting as a representative upon a finding that the individual has repeatedly violated rules or orders of the board, willfully disrupted board proceedings, or made material misrepresentations to the board or a party in a board proceeding.

 

          (d)  Any prohibition issued under (c), above, shall apply only to the board’s proceedings.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 203  TIME PERIODS

 

          Mhp 203.01  Computation of Time.  Any time period specified in this chapter shall begin with the day following the act, event, or default, and shall include the last day of the period, unless it is Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or state legal holiday.  When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded from the computation.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 203.02  Change in Allowed Times and Granting Continuances.  Except where a time period is fixed by statute, the board shall, upon motion or upon its own initiative, enlarge or shorten the time provided for the filing of any document, or advance or postpone the time set for any oral hearing, prehearing conference, or other activity, and grant further continuances if it would be more likely to promote the fair, accurate and efficient resolution of the issues pending before the board than would adherence to a particular rule or procedure.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 203.03  Limitations.  A motion to change time shall not be filed within 3 days of the event in question.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 204  FILING AND SERVICE OF DOCUMENTS

 

          Mhp 204.01  Filing of Documents with the Agency.

 

          (a)  A document shall be considered filed when it is actually received at the board's office in Concord and is facially in conformity with the board’s rules.

 

          (b)  A document, which is facially in violation of the board’s rules, shall not be accepted for filing.  Such submissions shall be returned to the sender without prejudice to subsequent acceptance if the deficiencies are corrected and the document is refiled within any applicable time period.

 

          (c)  All correspondence, filings or communications intended for the board shall be addressed to the board’s office in care of its administrative assistant.

 

          (d)  All petitions, motions, exhibits, memoranda or other documents filed in connection with a request for board action shall be filed with an original and 8 copies unless the board directs that a lesser number of copies be furnished.

 

          (e)  Notwithstanding (d) above, only a single copy shall be filed of:

 

                  (1)  Transmittal letters;

 

                  (2)  Requests for public information;

 

                  (3)  License applications; and

 

                  (4)  Complaints against licensees.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 204.02  Subscription and Veracity of Documents.

 

          (a)  All complaints, petitions, motions and replies filed with the board shall be signed by the document or, to the proponent of the document or, if the party appears by a representative, by the representative.

 

          (b)  Licensure applications shall be signed only by the applicant.

 

          (c)  The signature on a document filed with the board shall constitute a certification that:

 

                  (1)  The signer has read the document;

 

                  (2)  The signer is authorized to file it;

 

                  (3)  To the best of the signer's knowledge, information, and belief, there are good grounds to support it; and

 

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

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 204.03  Service of Documents.

 

          (a)  Complaints against licensees shall be filed with the board without service upon the licensee against whom the allegations are made.

 

          (b)  Applications, petitions for rulemaking and petitions for declaratory rulings shall be filed with the board without service upon other persons.

 

          (c)  All objections, motions, replies, memoranda, exhibits or other documents filed in connection with a request for board action shall be served by the proponent upon all parties or persons who have filed appearances with the board to be heard on a matter by:

 

                  (1)  Depositing a copy of the document in the United States mails, first class postage prepaid, addressed to the last address given to the board by the person being served, no later than the day the document is filed with the board; or

 

                  (2)  Delivering a copy of the document in hand on or before the date it is filed with the board.

 

          (d)  Notices, orders, decisions or other documents issued by the board in connection with requests for board action shall be served by the board upon all parties or persons who have filed appearances with the board to be heard on a matter by:

 

                  (1)  Depositing a copy of the document, first class postage prepaid, in the United States Mail, addressed to the last address given to the board by the party being served; or

 

                  (2)  Delivering a copy of the document in hand to the party.

 

          (e)  When a party has appeared by a representative, service shall be upon the representative.

 

          (f)  Except for exhibits distributed at a prehearing conference or hearing, every document filed with the board, shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service, and the persons served.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 205  PLEADINGS, COMPLAINTS AND MOTIONS

 

          Mhp 205.01  Pleadings.

 

          (a)  The only pleadings permitted shall be petitions and replies to petitions.  Complaints against licensees shall be considered to be a particular type of petition and shall be subject to the additional requirements of Mhp 205.02.  Applications for licensees shall not be considered pleadings.

 

          (b)  Petitions shall contain:

 

                  (1)  The name and address of the petitioner;

 

                  (2)  The name and address of the petitioner's representative, if any;

 

                  (3)  A concise statement of the facts which warrant the relief requested from the board;

 

                  (4)  The description of the action which the petitioner wishes the board to take;

 

                  (5)  The citation to any statutes, rules, orders, or other authority which entitles the petition to the relief requested; and

 

                  (6)  The signature and date required by Mhp 204.02(a).

 

          (c)  In situations in which a petition is served upon a third person, a reply to that petition shall contain:

 

                  (1)  The name and address of the respondent;

 

                  (2)  The name and address of the representative of the respondent, if any;

 

                  (3)  A statement admitting or denying, or stating that the respondent lacks sufficient knowledge to admit or deny each fact alleged in the petition pursuant to Mhp 205.01(b)(3);

 

                  (4)  A statement admitting or denying the authority identified by the petitioner pursuant to Mhp 205.01(b)(5);

 

                  (5)  A concise statement of any additional or different facts which warrant the board acting in the manner requested by     the respondent;

 

                  (6)  A citation to any statutes, rules, orders or other authority, not identified in the petition, having bearing upon the subject matter of the petition;

 

                  (7)  A description of the action which the respondent wishes the board to take; and

 

                  (8)  The signature and date required by Mhp 204.02(a).

 

          (d)  Replies shall be filed within 10 days from the date of the petition unless otherwise ordered by the board.

 

          (e)  Any fact contained in the petition which is not denied in the reply, shall be deemed admitted by the respondent.  A statement that the respondent lacks sufficient knowledge to admit or deny shall be treated as a denial.  The petitioner shall be presumed to deny all allegations in the reply, and no response shall be permitted to the reply.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 205.02  Complaints of Licensee Misconduct.

 

          (a)  Complaints alleging misconduct by licensees in violation of RSA 330-A:27, II or Chapter Mhp 500 shall be filed at the board's offices in Concord, New Hampshire.

 

          (b)  A complaint shall be treated as a request for the initiation of disciplinary proceedings by the board, and need not be served upon the person complained against.

 

          (c)  A complaint shall contain the following:

 

                  (1)  The name and address of the complainant;

 

                  (2)  The name and business address of the licensee against whom the complaint is directed.

 

                  (3)  The specific facts and circumstances which are believed to constitute professional misconduct; and

 

                  (4)  The signature and date required by Mhp 204.02(a).

 

          (d)

 

          (e)  A complaint shall be subject to dismissal at any time upon a determination that it:

 

                  (1)  Fails to state a cause of action; and

 

                  (2)  Alleges a time-barred cause of action.

 

          (f)  The withdrawal of a complaint shall not preclude the board from independently pursuing some or all of the allegations of misconduct alleged by the complainant.

 

          (g)  Upon receiving the written consent of the licensee to a specific written proposal, the board shall consider whether to approve a settlement agreement or a consent decree which resolves some or all of the issues in a disciplinary proceeding.  Motions to approve settlement agreements shall be entertained until a notice of hearing is issued.  Thereafter, settlements shall be accomplished by means of a consent decree.

 

          (h)  A complaint which raises issues of professional misconduct that have been substantiated by an investigation initiated by the board shall result in those issues being incorporated into a notice of hearing which commences a disciplinary hearing pursuant to Mhp 206.02.  Disciplinary action against the licensee shall be taken or not taken based upon the board’s evaluation of the evidence of professional misconduct submitted during the hearing.

 

          (i)  A complainant shall be a party to a disciplinary hearing instituted by the board only if the board issues an order conferring the complaint with party status.  If the complainant is not granted party status and some or all of the allegations in a complaint are the subject of a disciplinary hearing, the notice of hearing shall inform the complainant of his or her right to intervene in the proceeding, or shall include findings demonstrating that the complainant has forfeited this right by failing to cooperate with previous board orders or investigatory requests.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 205.03  Motions and Objections Thereto.

 

          (a)  Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice.

 

          (b)  All motions shall state clearly and concisely:

 

                  (1)  The purpose of the motion;

 

                  (2)  The relief sought by the motion;

 

                  (3)  The statutes, rules, orders, or other authority authorizing the relief sought by the motion;

 

                  (4)  The facts claimed to constitute grounds for the relief requested by the motion; and

 

                  (5)  The signature and dated required by Mhp 204.02(a).

 

          (c)  Objections to motions shall state clearly and concisely:

 

                  (1)  The defense of the party filing the objection;

 

                  (2)  The action which the party filing the objection wishes the board to take on the motion;

 

                  (3)  The statutes, rules, orders, or other authority relief upon in defense of the motion; and

 

                  (4)  Any facts which are additional to or different from the facts stated in the motion; and.

 

                  (5)  The signature and date required by Mhp 204.02(a)

 

          (d)  An objection shall specifically admit or deny each fact contained in the motion.  Failure to deny a fact shall constitute the admission of that fact for the purposes of the motion.  In the event a party filing an objection lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.

 

          (e)  Motions shall be decided upon the writings submitted.  Repetitious motions shall not be submitted.

 

          (f)  Objections to motions shall be filed within 5 days after the filing of the motion.  Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 206  ADJUDICATIVE PROCEEDINGS

 

          Mhp 206.01  Applicability.  This part shall govern all proceedings conducted by the board except rulemaking and nonadjudicative investigations.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.02  Commencement of Proceedings.

 

          (a)  The board shall commence an adjudicative proceeding by issuing a notice of hearing to the parties at least 15 days before the first scheduled hearing date or first prehearing conference.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          (b)  The notice commencing an adjudicative proceeding shall:

 

                  (1)  Specify the time, place and nature of any hearing;.

 

                  (2)  Summarize the subject matter of the proceeding and identify the issues to be resolved;

 

                  (3)  Specify the legislative authority for the proposed action and identify any applicable board regulations;

 

                  (4)  Specify the date by which, and the address where, appearances or motions by parties or representatives shall be filed;

 

                  (5)  Specify the date, time, and location of an initial prehearing conference or dates for an oral hearing;

 

                  (6)  Identify the presiding officer for the proceeding if other than the chairperson of the board;

 

                  (7)  Identify any special procedures to be followed;

 

                  (8)  Identify any confidentially requirements applicable to the preceding; and

 

                  (9)  Specify that each party has the right to have an attorney represent him or her at the party’s own expense;

 

                  (10)  Contain such other information or attachments as are warranted by the circumstances of the case, including, but not limited to:

 

                          a.  Orders consolidating or severing issues in the proceeding with other proceedings; and

 

                          b.  Orders directing the production or exchange of documents; and

 

                  (11)  A stenographic recording of the hearing shall be taken and preserved.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.03  Docketing, Service of Notice, Public Notice.

 

          (a)  The board shall assign each adjudicative proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the board’s legal counsel in the civil bureau, department of justice.  The hearing notice shall be served upon the respondent, and the complainant, if any, by means of certified mail.

 

          (b)  Service of all subsequent orders, decisions and notices issued by the board, including any amendments to the hearing notice, shall be served upon the parties, including any interveners, by regular mail.

 

          (c)  Orders, notices, and decisions of the board, and motions, memoranda, exhibits, and other documents and data submitted to the board in a docketed case shall be kept in a docket file and made available for public inspection in the board's office except to the extent that confidentiality has been provided for by law.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.04  Intervention.

 

          (a)  Petitions for intervention shall state with particularity:

 

                  (1)  The petitioner's interest in the subject matter of the hearing;

 

                  (2)  Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

 

                  (3)  Any other reasons why the petitioner should be permitted to intervene.

 

          (b)  Petitions for intervention shall be granted if the petitioner has a substantial interest in the proceeding, the petitioner requested intervention in accordance with these rules, and if granting intervention will not prejudice a party or unduly delay the board’s proceedings.

 

          (c)  Petitions for intervention shall be granted if the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing.

 

          (d)  Once granted leave to intervene, an intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.05  Right to Counsel.  Parties and witnesses in adjudicative proceedings shall have the right to representation.  Any representative of a party or witness shall first file a letter announcing the fact of representation at the earliest date practical.  Requests for appointment of counsel shall not be entertained and the board shall have no responsibility for the legal expenses of any licensee, applicant, intervener or witness.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.06  Prehearing Conferences.

 

          (a)  At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion, or upon his or her own initiative, shall request the parties to attend one or more prehearing conference when such a conference would aid in the disposition of the proceeding.

 

          (b)  Matters which can be addressed at a prehearing conference shall include:

 

                  (1)  The distribution of exhibits and written testimony, if any, to the parties;

 

                  (2)  Opportunities and procedures for simplification of the issues;

 

                  (3)  Possible amendments to the pleadings;

 

                  (4)  Opportunities and procedures for settlement;

 

                  (5)  Possible admissions of fact and authentication of documents to avoid unnecessary proof;

 

                  (6)  Possible limitations on the number of witnesses and possible limitations on the scheduling of witnesses;

 

                  (7)  Possible changes to the standard procedures which would otherwise govern the proceeding, and

 

                  (8)  Other matters which might contribute to the prompt and orderly conduct of the proceeding.

 

          (c)  The board shall cause prehearing conferences to be recorded unless all parties wish to discuss possible settlement off the record.  Matters decided at a prehearing conference shall be reflected in an appropriate order.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.07  Discovery and Disclosure.

 

          (a)  The board shall provide for the disclosure of any investigative report or other unprivileged information in the possession of the board, which is reasonably related to the subject matter of the proceeding. 

 

          (b)  Parties shall attempt to agree among themselves concerning the mutual exchange of relevant information.  If these efforts prove unsuccessful, a party wishing to initiate discovery against another party, shall, by motion, seek leave to do so and shall identify the exact type of discovery requested.

 

          (c)  Discovery shall be ordered when the parties cannot adequately address specific relevant factual issues at the time fixed for the presentation of evidence, and addressing these issues at a subsequent time would place the requesting party at a material disadvantage.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.08  Subpoenas.

 

          (a)  Subpoenas for the attendance of witnesses or the production of evidence in investigations or adjudicative proceedings shall be issued upon the order of the board or pursuant to authority delegated by the board to its staff or to a committee by specific resolution or order, or by rule.

 

          (b)  In adjudicative proceedings, a party requesting the board to authorize a subpoena shall attach a copy of the proposed subpoena to its motion.  If the motion is granted, the requesting party shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.

 

          (c)  Motions to quash or modify a subpoena shall be entertained from the person to whom the subpoena is directed, if filed within 7 days after service of the subpoena, or one day before the date specified in the subpoena for compliance therewith, whichever is later.  If the board denies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of the board’s order, whichever is later, unless the board expressly provides additional time to comply. 

 

          (d)  Should a person fail to comply with a subpoena issued pursuant to this section, the board shall take one or more of the following actions:

 

                  (1)  Impose sanctions specific to any pending proceeding or investigation, including, but not limited to, entry of a default judgment as to some or all of the pending issues which is adverse to the noncompliant party;

 

                  (2)  Institute a separate investigation against any non-compliant individual who is subject to the board’s jurisdiction; or

 

                  (3)  Continue with the proceeding and defer all, or part, of the subpoena enforcement issues.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.09  Evidence.

 

          (a)  The evidentiary privileges recognized by the law of New Hampshire, but not the N.H. Rules of Evidence, shall apply to proceedings under this chapter.

 

          (b)  All data which will reasonably assist the board arrive at the truth shall be admissible.

 

          (c)  Oral testimony shall be allowed unless the board, upon a finding that written evidence would be more efficient and would not result in material prejudice, orders that some or all of the evidence be submitted in written form.

 

          (d)  If the board officially notices a fact, it shall so sate, and permit any party, upon timely request, the opportunity to show the contrary.

 

          (e)  Witnesses appearing before the board shall testify under oath or affirmation.

 

          (f)  The board shall cause an electronic or stenographic record, if requested by a party, to be made of hearings and prehearing conferences.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.10  Burden of Proof.

 

          (a)  The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

 

          (b)  Without limiting the generality of paragraph (a), above all moving parties and all petitioners shall have the burden of persuading the board that their motion or petition should be granted.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.11  Methods of Proceeding - Generally.  The parties may agree to one of the following methods of proceeding:

 

          (a)  If the parties agree it shall proceed as follows:

 

                  (1)

 

                  (2)  Where facts material to the subject matter of the proceeding are in dispute but personal observation of the witnesses or the immediate opportunity for cross-examination of witnesses is not required, the proceeding shall, to that extent, consist of the submission of affidavits and memoranda;

 

                  (3)  Where no facts material to the subject matter of the proceeding are in dispute the proceeding shall, to that extent, be limited to the submission of memoranda which argue the conclusions the parties wish the board to draw from the undisputed facts;

 

                  (4)  Oral argument, other than a brief opening and closing statement, shall be permitted only when requested in a written motion, which demonstrates a substantial need for such a procedure.  Written argument in the form of legal briefs or memorandum shall be permitted subject to such filing schedules as the board shall direct by oral or written order; and

 

                  (5)  The presiding officer shall schedule supplemental argument or hearing, or to otherwise reopen the record at any time prior to the issuance of a final order in a proceeding.

 

          (b)  If the parties do not agree to one of the above methods of proceeding the matter shall proceed to an adjudicatory hearing.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.12  Inquiry by Presiding Officer or Board Members.  The presiding officer, board members or board advisors recognized by the presiding officer shall make such inquiry of witnesses, parties or counsel, as they believe necessary to develop a sound record for decision.  Other board members participating in the proceeding shall question witnesses, parties or counsel.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.13  Proposed Findings of Fact and Conclusions of Law.

 

          (a)  Parties may submit proposed findings of fact or conclusions of law.

 

          (b)  The presiding officer shall direct any party to submit proposed findings of fact or conclusions of law if the presiding officer believes proposed findings or conclusions would be helpful in deciding the case.  If such an order is issued, individual rulings upon such proposed findings or conclusions shall be included as part of any proposed or final decision required to be issued in the proceeding.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.14  Ex Parte Communications.  Once an adjudicative proceeding has been commenced, no party shall communicate with a participating member of the board concerning the merits of the case except upon notice to all parties and in accordance with the rules of this chapter.  Nor shall any party cause another person to make such communications or otherwise engage in conduct prohibited by RSA 541-A:36.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.15  Disciplinary Hearings.

 

          (a)  Adjudication of misconduct allegations shall be conducted in accordance with this part as supplemented by the hearing order and other appropriate procedural orders served upon the parties which shall establish the particular scheduling and filing requirements applicable to each case.

 

          (b)  A hearing notice shall be amended by the board upon discovery, by the board, of possible additional violations of Mhp rules or RSA 330-A at any time prior to the issuance of a final order; provided, however, the parties shall receive at least 15 days notice and an opportunity to be heard on any new or materially different misconduct allegations to be decided in a particular disciplinary proceeding.

 

          (c)  The licensee shall respond in writing to stated misconduct allegations by admitting or denying each allegation within a reasonable period of time.

 

          (d)  The board shall have authority to appoint an individual to investigate and prosecute misconduct allegations at any time during a disciplinary hearing.  The decision to appoint an investigator or prosecutor shall occur when the board has reviewed the complaint and determined that there is a reasonable likelihood that a rule, statute, or standard enforced or established by the board has been violated.

 

          (e)

 

          (f)  When the board receives information indicating that a licensee has engaged in or is likely to engage in professional misconduct which poses an immediate danger to life, health, or safety the board shall issue an order pursuant to RSA 330-A:30 which sets forth the alleged misconduct and immediately suspends the license for up to 90 days pending completion of an adjudicative proceeding on the specified issues.

 

          (g)  Suspension orders under Mhp 206.15(f) shall set forth the procedures to be followed by the licensee in order to avail him or her of the opportunity to be heard.

 

          (h)  No hearing date established in a proceeding conducted under Mhp 206.15(f) shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the board’s final decision.

 

          (i)  Prehearing conferences in disciplinary proceedings shall be public except to the extent that settlement discussions or other matters entitled to confidentiality are addressed.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.16  Procedure for Withdrawal.  A presiding officer, or any board member serving in an adjudicative role, shall, on his or her own initiative, or in response to a timely filed motion from a party, withdraw from any hearing when there is good cause for him or her to do so.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.17  Good Cause for Withdrawal.

 

          (a)  Good cause for withdrawal shall exist if a presiding officer or board member has:

 

                  (1)  A direct interest in the outcome of the proceeding, as evidenced by, but not limited to, a financial or familial relationship with any party;

 

                  (2)  Made statements or engaged in behavior which objectively indicate he or she has prejudged the facts of the case; or

 

                  (3)  Personally believes he or she cannot fairly judge the facts in dispute between the parties.

 

          (b)  Previous acquaintance with the issues, the parties, or a witness, shall not, standing alone, constitute good cause for withdrawal.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 206.18  Standard of Proof.  The board shall decide disputed questions in adjudicative proceedings based upon the preponderance of the evidence.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 207  PRESIDING OFFICER, WITHDRAWAL AND WAIVER OF RULES

 

          Mhp 207.01  Presiding Officer, Appointment: Authority.

 

          (a)  All hearings shall be conducted for an agency by a natural person appointed or authorized to serve as a presiding officer.

 

          (b)  A presiding officer shall as necessary:

 

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

 

                  (2)  Facilitate an informal resolution of the subject matter of the hearing;

 

                  (3)  Administer oaths and affirmations;

 

(4)  Request the board to issue subpoenas to compel the attendance of witnesses at hearings or the production of documents, if so authorized by law;

 

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

 

(6)  Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer’s own motion;

 

(7)  Question any person who testifies;

 

(8)  Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

 

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

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 207.02  Withdrawal of Presiding Officer.

 

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

 

          (b)  Good cause shall exist if a presiding officer or agency official:

 

(1)  Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship with any party; or

 

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

 

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

 

          (c)  Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 207.03  Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

     Mhp 207.04  Decisions.

 

          (a)  A presiding officer shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

 

          (b)  All board members deciding the case shall be in attendance for all of the parties’ testimony, and any other testimony on the issue of credibility, in order to effectively assess the issue of credibility.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 208  RECONSIDERATION AND STAY

 

          Mhp 208.01  Motion for Reconsideration or Rehearing.

 

          (a)  Final adjudicative orders of the board, and orders denying petitions for declaratory rulings or rulemaking, shall take effect on the date they are served upon the parties pursuant to Mhp 204.04(c).

 

          (b)  Motions for reconsideration or rehearing shall be filed within 30 days after service of a final adjudicative order.  The board shall make no distinction between the terms "reconsideration" and "rehearing."

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 208.02  Reconsideration on the Agency's Own Motion.  Within the time frame specified in Mhp 208.01(b), the board, on its own motion may reconsider, revise or reverse any final action.  If the board’s action is based upon the existing record, prior notice shall not be given to the parties.  If further argument or data should be considered before making such an order, the board shall provide the parties with notice and an opportunity to be heard before any final revision is made in the board’s previous action.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 208.03  Stay of Board Orders.

 

          (a)  Board actions shall be stayed only in response to a specific motion requesting a stay or by the board acting on its own motion.

 

          (b)  A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified by Mhp 208.01(b), and shall demonstrate good cause sufficient to warrant the stay of an action by the New Hampshire superior court.

 

          (c)  A stay of board action shall be specifically requested.  The mere filing of a motion for reconsideration shall not operate as a stay of any order, but a motion for stay may be combined with a motion for reconsideration.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 209  CONSOLIDATION AND SEVERANCE

 

          Mhp 209.01  Consolidation.  Adjudicative proceedings, which involve the same, or substantially related issues, shall be consolidated for hearing or decision, or both, when fairness, accuracy and efficiency would be served by such an action.  Consolidation shall be ordered in response to a timely motion from a party or on the board’s own initiative.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 209.02  Severance.  The board shall sever one or more issues from a proceeding and dispose of those issues in another proceeding when doing so would materially promote the fairness, accuracy and efficiency of the proceeding.  Severance shall be ordered in response to a timely motion from a party or on the board’s own initiative.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 210  NONADJUDICATORY INVESTIGATIONS

 

          Mhp 210.01  Informal Investigations.

 

          (a)  Notwithstanding any other provision of this title, the board, within the limits of its authority, and acting through its members, officers and employees, or through independent contractors, shall make inquiry of any person and otherwise gather data, and prepare reports describing the data obtained whenever:

 

(1)  It receives data which leads it to believe that a violation of any statute administered by the board, or of any rule of the board, has occurred, or is likely to occur; or

 

(2)  It desires to obtain data for any other lawful purpose.

 

          (b)  Informal investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the case, including:

 

                  (1)  Requests for additional information from the complainant;

 

                  (2)  Requests for a release of relevant records belonging to or under the control of the complainant; and

 

                  (3)  Face-to-face meetings with potential witnesses and interested persons.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 210.02  Formal Investigations.

 

          (a)  Formal investigations shall be commenced for the purpose of obtaining documents, recording testimony, and otherwise gathering information relevant to matters within the board’s jurisdiction when the board believes this technique would be more effective than an informal investigation.

 

          (b)  Formal investigations shall be commenced by the issuance of an order of investigation containing:

 

(1)  The statutory or regulatory authority for the investigation;

 

(2)  Any statutes or rules believed to have been, or about to be violated;

 

(3)  The identity of the persons, or class of persons, which are the subject of the investigation;

 

(4)  The general nature of the conduct being investigated;

 

(5)  The identity of the investigating officer or committee;

 

(6)  The date upon which the investigating officer shall report his or her findings and recommendations to the board;

 

(7)  Any special authority conferred upon the investigating officer, including the authority to issue subpoenas on behalf of the board; and

 

(8)  Other provisions relevant to the issues under investigation and the time, place and manner in which the investigation is to be conducted.

 

          (c)  The issuance of an order of investigation shall not commence a disciplinary hearing and shall not constitute an allegation of misconduct against a license holder.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 210.03  Investigators.  The board shall appoint a member of its staff, a member of the board, a member of any sub-committee of the board or an attorney to conduct a formal or informal investigation.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 210.04  Misconduct Investigations.

 

          (a)  The board shall conduct such nonadjudicative investigations as it deems necessary to examine acts of possible misconduct which come to its attention through complaints or other means.  Informal investigations pursuant to Mhp 210.01 shall be conducted at any time and without prior order of the board. An informal investigation shall be subject to conversion into a formal investigation at any time by following the procedures in Mhp 210.02(b).

 

          (b)  The type, form and extent of an investigation shall be determined by the board.

 

          (c)  When a misconduct investigation occurs, an investigator designated by the board shall contact such persons and examine such records and other documents as are reasonably necessary to make a recommendation as to whether further board action should be taken on the allegations in question.

 

          (d)  Investigations, including those based upon allegations in a complaint, shall be conducted on an ex parte basis, except to the extent the investigator elects to share information with the subject of the investigation or with a complainant.

 

          (e)  The investigator shall make a written report of misconduct investigations, which includes a recommendation to the board as to whether there is a reasonable basis to conduct further disciplinary proceedings.

 

          (f)  Investigatory reports and all information gathered by an investigator shall be confidential except that:

 

                  (1)  The investigator’s report shall be made available to the parties in any adjudicative proceeding resulting there from;

 

                  (2)  Information gathered in an investigation shall become subject to public disclosure if it is introduced as evidence in a disciplinary hearing; and

 

                  (3)  The board shall provide information gathered in disciplinary investigations to:

 

                          a.  Law enforcement agencies;

 

                          b.  Certifying agencies of other jurisdictions;

 

                          c.  Board investigators or prosecutors;

 

                          d.  Expert witnesses or assistants retained by board prosecutors or investigators in the same or related disciplinary matters; or

 

                          e.  A licensee, complainant, or other person with knowledge of the subject matter of a particular misconduct allegation when such disclosure would assist the board investigation of the allegations.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 211  RULEMAKING

 

          Mhp 211.01  Procedure For Adopting Rules.  A board rule, or any amendment or repeal thereof, shall be adopted by order after notice and opportunity for a public hearing as provided by RSA 541-A:11.  Rules shall be proposed by petition or on the board’s own initiative.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 211.02  Petition for Rulemaking.  A request for the commencement of a proceeding to adopt, amend, or repeal a rule shall be submitted in the form of a petition which contains the following information:

 

          (a)  A statement of the petitioner's interest in the proposed rulemaking action;

 

          (b)  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;

 

          (c)  If the petitioner proposes to amend or repeal an existing rule, an identification of the particular rule sought to be amended or repealed; and

 

          (d)  Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 211.03  Disposition of Petition.

 

          (a)  Within 30 days of the submission of a petition, the board shall either deny the petition by written order, stating its reasons for the denial, or shall initiate rulemaking proceedings, by written order, in response to the petition and in accordance with Mhp 211.02.

 

          (b)  Any denial shall be based upon a finding by the board that:

 

(1)  The petition for rule or amendment or repeal of an existing rule would not be consistent with established standards of practice of the board;

 

(2)  The board lacks rulemaking authority over the issues in the petition; or

 

(3)  The petition is contrary to legislative intent.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 211.04  Commencement of Rulemaking Proceeding.  The board shall commence a rulemaking proceeding by following the procedures set forth in RSA 541-A:3 et seq.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 212  DECLARATORY RULINGS

 

          Mhp 212.01  Petitions for Declaratory Rulings.

 

          (a)  Any interested person may request a declaratory ruling from the board on how a statute, rule or order applies to a specific situation.

 

          (b)  The request pursuant to (a) above shall be made by filing a petition with the board, which contains:

 

                  (1)  The exact ruling being requested;

 

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

 

                  (3)

 

                  (4)  The name and address of the petitioner.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

          Mhp 212.02  Action on Petitions for Declaratory Rulings.

 

          (a)  The board shall issue a declaratory ruling, in writing, within 60 days of receipt of a petition.

 

          (b)  A copy of each declaratory ruling shall be:

 

                  (1)  Filed with the director of legislative services;

 

                  (2)  Sent to the petitioner by first class mail; and

 

                  (3)  Filed with the board.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

PART Mhp 213  WAIVER OF SUBSTANTIVE RULES

 

          Mhp 213.01  Petitions for Waiver.

 

          (a)  The board shall entertain petitions to waive or suspend any rule not covered by Mhp 201.04 by filing an original and 8 copies of a petition pursuant to Mhp 205.01(b) which clearly 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)  Whether adherence to the rule would cause the petitioner hardship;

 

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

 

                  (3)  Whether waiver of the rule would injure third persons; and

 

                  (4)  Other good cause for waiving the rule.

 

          (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 such persons and advise them of their right to the petition pursuant to Mhp 205.01(c).

 

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

 

          (e)  The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that good cause has been shown.

 

          (f)  For the purposes of this section, good cause shall be deemed to exist if, at a minimum, the petitioner has demonstrated that:

 

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

 

                  (2)  Waiver of the rule would be consistent with the statutes and rules the board;

 

                  (3)  Waiver of the rule would not injure third persons; and

 

                  (4)  Waiver is necessary due to factors outside the control of the petitioner.

 

                                                                      Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

 

                                                                      New.  #7624, eff 1-10-02

 

APPENDIX

 

RULE

STATUTE IMPLEMENTED

 

 

Mhp 201.01 - 201.03

RSA 330-A:28, RSA 330-A:29 and RSA 541-A:16, I(b)

Mhp 201.04

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

Mhp 202

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

Mhp 203

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

Mhp 204

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

Mhp 205.02

RSA 330-A:28, I, VII, VIII

Mhp 205.03

RSA 330-A:28, RSA 330-A:29 and RSA 541-A:16, I(b)

Mhp 206.01

RSA 330-A:29 and RSA 541-A:16, I(b)(2)

Mhp 206.02 - 206.04

RSA 330-A:29, II

Mhp 206.05

RSA 330-A:29, IV, VI

Mhp 206.06

RSA 330-A:29, III and RSA 541-A:30-a, III(c)

Mhp 206.07 - 206.08

RSA 330-A:28, IV, V and RSA 541-A:30-a, III(c)

Mhp 206.09

RSA 330-A:29, IV

Mhp 206.10

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

Mhp 206.11 - 206.12

RSA 330-A:29

Mhp 206.13

RSA 541-A:35

Mhp 206.14

RSA 541-A:36

Mhp 206.15

RSA 330-A:28, RSA 330-A:29 and RSA 541-A:16, I(b)

Mhp 206.16 - 206.17

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

Mhp 206.18

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

Mhp 207

RSA 330-A:29, I

Mhp 208

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

Mhp 209

RSA 330-A:29 and RSA 541-A:16, I(b)(2)

Mhp 210.01 - 210.04

RSA 330-A:28, I

Mhp 210.05

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

Mhp 211.01 - 211.03

RSA 541-A:16, I(c)

Mhp 211.04

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

Mhp 212

RSA 541-A:22, IV

Mhp 213

RSA 541-A:16, I(d)