NEW HAMPSHIRE MOTOR VEHICLE INDUSTRY BOARD

c/o Department of Safety

10 Hazen Drive

Concord, NH 03305

 

CHAPTER Mvi 100  ORGANIZATIONAL RULES

 

Statutory Authority:  RSA 357-C:12, I

 

PART Mvi 101  PURPOSE

 

Mvi 101.01  Purpose.  The purpose of these rules is to establish the procedures under which the New Hampshire motor vehicle industry board, which regulates business practices among motor vehicle manufacturers, distributors and dealers, shall operate.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

PART Mvi 102  DEFINITIONS OF TERMS

 

Mvi 102.01  “Board” means the New Hampshire motor vehicle industry board as defined in RSA 357-C:12, I (a)-(d).

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

Mvi 102.02  “Commissioner” means the commissioner of the New Hampshire department of safety.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

Mvi 102.03  “Department” means the New Hampshire department of safety.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

Mvi 102.04  “Manufacturer” means “manufacturer” as defined in RSA 357-C:1, II.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

Mvi 102.05  “Motor vehicle” means “motor vehicle” as defined in RSA 357-C:1, I.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

Mvi 102.06  “Motor vehicle dealer” means “motor vehicle dealer” as defined in RSA 357-C:1,VIII.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

Mvi 102.07  “Person” means “person” as defined in RSA 357-C:1, XIV.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

PART Mvi 103  DESCRIPTION

 

Mvi 103.01  Composition of Board.  Pursuant to RSA 357-C:12, I, the board consists of the commissioner and 6 members, appointed by governor and council for a term specified by law.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

Mvi 103.02  Duties of the Board.

 

(a)  The responsibilities of the board include:

 

(1)  Adopting rules under RSA 357-C:12, I (c);

 

(2)  Holding public hearings to determine whether chapter RSA 357-C has been violated;

 

(3)  Issuing written decisions and orders to any person violating chapter RSA 357-C; and

 

(4)  Establishing all fees in accordance with RSA 357-C:12,VIII (d).

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6650, eff 12-10-97

 

PART Mvi 104  REQUESTS FOR INFORMATION

 

Mvi 104.01  Requests for Information.

 

(a)  All requests for information shall be directed in writing to the board at the department of safety, 10 Hazen Drive, Concord, NH 03305.

 

(b)  Public records, not otherwise declared confidential by law, shall be available for inspection by appointment.

 

(c)  Copies of documents in response to a request pursuant to (a) above, shall be assessed the fee, as provided in RSA 91-A:4, IV.

 

Source.  #6650, eff 12-10-97

 

CHAPTER Mvi 200  NEW HAMPSHIRE MOTOR VEHICLE INDUSTRY BOARD HEARING AND PROCEDURAL RULES

 

Statutory Authority: RSA 357-C:12, II-VII

 

PART Mvi 201  SCOPE OF CHAPTER

 

          Mvi 201.01  Applicability.  These rules shall apply to any person or entity defined by RSA 357-C involved in a protest before the motor vehicle industry board.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 201.02  Waiver.  The board shall not permit a waiver of these rules.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

PART Mvi 202  DEFINITIONS OF TERMS

 

          Mvi 202.01  “Commissioner” means the commissioner of safety or his designee, as the chairperson of the board.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 202.02  “New motor vehicle” means “new motor vehicle” as defined in RSA 357-C:1, XV.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 202.03  “Prehearing conference” means a closed meeting between the parties and the commissioner’s representative in which settlement of the entire protest is reached or the issues to be addressed at hearing are identified.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 202.04  “Presiding officer” means “presiding officer” as defined in RSA 541-A:1, XIV.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 202.05  “Protest” means any complaint filed pursuant to RSA 357-C:12, II(a).

 

Source.  #9043-A, eff 11-29-07

 

PART Mvi 203  BOARD AUTHORITY

 

          Mvi 203.01  General Authority of the Board.  Subject to the statutes and rules governing the board, the board shall:

 

          (a)  Receive protests filed pursuant to RSA 357-C and these rules;

 

          (b)  Schedule and hold hearings;

 

          (c)  Administer oaths and affirmations;

 

          (d)  Determine the order of proof in any proceeding;

 

          (e)  Receive relevant evidence and rule on offers of proof in hearings;

 

          (f)  Take official notice of any facts which are of common knowledge and general notoriety;

 

          (g)  Regulate and control the course of hearings;

 

          (h)  Hold conferences for the settlement or simplification of issues, or for obtaining stipulations as to issues of fact or proof by consent of the parties;

 

          (i)  Dispose of procedural requests, including but not limited to adjournments, continuances, or defaults at the request of the parties or on the board member’s own motion;

 

          (j)  Interview and examine witnesses as the case may require;

 

          (k)  Direct parties to appear at hearings;

 

          (l)  Consider and evaluate the facts and evidence on the record and make findings of fact, conclusions of law, and dispositions;

 

          (m)  Determine credibility or weight of evidence in making findings of fact and conclusions of law;

 

          (n)  Render oral and written decisions, reports or recommendations as authorized by statute or rule;

 

          (o)  Make a complete record of any proceeding including all relevant matters;

 

          (p)  Take any action in a proceeding necessary to conduct and complete the case not inconsistent with applicable statutes, rules and precedents;

 

          (q)  Appoint people to serve at depositions of out of state witnesses; and

 

          (r)  Allow amendment of protest upon motion of a party or on the board member’s own motion.

 

Source.  #6485, INTERIM, eff 4-16-97, EXPIRED: 8-14-97

 

New.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

PART Mvi 204  BOARD PROCEDURES FOR FILING DOCUMENTS AND CONDUCTING HEARINGS

 

          Mvi 204.01  Information Submitted to the Board.

 

          (a)  No protest, motion, other request for board action or information requested by the board shall be accepted by the board unless it is:

 

(1)  On 8 ½ x 11 inch white paper of good quality printed on one side;

 

(2)  Double spaced with one inch margins on the top, bottom, right and left of the page;

 

(3)  In black image writing or type of at least 12 point font; and

 

(4)  Indexed, if appendices are included pursuant to (e), below.

 

          (b)  Eight copies of any protest, motion or other documents shall be submitted.

 

          (c)  If a party wishes the board to consider out of state rulings in connection with a protest, 8 copies of the case(s) shall be submitted.

 

          (d)  Documents shall not exceed the following page limits:

 

(1)  Motions not to exceed 5 pages; and

 

(2)  Briefs, memorandums of law, or other document submitted for the board’s review not to exceed 20 pages.

 

          (e)  Relevant documentary evidence may be submitted with (d)(1) or (2) above, if the party:

 

(1)  Indexes all materials; and

 

(2)  Includes a table of contents.

 

          (f)  If after review the board determines that more legal argument or documentation is necessary to render a decision, it shall request additional information from the parties.

 

          (g)  When a party files a document with the board, it shall also provide a copy of the document to all other parties to the proceeding, by either of the following:

 

(1)  By United States postal service first class mail, postage prepaid to the last address provided to the board; or

 

(2)  In person.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 204.02  Representation of Parties.

 

          (a)  Parties may be represented:

 

(1)  By legal counsel;

 

(2)  Pro se; or

 

(3)  Pursuant to RSA 311:1.

 

          (b)  If an attorney files an appearance on behalf of a party, all subsequent correspondence from the board and all other parties shall be forwarded to the attorney and no further correspondence shall be forwarded directly to the party.

 

          (c)  If an attorney withdraws, the party shall notify the board in writing, allowing subsequent correspondence to be forwarded directly to the party.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 204.03  Time Allocation at Hearing.

 

          (a)  Each party shall be allotted no more than 10 minutes for an opening statement to the board;

 

          (b)  In addition to (a) and (e), each party shall be permitted no more than 4 hours, including motions or objections by the opposing party, to present their case.

 

          (c)  Prior to the hearing and upon request to the commissioner, parties shall be granted additional time if the commissioner determines that it is necessary to fully develop the facts or insure that all relevant evidence has been received on the grounds challenged pursuant to RSA 357-C and included in the protest as required by Mvi 205.01.

 

          (d)  Each party shall be permitted to present relevant evidence and testimony;

 

          (e)  Each party shall be allotted no more than 10 minutes for a closing statement to the board.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 204.04  Public Access to Hearings.  Unless RSA 91-A:5 is applicable, all hearings held by the board shall be open to the public.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 204.05  Computation of Time Periods.  In computing any period of time prescribed or allowed by these rules or RSA 357-C:

 

(a)  The day of the act, event, or default after which the designated period of time begins to run shall not be included; and

 

          (b)  The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, or legal holiday as specified in RSA 288.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 204.06  Burden of Proof.  Unless otherwise specified by law, the burden of proof shall be on the moving party.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 204.07  Standard of Proof.  Unless otherwise specified by law, the standard of proof shall be by a preponderance of the evidence.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 204.08  Intervenors.  Unless permitted pursuant to RSA 541-A:32, intervenors shall not be allowed in any action before the board.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 204.09  Agency Staff.  At the request of the board, department of safety staff may be present at any board meeting or proceeding.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07; ss by #9043-A, eff 11-29-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

PART Mvi 205  FILING PROTEST

 

          Mvi 205.01  Notice of Protest.

 

          (a)  A person shall give notice of a protest pursuant to RSA 357-C on the protest form or by letter containing the same information specified in (c), below.

 

          (b)  A photocopy of the protest together with photocopies of all supporting data filed with the board, shall be sent by the person requesting the hearing to the opposing party or parties.

 

          (c)  The protestor shall provide the following information on the form:

 

(1)  Name and address;

 

(2)  Telephone number;

 

(3)  Reason hearing is requested, including:

 

a.  Citation of the specific section of RSA 357-C under which relief is being sought;

 

b.  Grounds which are claimed to constitute a violation of the law specified in a., above; and

 

c.  Brief description of the facts which gave rise to the protest;

 

(4)  Names and addressees of other parties involved in the protest; and

 

(5)  Outcome that is sought.

 

          (d)  If after review by the commissioner, any of the information submitted pursuant to (c), above, is inadequate or missing the protest shall:

 

(1)  Be returned to the party with an explanation of the deficiencies and notice that the party may make corrections and resubmit the protest within 5 days; and

 

(2)  Be dismissed if not resubmitted in compliance with (d)(1).

 

          (e)  The completed protest form shall be returned to the commissioner who shall forward it to the board.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 205.02  Filing Fee.  Pursuant to RSA 357-C:12, VIII (b), a filing fee of $1,500 shall be paid to the New Hampshire motor vehicle industry board fund when a party files a protest under RSA 357-C.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

PART Mvi 206  PREHEARING CONFERENCE

 

          Mvi 206.01  Prehearing Conferences.

 

          (a)  The prehearing conference shall be scheduled within the time period specified by RSA 357-C:12, IV.  The commissioner shall then schedule a hearing after consultation with the parties provided that, in no case, shall the prehearing conference be scheduled more than 90 days after the receipt of the protest by the board.

 

          (b)  The prehearing conference shall be held by the commissioner or a person designated by the commissioner.  No other person shall be allowed to attend the prehearing except the parties, and their counsel.

 

          (c)  The commissioner shall provide notice to the parties of:

 

(1)  The date, time, and location of the prehearing conference;

 

(2)  Any documents that the parties will be required to exchange at the conference; and

 

(3)  The issues to be reviewed at the prehearing conference.

 

          (d)  The prehearing conference shall:

 

(1)  Address the possibilities for settlement of the entire case; and

 

(2)  Settle issues which can be agreed upon prior to hearing, including but not limited to:

 

a.  The scope of the hearing; and

 

b.  Limits and scheduling of discovery for issues which are proceeding to hearing.

 

          (e)  The commissioner shall take under advisement and issue a final determination of any issues which are raised at the prehearing conference. Such determinations shall be confidential and only available to the designee, the parties, and their counsel.

 

          (f)  The commissioner shall resolve all issues related to the prehearing conference which are submitted after completion of the conference, including but not limited to, any discovery motion, scheduling motion, or other motions regarding prehearing issues.

 

          (g)  If the parties are unable to resolve their issues without a hearing, the protested matter shall be placed on the board’s hearing calendar for resolution within 90 days of the prehearing conference unless another date is agreed to by the parties.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 206.02  Discovery.

 

          (a)  The discovery procedures, authorized for civil actions in the superior court, shall apply to hearings held by the board as specified by RSA 357-C:12, III. In all other cases, discovery shall be permitted as agreed to by the parties or as ordered by the commissioner following the prehearing conference.

 

          (b)  If a protest is not settled at the prehearing conference, a schedule for discovery shall be prepared by the parties as ordered during the prehearing conference.

 

          (c)  Any motion to compel discovery shall be decided without hearing unless the commissioner, following prehearing conference, determines there are genuine issues of fact which require review by the board.

 

          (d)  If the commissioner orders discovery and either party refuses to comply, upon motion of the opposing party or by its own motion, the board shall:

 

(1)  Assess civil penalties as provided in RSA 357-C:12, VI and Mvi 208.17; or

 

(2)  Find the non-compliant party in default.

 

          (e)  The board shall use the following criteria when determining what provision of (d) will be applied to the non-compliant party:

 

(1)  The willfulness of the violation;

 

(2)  The extent to which preparation for hearing was hindered by non-compliance;

 

(3)  Whether there were repeated violations; and

 

(4)  Any other issue which justice may require.

 

          (f)  If the protestor is the defaulting party, the protest shall be dismissed.  If the respondent is the defaulting party relief shall be granted as requested by the protestor pursuant to Mvi 205.01(c)(5).

 

          (g)  At the request of either party or on his or her own motion the commissioner shall issue an order prohibiting the parties from disclosing discovery materials to any person other than the other party, the commissioner or the board.

 

Source.  #6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

PART Mvi 207  SCHEDULING HEARING

 

Mvi 207.01  Waiver of Hearing.  If the parties agree at a prehearing conference, the hearing shall be waived and the board shall decide the protest based on written briefs submitted by the parties.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 207.02  Notice of Hearing.

 

          (a)  The board shall schedule the date, time and location of the hearing and notify the parties.

 

          (b)  The notice shall:

 

(1)  Include the date, time and location of the hearing;

 

(2)  Specify the scope of the hearing, including the issues involved;

 

(3)  Specify the legal authority under which the hearing is being held;

 

(4)  Specify the particular sections of the statutes and rules involved;

 

(5)  Include information regarding continuances pursuant to Mvi 207.03; and

 

(6)  A statement that each party has the right to have an attorney present to represent the party at the party’s expense.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 207.03  Requests for Continuances.

 

          (a)  A party requesting a continuance of a hearing shall submit his/her request in writing and it shall be received by the board at least 5 working days prior to the hearing.

 

          (b)  The written request, referred to in (a) above, shall contain but not be limited to:

 

(1)  The specific reason(s) for the request;

 

(2)  Optional dates and times when all interested parties shall be available;

 

(3)  The identity of the requestor; and

 

(4)  The name of the respondent.

 

          (c)  The presiding officer shall grant up to a 30 day extension of time to schedule a hearing if a party is entitled to a continuance due to one of the following:

 

(1)  Serious illness;

 

(2)  Incarceration;

 

(3)  Death of a family member; or

 

(4)  Other exigent circumstances, beyond the requestor’s control, that requires the party’s absence from the scheduled hearing.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

PART Mvi 208  HEARING PROCESS

 

          Mvi 208.01  Conduct of Hearing.

 

          (a)  The board shall conduct a hearing for all issues that are not resolved in prehearing conferences, unless Mvi 207.01 is applicable.

 

          (b)  Each party to the protest shall have the opportunity to:

 

(1)  Examine all documents and records used at the hearing;

 

(2)  Have witnesses and cross examine adverse witnesses;

 

(3)  Present all relevant facts through oral, written and demonstrative evidence; and

 

(4)  Present and refute any testimony and evidence.

 

          (c)  All oral testimony shall be presented under oath or affirmation administered by the presiding officer to each witness prior to testifying.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 208.02  Control of Hearing.

 

          (a)  In cases of disorder or refusal to comply with the rules of the hearing, the board members shall use reasonable means, including but not limited to (b) through (d) below, to control the hearing.

 

          (b)  Parties, representatives, and witnesses shall not engage in bitter exchanges, or vulgarities. When such an act is committed, the board shall admonish the offender reminding him/her that such behavior impedes the orderly disposition of a matter.

 

          (c)  If the offense is repeated and further admonition appears fruitless, the board shall exclude a disorderly person from the hearing.

 

(d)  A disorderly person shall not lose his/her case because of offensive conduct or the offensive conduct of his/her representative or witness.

 

          (e)  Notwithstanding (d) above, if a disorderly person’s offensive conduct is so flagrant that it prevents the completion of the case, the disorderly person shall be warned that his/her conduct shall result in a default judgment entered for the case. The party may reopen the case upon submitting his/her offer of proof or argument in an orderly fashion.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 208.03  Identification of Parties.

 

(a)  At the opening of a hearing, the board shall:

 

(1)  Determine the identities of all parties and their representatives and witnesses;

 

(2)  Obtain their addresses and the correct spelling and pronunciation of their names and addresses;

 

(3)  Record on the report of hearing, the name of the respondent and his representative(s), and all witnesses appearing; and

 

(4)  Identify themselves, their official titles and functions and briefly summarize the following:

 

a.  The purpose of the hearing;

 

b.  The scope of the hearing and the issues involved;

 

c.  The procedural rights of all parties; and

 

d.  The statute(s) and/or rule(s) under which the hearing is being held.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.04  Sequestering of Witnesses.

 

          (a)  If there is a clear dispute of facts between the parties in which the credibility of the testimony might determine the outcome of the hearing, the board, on the request of a party, shall sequester witnesses until they are called to testify.

 

          (b)  Parties shall not be sequestered.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 208.05  Oaths or Affirmations.

 

          (a)  In any hearing in which administrative action affecting the rights or privileges of any party might be taken, an oath or affirmation shall be administered by the presiding officer to each witness prior to identifying each witness and receiving testimony.

 

          (b)  If a witness asserts an objection to the taking of an oath for religious or other related reasons, an affirmation shall be administered.

 

          (c)  Interpreters shall be administered an oath or affirmation to translate truthfully and accurately, to the best of their ability, all questions asked and answers given.

 

          (d)  Once a witness has taken an oath or made an affirmation at any hearing it shall not be necessary for him/her to be sworn again for subsequent testimony on the same day and in the same case.  The record of the proceeding shall indicate that a person was recalled to testify and reminded that s/he was still under oath or affirmation.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.06  Rules of Evidence.

 

          (a)  Hearings conducted by the board shall not be bound by the formal rules of evidence or by common law.

 

          (b)  All relevant evidence shall be admissible.

 

          (c)  Evidence may include but shall not be limited to:

 

(1)  Depositions;

 

(2)  Affidavits;

 

(3)  Official documents; and

 

(4)  Testimony of witnesses.

 

          (d)  Pursuant to RSA 541-A:33, II, the board shall exclude any irrelevant, immaterial, or unduly cumulative or repetitious evidence.

 

          (e)  Applicable statutory and constitutional privileges and immunities requiring exclusion of evidence in civil proceedings shall be recognized, provided however, that nothing contained herein shall prohibit a party from waiving his privilege or immunity.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 208.07  Motions Before Hearing.

 

          (a)  All motions shall be in writing unless presented orally at the hearing.  Written motions shall be included in the record of the proceeding and filed together with the case file.

 

          (b)  All written motions submitted on the day of the hearing shall be excluded from consideration by the board.

 

          (c)  Notwithstanding (b) above, the board shall accept a written motion submitted on the day of the scheduled hearing if the moving party is able to show:

 

(1)  The existence of newly discovered evidence which due diligence would not have discovered prior to the hearing; or

 

(2)  Exigent circumstances existed that prevented the filing of the motion prior to the day of the hearing.

 

          (d)  For the purposes of (c)(2) above, exigent circumstances shall include:

 

(1)  Serious illness;

 

(2)  Hospitalization;

 

(3)  Incarceration;

 

(4)  Death of a family member; or

 

(5)  Any other unforeseeable circumstance beyond a party’s control that requires the party’s absence from the scheduled hearing.

 

          (e)  If the board accepts a written motion on the day of the scheduled hearing and the opposing party requests time to respond, a continuance shall be granted.  The continuance shall be attributed to the party submitting the motion.

 

          (f)  Oral motions shall be recorded in full in any transcript of the proceeding.

 

          (g)  Once all testimony has been heard and closing arguments, if any, have been completed, the hearing shall be closed and no motion(s) in any form shall be allowed.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 208.08  Official Notice.

 

          (a)  The board shall take official notice of the materials specified in RSA 541-A:33, V.

 

          (b)  The board shall state on the record the matters of which official notice shall be taken, and afford the parties the opportunity to object.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.09  Record of Hearing.

 

          (a)  All evidence and testimony presented in a hearing shall constitute the record for the purpose of the board rendering a decision.

 

          (b)  The board shall tape record all hearings and shall so notify the parties before the hearing begins.

 

          (c)  The board shall:

 

(1)  Retain a copy of hearing tapes, its written decisions and orders, and records of its hearings in accordance with RSA 541-A:30, VII.

 

(2)  Provide copies of the information in (1) above, as required by RSA 91-A.

 

(3)  Make available a true and accurate copy of the hearing tape(s) upon receipt of a blank 90 minute tape(s).

 

          (d)  Pursuant to RSA 91-A:4, any person who requests a copy of the hearing transcript shall pay the actual cost of copying or transcribing.

 

          (e)  Any person or party attending a hearing may tape or otherwise record the hearing.  The board shall inform the parties that the official record of the hearing shall be the record made by the board.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.10  Board Member Withdrawal.  A board member shall withdraw from a case if at any stage of the hearing process s/he determines that:

 

          (a)  Presently, or in the past, s/he has had a personal or business relationship with a party, witness or attorney that may hinder him from arriving at an impartial decision on the issue(s); or

 

          (b)  S/he cannot render an impartial decision for any other reason.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.11  Concluding Proceeding.  No party shall be required to rest his case at a given time, except when the board has heard all relevant evidence and rebuttals.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.12  Decision of the Board.

 

          (a)  For the purpose of rendering a decision, 4 members of the board shall constitute a quorum.

 

          (b)  All decisions shall be reached on the basis of a preponderance of the evidence.

 

          (c)  The disposition of the protest shall be in writing and shall set forth findings of fact, conclusions of law and a final disposition made by the board.

 

          (d)  The board’s decision shall be rendered within 30 days of the conclusion of the hearing.

 

          (e)  The board’s decision shall be mailed to the parties.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

Mvi 208.13  Reopening.

 

          (a)  Whenever the board is satisfied that good cause exists to explain why a person failed to appear at a hearing at which a default judgment was rendered, the board shall strike the default judgment and reopen the case for a determination on the merits.

 

          (b)  Good cause shall include, but not be limited to:

 

(1)  Serious illness;

 

(2)  Hospitalization;

 

(3)  Incarceration;

 

(4)  Death of a family member; or

 

(5)  Any other unforeseeable circumstance beyond the party’s control, that requires the party’s absence from the scheduled hearing.

 

          (c)  A case which has been decided other than by default shall be reopened whenever:

 

(1)  A party alleges the existence of newly-discovered evidence which due diligence would not have discovered prior to hearing; or

 

(2)  A party alleges any material error, omission, misconstruction of applicable statutes or rules or misrepresentation of applicable precedents.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.14  Rehearing Procedure.

 

          (a)  Pursuant to RSA 357-C:12,VII, a party shall request a rehearing for reconsideration with the board prior to bringing an appeal to superior court.

 

          (b)  A request for rehearing shall be filed on the application for rehearing with the board within 20 days after an order or decision has been made.

 

          (c)  The board shall respond to the request for rehearing within 30 days of receipt of the application.

 

          (d)  The board’s response to the request for rehearing shall be in the form of a denial or a date for rehearing.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.15  Application for Rehearing.

 

          (a)  The application for rehearing shall be addressed to the chairman of the board.

 

          (b)  The application shall be in the form of a letter and shall include every ground on which the applicant asserts the hearing or the outcome of the hearing is unlawful or unreasonable.

 

          (c)  The applicant shall submit the application to the board within 20 days after the complained of order or decision was made.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.16  Appeal of Sanction Imposed by Board.  Any decision or order of the board shall remain in full force and effect pending the outcome of the appeal or expiration of the decision or order imposed.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.17  Civil Penalties.  The amount of a civil penalty, as authorized by RSA 357-C:12, II (b) and VI, imposed by the board for a violation of its order(s) shall be based on the following:

 

          (a)  The appropriateness of a penalty in relation to the size of the business of the party charged;

 

          (b)  The gravity of the violation;

 

          (c)  Whether the non-compliant party made a good faith attempt to comply with an order;

 

          (d)  Degree of culpability of the non-compliant party;

 

          (e)  History of prior violations;

 

          (f)  Effect of the penalty on the party;

 

          (g)  Other matters as justice may require.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 208.18  Appeals.  Any appeal shall be filed with the superior court within 30 days after the board rules on an application for rehearing, pursuant to RSA 357-C:12,VII.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

PART Mvi 209  SCOPE OF HEARINGS

 

          Mvi  209.01  RSA 357-C:3, Prohibited Conduct.  The scope of hearings held pursuant to RSA 357-C:3, shall be limited to whether any person has engaged in unfair business practice as specified in RSA 357-C:3, I through V.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

          Mvi 209.02  RSA 357-C:4, Delivery and Preparation Obligations.  The scope of hearings held pursuant to RSA 357-C:4 shall be limited to whether the manufacturer provided the delivery and preparation obligations of its motor vehicle dealers as specified in RSA 357-C:4.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B, eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

          Mvi 209.03  RSA 357-C:5, Warranty Obligations, Transportation Damage and Indemnification.  The scope of hearings held pursuant to RSA 357-C:5 shall be limited to the issues specified in RSA 357-C:5 which were asserted as the grounds for the violation of the law by the protestor.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B, eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

          Mvi 209.04  RSA 357-C:6, Agreements Governed.

 

          (a)  The scope of hearings held pursuant to RSA 357-C:6 shall be limited to:

 

(1)  For protests filed pursuant to RSA 357-C:6, I, whether any written or oral agreement is void as against public policy and unenforceable in this state;

 

(2)  Whether the manufacturer, distributor, distributor branch or division, factory branch or division, or agent thereof provided a copy of a new or amended selling agreement to the dealer as required by RSA 357-C:6, II; or

 

(3)  For protests filed pursuant to RSA 357-C:6, III, whether the agreement manufacturer or distributor agreement included the specific language required by RSA 357-C:6, III.

 

          (b)  If a protest alleges a violation of more than one section of RSA 357-C:6 then the board shall include any applicable provision of (a), above.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B, eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

          Mvi 209.05  RSA 357-C:7, Limitations on Cancellations, Terminations or Nonrenewals.

 

          (a)  The scope of hearings held pursuant to RSA 357-C:7 shall be limited to whether:

 

(1)  The manufacturer satisfied the notice requirement specified in RSA 357-C:7. VI;

 

(2)  The manufacturer acted in good faith; and

 

(3)  The manufacturer has good cause as defined by RSA 357-C:7, II, for the cancellation, termination, nonrenewal, or noncontinuance of the franchise.

 

          (b)  The manufacturer shall bear the burden of proof as specified in RSA 357-C:7, IV.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B, eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

          Mvi 209.06  RSA 357-C:8, Survivorship.

 

          (a)  The scope of hearings held pursuant to RSA 357-C:8 shall be limited to:

 

(1)  Whether a designated family member or a deceased or incapacitated new motor vehicle dealer notified the manufacturer, distributor, factory branch or factory representative or importer of his or her intention to succeed to the dealership as specified in RSA 357-C:8, I;

 

(2)  Whether the manufacturer, distributor, factory branch or factory representative or importer had good cause to deny the succession.  For the purposes of this rule good cause shall not include an evaluation of the relevant market area or other criteria which would compare the successor to potential franchisees in the area; and

 

(3)  Whether the manufacturer, distributor, factory branch or factory representative or importer provided adequate notice as specified in RSA 357-C:8, II.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B, eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

          Mvi 209.07  RSA 357-C:9, Relocation or Establishment of Dealerships.

 

          (a)  The scope of hearings held pursuant to RSA 357-C:9 shall be limited to whether the manufacturer complied with the requirements of RSA 357-C:9.

 

          (b)  When it assesses whether a manufacturer had good cause to relocate or not enter into an agreement, the Board shall consider the existing circumstances, including, but not limited to the criteria specified in RSA 357-C:9, II.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B, eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

          Mvi 209.08  RSA 357-C:10, Franchisee’s Right to Associate.  The scope of hearings held pursuant to RSA 357-C:10 shall be limited to whether a franchisor has attempted to interfere with franchisees right to associate for any lawful purpose.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B, eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

          Mvi 209.09  RSA 357-C:11, Discounts and Other Inducements.  The scope of  hearings held pursuant to RSA 357-C:11  shall be limited to whether, in connection with the sale of a motor vehicle to the state or a political subdivision thereof, a manufacturer or distributor offered any discounts, refunds, or similar inducement to the dealer without making the same offer to other dealers in the relevant market area.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-B, eff 11-29-07; EXPIRED: 11-29-15

 

New.  #11195, INTERIM, eff 10-15-16, EXPIRES: 4-3-17; ss by #12123, eff 3-2-17

 

PART Mvi 210  RULEMAKING

 

          Mvi 210.01  Petition.

 

          (a)  Petitions for rulemaking shall be in writing.

 

          (b)  The petitioner shall include a cover letter stating the reasons that rule is being proposed.

 

          (c)  The petitioner shall include his/her name, address, and phone number.

 

          (d)  Petitions shall be sent to the motor vehicle industry board, department of safety, 33 Hazen Drive, Concord, NH 03305.

 

          (e)  The board shall deny a rulemaking petition if:

 

(1)  The board determines it does not have rulemaking authority pursuant to RSA 357-C or RSA 541-A;

 

(2)  The petition does not clearly identify the issues which require rulemaking;

 

(3)  There is an existing rule which addresses the issues raised in the petition; or

 

(4)  The board determines the petition is inconsistent with RSA 357-C and any applicable case law.

 

          (f)  Pursuant to RSA 541-A:4, the board shall notify the petitioner in writing whether the petition was granted or denied.  If the petition is denied, the notification letter shall state the reasons for denial.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07; ss by #12123, eff 3-2-17

 

          Mvi 210.02  Notice.  The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking hearing pursuant to RSA 541-A:6.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07; ss by #9043-A, eff 11-29-07; ss by #12123, eff 3-2-17

 

          Mvi 210.03  Presiding Officer.

 

          (a)  The hearing shall be presided over by the chairperson of the board or his or her designee.

 

          (b)  The chairperson or designee shall:

 

(1)  Determine whether a quorum of the board is present for the hearing;

 

(2)  Call the hearing to order;

 

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

 

(4)  Recognize those who wish to be heard;

 

(5)  Maintain order during the hearing; and

 

(6)  Adjourn the hearing.

 

Source.  #9043-A, eff 11-29-07; ss by #12123, eff 3-2-17

 

          Mvi 210.04  Order of the Hearing.

 

          (a)  Any individual who wishes to testify at the hearing shall provide his or her full name on a speakers list furnished by the board.

 

          (b)  Individuals shall be called to testify in the order in which they signed up.

 

          (c)  Before adjourning the public hearing and after all individuals who signed up have been heard, the chairperson or designee shall call for any new testimony from any new speaker.

 

          (d)  When the chairperson or designee has determined that no other individual wishes to testify, he or she shall close the public hearing.

 

Source.  #9043-A, eff 11-29-07; ss by #12123, eff 3-2-17

 

          Mvi 210.05  Postponement and Continuations.

 

          (a)  The chairperson or designee shall postpone a hearing to a later date, time, or place in the event of:

 

(1)  Inclement weather;

 

(2)  A lack of a quorum; or

 

(3)  Determination by the board that postponement of the hearing shall facilitate greater participation by the public.

 

          (b)  The chairperson or designee shall continue a hearing to a later date, time or place in the event that:

 

(1)  The time allotted is not sufficient to give each individual who wishes to testify an opportunity to do so; or

 

(2)  A lack of quorum.

 

          (c)  Notice of a postponement or continuation of a public hearing or of extension of the public comment period shall be provided pursuant to RSA 541-A:11, III and IV (d).

 

Source.  #9043-A, eff 11-29-07; ss by #12123, eff 3-2-17

 

          Mvi 210.06  Written Comments.  Individuals may submit comments in writing or electronic format to the board on proposed rulemaking actions any time from the time notice has been published until the end of the public comment period as set forth in the notice of rulemaking.

 

Source.  #9043-A, eff 11-29-07; ss by #12123, eff 3-2-17

 

          Mvi 210.07  Copies of Recordings.

 

          (a)  All rulemaking hearings shall be recorded.

 

          (b)  A copy of the digital record shall be provided upon request and upon providing the required number of CD(s) upon which the record is copied and a $25 fee.

 

          (c)  All requests for a copy of the recording shall be made by submitting a written request to:

 

Motor Vehicle Industry Board

Department of Safety

33 Hazen Drive

Concord, NH  03305

 

          (d)  Recordings of proceedings shall be preserved for no less than 75 days from the conclusion of the hearing date.

 

Source.  #9043-A, eff 11-29-07; ss by #12123, eff 3-2-17

 

PART Mvi 211  DECLARATORY RULING

 

          Mvi 211.01  Submitting Request for Declaratory Ruling.

 

          (a)  Individuals petitioning for a declaratory ruling, as defined by RSA 541-A:1,V, shall submit the following information to the board in writing:

 

(1)  The specific statute, rule, or order whose applicability is being questioned;

 

(2)  The interest of the petitioner;

 

(3)  The activity in question; and

 

(4)  The name, address, and phone number of the petitioner.

 

          (b)  Any petition which does not include the information in (a) above shall be inadequate.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

          Mvi 211.02  Disposition of Petition.

 

          (a)  The board shall act on the petition as follows:

 

(1)  Issue a written declaratory ruling within 30 days of the meeting at which the petition was considered; or

 

(2)  Reject the declaratory ruling petition if it is inadequate or beyond the scope of the of the board’s authority as specified in RSA 357-C.

 

Source.  #6980, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07

 

PART Mvi 212  EXPLANATION OF RULE

 

          Mvi 212.01  Request for Rule Explanation.

 

          (a)  Within 30 days after the adoption of a rule, any interested person may request the board to issue a statement explaining the following:

 

(1)  The principle reason(s) for and against the adoption of a rule in its final form; or

 

(2)  Reasons why the board overruled arguments and considerations relative to the rule.

 

          (b)  Rule explanation requests shall be received and disposed of in the following manner:

 

(1)  Requests shall be submitted to the board at:

 

Motor Vehicle Industry Board

Department of Safety

33 Hazen Drive

Concord, NH  03305

 

(2)  When a request for rule explanation has been received by the board, the board shall issue a statement responsive to the request within 60 days.  The statement shall provide the information required by (a) above.

 

Source.  #9043-B eff 11-29-07; ss by #12123, eff 3-2-17

 

APPENDIX

 

RULE

STATUTE

 

 

Mvi 201.01

RSA 541-A:7

Mvi 201.02

RSA 541-A:16, I(b)

Mvi 202

RSA 541-A:7

Mvi 203

RSA 357-C:12

Mvi 204.01 – 204.03

RSA 541-A:16, II(b)(2)

Mvi 204.04

RSA 91-A:2

Mvi 204.05 – 204.09

RSA 541-A:16, II(b)(2)

Mvi 205.01

RSA 357-C:12, II(a); 541-A:16, I(b)(2)

Mvi 205.02

RSA 357-C:12, VIII(b)

Mvi 206 -208.16

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

Mvi 208.17

RSA 357-C:12, II(b) and VI

Mvi 208.18

RSA 375-C:12, VII

Mvi 209.01

RSA 357-C:3

Mvi 209.02

RSA 357-C:4

Mvi 209.03

RSA 357-C:5

Mvi 209.04

RSA 357-C:6

Mvi 209.05

RSA 357-C:7

Mvi 209.06

RSA 357-C:8

Mvi 209.07

RSA 357-C:9

Mvi 209.08

RSA 357-C:10

Mvi 209.09

RSA 357-C:11

Mvi 210

RSA 541-A:16, I(c)

Mvi 211

RSA 541-A:16, I(d)

Mvi 212

RSA 541-A:11, VII