CHAPTER Nuh 100  ORGANIZATION RULES

 

PART Nuh 101  PURPOSE AND SCOPE

 

Nuh 101.01  Purpose and Scope.  The rules of this title implement the statutory responsibilities of the New Hampshire board of examiners of nursing home administrators under RSA 151-A which include, but are not limited to:

 

(a)  Examination and licensing of nursing home administrators.

 

(b)  Oversight and discipline of licensees.

 

(c)  Development of ethical and other professional standards to be followed by licensees.

 

(d)  Development of continuing professional education requirements and other prerequisites for the renewal or reinstatement of licenses.

 

(e)  Study and preservation of information concerning nursing home administrators.

 

(f)  Identification and prevention of the unauthorized practice of nursing home administration.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7592, eff 11-16-01

 

PART Nuh 102  DEFINITIONS

 

Nuh 102.01  "Administrator-In-Training (AIT)" means an individual who is in an internship, not to exceed 12 months, for the purpose of being exposed to all areas of nursing home administration as outlined in the AIT internship evaluation checklist.

 

Source.  #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7592, eff 11-16-01

 

Nuh 102.02  "Board" means the board of examiners of nursing home administrators of the state of New Hampshire.

 

Source.  #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7592, eff 11-16-01

 

Nuh 102.03  "Nursing home administrator" means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not his functions and duties are shared with one or more other individuals.

 

Source.  #7592, eff 11-16-01

 

Nuh 102.04  "Nursing home" means any institution or facility, whether proprietary or non-proprietary, defined as a nursing home for licensing purposes pursuant to RSA 151.

 

Source.  #7592, eff 11-16-01

 

Nuh 102.05  "Secretary" means the secretary of the board of examiners of nursing home administrators of the state of New Hampshire.

 

Source.  #7592, eff 11-16-01

 

Nuh 102.06  "Preceptor" means a licensed nursing home administrator, in good standing, with a minimum of 5 years experience who supervises administrators in training.

 

Source.  #7592, eff 11-16-01

 

PART Nuh 103  AGENCY ORGANIZATION

 

Nuh 103.01  Composition of the Board.  The board consists of 9 members who meet the eligibility requirements of RSA 151-A:3.  The board is made up of 4 licensed nursing home administrators, 4 members selected from other professions and institutions concerned with the care of chronically ill and infirm aged patients and one member who is a representative of the general public with no direct financial interest in any nursing home.

 

Source.  #7592, eff 11-16-01

 

Nuh 103.02  Office Hours, Office Location, Mailing Address and Telephone.

 

(a)  The board's offices shall be located at:

 

Philbrook Building

121 South Fruit Street

Concord, New Hampshire 03301.

 

(b)  The board's office shall be open to the public Monday through Friday, excluding holidays, from 8:00 a.m. to 4:00 p.m.

 

(c)  Correspondence shall be addressed to the board's administrative assistant at the location stated in Nuh 103.02(a).

 

(d)  The board's telephone number shall be (603) 271-4728.

 

Source.  #7592, eff 11-16-01

 

PART Nuh 104  PUBLIC INFORMATION

 

Nuh 104.01  Record of Official Actions.  Minutes shall be kept of all board meetings and all official actions taken by the board.  These minutes shall record those members who participate in each vote and shall separately record the position of any members who choose to dissent, abstain, or concur.  Board minutes of actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be governmental records and shall be available for inspection during the board's ordinary office hours within 5 days from the close of the meeting or vote in question.

 

Source.  #7592, eff 11-16-01, EXPIRED: 7-1-09

 

New.  #12435, eff 12-16-17

 

Nuh 104.02  Custodian of Records.  The office of professional licensure and certification shall be the custodian of the board’s records and shall respond to requests to examine those portions of the board's records which are subject to public inspection or which may otherwise be properly examined by the person requesting access.

 

Source.  #7592, eff 11-16-01, EXPIRED: 7-1-09

 

New.  #12435, eff 12-16-17

 

Nuh 104.03  Copies of Records.  Persons desiring copies of board records shall submit a request in writing which identifies as particularly as possible the information being sought and which agrees to pay the actual cost of copying.  If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

 

Source.  #7592, eff 11-16-01

 

PART Nuh 105  MEETINGS, DELIBERATIONS AND DECISIONS

 

Nuh 105.01  Meetings.  The board shall meet 2 or more times per year and schedule such additional meetings as business requires.

 

Source.  #7592, eff 11-16-01

 

Nuh 105.02  Necessary Quorum.  A quorum shall be required to hold a meeting, conduct a hearing or receive information of any kind and final decisions shall be made only by the affirmative vote of a majority of the board members eligible to participate in the matter in question.

 

Source.  #7592, eff 11-16-01

 

CHAPTER Nuh 200  PRACTICE AND PROCEDURE

 

PART Nuh 201  PURPOSE AND SCOPE

 

Nuh 201.01  Purpose and Scope.  The board conducts proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications and complaints filed against licensees.  These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7719-A, eff 6-25-02

 

PART Nuh 202  DEFINITIONS

 

Nuh 202.01  Definitions.

 

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

 

(b)  “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

 

(c)  “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

 

(d)  “Natural person” means a human being.

 

(e)  “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or board named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”

 

(f)  “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a board.”

 

(g)  “Presiding officer” means presiding officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the board has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the board.”

 

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

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7719-A, eff 6-25-02

 

PART Nuh 203  PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

 

Nuh 203.01  Presiding Officer; Appointment; Authority.

 

(a)  All hearings shall be conducted for the board by a natural person appointed by the board 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 acceptable to all parties;

 

(3)  Administer oaths and affirmations;

 

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

 

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

 

(6)  Question any person who testifies;

 

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

 

(8)  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.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7719-A, eff 6-25-02

 

Nuh 203.02  Withdrawal of Presiding Officer.

 

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

 

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

 

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

 

(2)  Has made any statement 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.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #5524, eff 12-8-92; (a), (c), and (d) EXPIRED: 2-13-98; (b) EXPIRED: 12-8-98

 

New.  #7719-A, eff 6-25-02

 

Nuh 203.03  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 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.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7719-A, eff 6-25-02

 

PART Nuh 204  FILING, FORMAT AND  DELIVERY OF DOCUMENTS

 

Nuh 204.01  Date of Issuance or Filing.  All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7719-A, eff 6-25-02

 

Nuh  204.02  Format of Documents.

 

(a)  All correspondence, pleadings, motions or other documents filed under these rules shall:

 

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

 

(2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

 

(3)  Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

 

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

 

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

 

(1)  The signer has read the document;

 

(2)  The signer is authorized to file it;

 

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

 

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

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7719-A, eff 6-25-02

 

Nuh 204.03  Delivery of Documents.

 

          (a)  Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered  by that party to all other parties or, if represented, to the representative to the proceeding.

 

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

 

(c)  Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party.

 

(d)  When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 205  TIME PERIODS

 

Nuh 205.01  Computation of Time.

 

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

 

(b)  Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion and shall include the last day of the period so computed.

 

(c)  If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 206  MOTIONS AND PLEADINGS

 

Nuh 206.01  Motions; Objections.

 

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

 

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

 

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

 

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

 

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

 

Source.  #7719-A, eff 6-25-02

 

Nuh 206.02  Pleadings.

 

(a)  The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions.  Applications shall not be considered pleadings.

 

(b)  All 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 that caused the petitioner to request the board to act;

 

(4)  The action that the petitioner wishes the board to take; and

 

(5)  The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

 

(c)  Board replies to petitions shall contain:

 

(1)  The name and address of the petitioner;

 

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

 

(3)  A statement addressing each fact alleged in the petition;

 

(4)  A statement addressing the authority identified by the petitioner;

 

(5)  A concise response to each statement;

 

(6)  The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

 

(7)  The action the board took.

 

(d)  Replies shall be filed within 90 days from the date of the petition.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 207  NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

 

Nuh 207.01  Commencement of Hearing.  A hearing shall be commenced by an order of the board giving notice to the parties at least 30 days prior to the hearing as required by Nuh 207.03.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 207.02  Docket Numbers.  A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 207.03  Notice of Hearing.

 

(a)  A notice of a hearing issued by the board at least 30 days prior to the hearing shall contain the information required by RSA 541-A:31, III, namely:

 

(1)  A statement of the time, place and nature of any hearing;

 

(2)  A statement of the legal authority under which a hearing is to be held;

 

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

 

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

 

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

 

(6)  A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 207.04  Appearances and Representation.

 

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

 

(1)  A brief description of the proposed representative's professional and character qualifications;

 

(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.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 207.05  Prehearing Conference.  Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider:

 

(a)  Offers of settlement;

 

(b)  Simplification of the issues;

 

(c)  Stipulations or admissions as to issues of fact or proof by consent of the parties;

 

(d)  Limitations on the number of witnesses;

 

(e)  Changes to standard procedures desired during the hearing by consent of the parties;

 

(f)  Consolidation of examination of witnesses; and

 

(g)  Any other matters which aid in the disposition of the proceeding.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 208  ROLES OF BOARD STAFF AND COMPLAINANTS

 

Nuh 208.01  Role of Board Staff in Enforcement or Disciplinary Hearings.  Unless called as witnesses, board staff shall have no role in any enforcement or disciplinary hearing.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 208.02  Role of Complainants in Enforcement or Disciplinary Hearings.  Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 209  INTERVENTION

 

Nuh 209.01  Intervention.

 

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

 

(b)  If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

 

(c)  Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the petition for intervention.

 

(d)  Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

 

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

 

(2)  Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

 

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

 

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

 

(e)  Petitions for intervention shall be granted if the petitioner has an interest in the proceeding and has clearly stated this interest.

 

(f)  A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

 

(g)  Once granted leave to intervene, intervenors shall take the proceedings as they find them and no portion of any proceeding shall be repeated because of the fact of intervention.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 210  POSTPONEMENT REQUESTS, CONTINUANCES AND FAILURE TO ATTEND HEARING

 

Nuh 210.01  Postponements.

 

(a)  Any party or intervenor to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

 

(b)  If a postponement is requested by a party or intervenor to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated.  Good cause shall include the unavailability of parties, intervenors, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties and intervenors have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

 

(c)  If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record.  If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 210.02  Failure to Attend Hearing.  If any party or intervenor to whom notice has been given in accordance with Nuh 207.03 fails to attend a hearing, the presiding officer shall declare that party or intervenor to be in default and shall either:

 

(a)  Dismiss the case, if the party or intervenor with the burden of proof fails to appear; or

 

(b)  Hear the testimony and receive the evidence offered by a party or intervenor, if that party or intevenor has the burden of proof in the case.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 211  REQUESTS FOR INFORMATION OR DOCUMENTS

 

Nuh 211.01  Voluntary Production of Information.

 

(a)  In response to requests for the voluntary production of information or documents relevant to the hearing, each party shall respond in good faith and as soon as is practicable.

 

(b)  When a dispute between parties, intervenors, or both arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion to compel the production of the requested information under Nuh 211.02.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 211.02  Motions to Compel Production of Information.

 

(a)  Any party or intervenor may make a motion requesting that the presiding officer order the parties and intervenors to comply with information requests.  The motion shall be filed at least 15 days before the date scheduled for the hearing.

 

(b)  The moving party or intervenor’s motion shall:

 

(1)  Set forth in detail those factors which it believes justify its request for information; and

 

(2)  List with specificity the information it is seeking to discover.

 

(c)  When a party or intervenor has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 211.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.  At least 5 days before the hearing the parties and intervenors shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 212  RECORD, PROOF, EVIDENCE AND DECISIONS

 

Nuh 212.01  Record of the Hearing.

 

(a)  The board shall record the hearing by tape recording or other method that will provide a verbatim record, except that a proceeding on emergency action shall be governed by RSA 541-A:30, III.

 

(b)  If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requestor.

 

(c)  At the request of a party or intervenor to any proceeding involving disciplinary action, the record of the proceeding shall be made by a certified shorthand court reporter provided by the board at the requesting party or intervenor’s expense.  A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 212.02  Standard and Burden of Proof.  The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 212.03  Testimony; Order of Proceeding.

 

(a)  Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding.  If the person is representing another person, the person being represented shall also be identified.

 

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

 

(1)  The party, parties or intervenor bearing the burden of proof and such witnesses as the party may call;

 

(2)  The party, parties or intervenor opposing the party who bears the overall burden of proof and such witnesses as the party or intervenor may call.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 212.04  Evidence.

 

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

 

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

 

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

 

(d)  Transcripts of testimony and documents or other materials, admitted into evidence shall be public records pursuant to RSA 91-A:5.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 212.05  Proposed Findings of Fact and Conclusions of Law.

 

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

 

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

 

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

 

Source.  #7719-A, eff 6-25-02

 

Nuh 212.06  Closing the Record.

 

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

 

(b)  Before the conclusion of the hearing, a party or intervenor may request that the record be left open to allow the filing of specified evidence not available at the hearing.  If the other parties or intervenors to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party or intervenor to file the evidence.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 212.07  Reopening the Record.  At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party or intervenor, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary for a full and fair consideration of the issues to be decided.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 212.08  Decisions.

 

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

 

(b)  If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the members of the board who are to render a final decision and the matter's disposition does not depend on the credibility of any witness, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

 

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

 

(d)  A proposal for decision shall become a final decision upon its approval by the board.

 

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

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 213  MOTION FOR REHEARING

 

Nuh 213.01  An adjudicatory order of the board shall not be final until the date it is served upon the parties and intervenors pursuant to Nuh 204.03.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 213.02  Motions for reconsideration after a board hearing shall be allowed pursuant to RSA 541:3.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 213.03  Filing and Content of Motion.

 

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

 

(b)  A motion for rehearing shall:

 

(1)  Identify each error of fact, error of reasoning, or error of law which the moving party or intervenor wishes to have reconsidered;

 

(2)  Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary, unreasonable or capricious.

 

(3)  State concisely the factual findings, reasoning or legal conclusion proposed by the moving party or intervenor; and

 

(4)  Include any argument or memorandum of law the moving party or intervenor wishes to file.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 213.04  Standard for Granting Motion for Rehearing.  A motion for rehearing shall be granted if it demonstrates that the board's decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion, or arbitrary, unreasonable or capricious.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 213.05  Decision on Motion for Rehearing.  The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 214  RULEMAKING HEARINGS

 

Nuh 214.01  Purpose.  The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 214.02  Scope.

 

(a)  These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.

 

(b)  If any requirement set by these rules conflicts with an applicable statute such other authority shall control.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 214.03  Notice.

 

(a)  A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.

 

(b)  Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

 

(c)  Nothing in these rules shall prohibit the board from giving greater notice than the minimums set out in this part.

 

Source.  #7719-A, eff 6-25-02

 

          Nuh 214.04  Media Access.

 

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

 

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

 

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

 

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

 

Source.  #7719-A, eff 6-25-02; amd  by #12435, eff 12-16-17

 

Nuh 214.05  Moderator.

 

(a)  The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

 

(b)  The moderator shall:

 

(1)  Call the hearing to order;

 

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

 

(3)  Place limits on the media to avoid disruption as set out in Nuh 214.04(b);

 

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

 

(5) Limit the time for each speaker, as set out in Nuh 214.06(b);

 

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

 

(7)  Adjourn the hearing; and

 

(8)  Provide opportunity for the submission of written comments.

 

Source.  #7719-A, eff 6-25-02

 

Nuh 214.06  Public Participation.

 

(a)  Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard and the availability of the facility.

 

(b)  The board, through the moderator, shall:

 

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

 

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

 

(3)  Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

 

(4)  Revoke recognition of a speaker who refuses to keep his comments relevant to the issue or issues which are the subject of the hearing.

 

(c)  Written comments may be submitted any time from the time notice has been published until the record has been closed, which shall not be less than 7 calendar days after the hearing.

 

(d)  In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to applicable provisions in RSA 541-A to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 215  PETITIONS FOR RULEMAKING

 

Nuh 215.01  Petition for Rulemaking.

 

(a)  Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:

 

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

 

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

 

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

 

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

 

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

 

Source.  #7719-A, eff 6-25-02

 

Nuh 215.02  Disposition of Petition.

 

(a)  The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4.  The board shall request additional data or argument from the petitioner or other interested persons to clarify the argument.

 

(b)  If the data or argument fails to support the petition, the board shall state the reason therefore in the order.

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 216  DECLARATORY RULINGS

 

Nuh 216.01  Petitions.

 

(a)  Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Nuh 206.02(b).

 

(b)  A petition for declaratory ruling shall also set forth the following information:

 

(1)  The exact ruling being requested; and

 

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

 

Source.  #7719-A, eff 6-25-02

 

Nuh 216.02  Action on Petitions.

 

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

 

(b)  Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Nuh 206.02(d).

 

Source.  #7719-A, eff 6-25-02

 

PART Nuh 217  EXPLANATION AFTER ADOPTION

 

          Nuh 217.01  Explanation after Adoption.

 

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

 

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

 

Source.  #7719-B, eff 6-25-02, ss by #9830-A, eff 12-10-10; ss by #12623, eff 9-25-18

 

CHAPTER Nuh 300  APPLICATION PROCEDURE

 

PART Nuh 301  APPLICATION

 

          Nuh 301.01  Application Required.

 

          (a)  A person desiring to practice as a nursing home administrator within the state of New Hampshire shall make application to the board upon official forms furnished by the board, including the information specified in (b) below.  The filing of an application shall not constitute temporary licensing to practice as a nursing home administrator in this state.

 

          (b)  The applicant for licensure as a nursing home administrator shall provide the following on or with the “Application for a License as a Nursing Home Administrator” form:

 

(1)  Applicant's name, including any names previously used, residence address, business name and address, residence and business telephone numbers, age, birthplace, and date of birth;

 

(2)  Applicant’s social security number, pursuant to RSA 161-B:11, VI-a;

 

(3)  Applicant’s legal right to work status in accordance with Nuh 302.03;

 

(4) A certified copy of National Association of Long Term Care Administrator Boards or professional examination service examination scores;

 

(5)  A completed “Administrator-In-Training Internship Evaluation Checklist” form, effective September 2018;

 

(6)  A completed “Core of Knowledge Checklist” form, effective September 2018, which lists the course work in compliance with Nuh 301.02;

 

(7)  Whether or not the applicant is licensed to practice as a nursing home administrator in any other state(s), and if yes, the state(s) and license number(s);

 

(8)  Whether or not the applicant has ever been refused a license by any examining board, and if yes, details of such refusal;

 

(9)  Whether or not the applicant has ever had a license revoked or suspended, or been placed on probation by any state board, and if yes, the details of such disciplinary action;

 

(10)  Whether or not the applicant has been convicted of a crime, fraud, neglect, or abuse that has not been annulled by a court, other than a traffic violation, and if yes, the type of violation;

 

(11)  Name(s) and addresses of college(s) attended, year(s) of attendance, degree(s) earned by applicant, and certified copies of diploma(s) and official transcript(s);

 

(12) Applicant’s employment record, including name of employer, title, employer address, specific duties, reason for leaving, total years employed, and dates employed;

 

(13) Three original letters of recommendation, 2 professional references and one personal reference, each written within the past 12 months;

 

(14)  A “State License Clearance” form, effective September 2018, with completed personal information;

 

(15)  A photograph of the applicant; and

 

(16)  The applicant’s dated signature below the following certification:

 

I certify that there are no willful misrepresentations in and falsifications of the above statements and answers to questions. I understand that inquiry may be made of my employers, my sources of education, and of all references given about my character, qualifications, and record of employment, and if such an investigation should disclose misrepresentations and falsifications, my application will be rejected, and should I be licensed as a result of such statements, my license may be revoked.

 

          (c)  The applicant shall include the application fee specified in Nuh 307.01 which shall be cash, a check, money order or bank draft, made payable to Treasurer, State of New Hampshire.

 

          (d)  Every applicant for initial permanent licensure shall submit to the board a notarized criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #6466, eff 2-28-97; (a)-(c) EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, para (a); amd by #9830-B, eff 12-10-10, paras (b)-(d); ss by #12690, eff 12-19-18

 

          Nuh 301.02  Educational Requirements.

 

          (a)  The candidate shall hold a bachelor's degree from an accredited college or university.

 

          (b)  The applicant shall have satisfactorily completed the core of knowledge checklist which includes completion of a minimum of 15 semester credits from an accredited college or university in course work in the following core areas:

 

(1)  Applicable standards of environmental health and safety;

 

(2)  Local health and safety regulations;

 

(3)  General administration;

 

(4)  Psychology of patient care;

 

(5)  Principles of medical care;

 

(6)  Personal and social care;

 

(7)  Therapeutic and supportive care and services in long term care;

 

(8)  Departmental organization and management; and

 

(9)  Community interrelationships.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10; ss by #12690, eff 12-19-18

 

          Nuh 301.03  Evidence of Experience.  The candidate shall submit certified documentation of satisfactory completion of one year of experience as administrator-in-training (AIT) in a nursing home of at least 50 beds or equivalent experience as described in Nuh 306.01.

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

 

          Nuh 301.04  Filing Deadlines.

 

          (a)  Within 12 months of the filing of the application form, the candidate shall submit the required supporting documents as described in Nuh 301.01 or he or she shall be terminated as a candidate, and so notified, by the board by certified mail unless an extension of time was granted by the board prior to the expiration of the one year period.

 

          (b)  An extension of time shall be granted by the board upon a written request from the candidate with documentation that clearly demonstrates that the candidate is actually pursuing the completion of the licensing requirements.

 

          (c)  Only one such extension shall be granted by the board, and in no instance shall such extension be for more than one additional year.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

 

PART Nuh 302  QUALIFICATIONS

 

          Nuh 302.01  Unqualified Applicants.  If the applicant has not met the qualifications and requirements of RSA 151-A and these rules, the board shall notify the applicant.  The board shall not process an application for the state or the National Association of Long Term Care Administrator Boards or professional examination service examinations until such qualifications and requirements have been met.

 

Source.  #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

 

          Nuh 302.02  Professional Character of Applicant.  Upon investigation of the applicant, if it is alleged a substance abuse problem or conviction of a felony exist, the board shall conduct an inquiry pursuant to Chapter Nuh 200 into the allegation for possible denial of license.  The applicant shall be informed of said inquiry.  If the board determines that the applicant has a substance abuse problem or a felony record, the board shall deny the license.

 

Source.  #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

 

          Nuh 302.03  Documentation of Legal Right to Work.

 

          (a)  Proof of the legal right to work in the United States shall be required.

 

          (b)  The applicant shall provide one of the following:

 

(1)  A certified copy of birth certificate;

 

(2)  A copy of a certificate of naturalization;

 

(3)  A copy of a legal permanent resident card; or

 

(4)  A copy of a valid United States passport.

 

Source.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

 

PART Nuh 303  EXAMINATIONS

 

          Nuh 303.01  Examinations.

 

          (a)  Examination of candidates for licensure in New Hampshire shall be by National Association of Long Term Care Administrator Boards or professional examination service.  Candidates for licensure shall also be required to pass an examination on New Hampshire Law RSA 151, RSA 151-A, Ph 705, Ph 706, Ph 707, HeP 803, and Chapters Nuh 100-500.

 

          (b)  The acceptable National Association of Long Term Care Administrator Boards or professional examination service passing exam grade shall be as set by the National Association of Long Term Care Administrator Boards or professional examination service.

 

          (c)  A score of 75 percent correct answers on the specific state part of the examination shall be the minimum passing score accepted by the board.

 

          (d)  Each candidate taking an examination shall certify that he or she has neither received nor given aid during the examination.

 

          (e)  Results of examinations shall be forwarded in writing to each applicant after completion of the exam.

 

          (f)  If a candidate fails to pass the state or the National Association of Long Term Care Administrator Boards or professional examination service examination, the candidate shall be notified in writing of the privilege of re-examination.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

 

PART Nuh 304  RECIPROCITY

 

          Nuh 304.01  Intent.  The board shall grant reciprocity as outlined in Nuh 304.02.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 304.02  Procedures.

 

          (a)  A nursing home administrator holding a valid license as a nursing home administrator issued by a state board of examiners shall be eligible for licensure in New Hampshire upon payment of the initial application fee specified in Nuh 307.01 together with the filing of the application form and supporting documents, provided that the applicant successfully passes the examination as described in Nuh 303.01.

 

          (b)  The board shall compare the standards of the state issuing the original license at the time of the issuance of the original license with the standards in effect in New Hampshire at the same time. 

 

          (c)  The board shall grant licensure by reciprocity if:

 

(1)  The other state’s standards are equal to or higher than this state’s requirements; and

 

(2)  The other state gives similar recognition and endorsement to nursing home administrator licenses of this state.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #5524, eff 12-8-92; (b) and (c) EXPIRED: 2-13-98; (a) EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830 -A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 304.03  Documentation Required.

 

          (a)  To be eligible for license under reciprocity, any nursing home administrator licensed by another state shall submit to the board the following:

 

(1)  A completed application form as described in Nuh 301.01;

 

(2)  A certified copy of a current license issued by another state;

 

(3)  Documentation of scores from the National Association of Long Term Care Administrator Boards or professional examination service examination for nursing home administrators;

 

(4)  Certified transcripts of all post high school courses taken and degrees secured;

 

(5)  Documentation of one year's related work experience as an administrator;

 

(6)  Three original letters of reference, each written within the last 12 months, from unrelated persons who can attest to the applicant's moral and professional character; and

 

(7)  Documentation of legal right to work in the United States pursuant to Nuh 302.03.

 

(b)  The reference letters in (a)(6) above shall:

 

(1)  Be from 2 professional and one personal reference;

 

(2)  State in what context or capacity the individual has known the applicant; and

 

(3)  State that the individual has known the applicant for at least one year.

 

          (c)  Upon the filing of the required documents for application for license under reciprocity, the board shall review the documents submitted and make a determination whether the documents meet the requirements for licensing under this part.

 

          (d)  The board shall require a candidate to appear in person if there should be any question of the candidate’s credentials.

 

          (e)  If the board determines that the documents submitted meet the requirements for licensing under reciprocity, the executive secretary of the board shall notify the applicant and advise him of the date of the next scheduled examination.

 

          (f)  If the applicant for reciprocity fails to meet the requirements for reciprocity, the applicant shall be required to meet the requirements of Nuh 301 to obtain licensure.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, paras (c)-(f); #9830-B, eff 12-10-10, paras (a)-(b); paras (c)-(f) EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

 

          Nuh 304.04  Temporary Permit to Work as an Administrator.

 

          (a)  Upon demonstration of an urgent need, included but not limited to a facility’s need for a licensed administrator, any candidate for licensure under Nuh 304 who meets all requirements as outlined in that section, and needs only to sit for the state examination, shall be provided with a temporary permit to work as an administrator in a nursing home within the state of New Hampshire.

 

          (b)  This temporary permit shall only be valid for a period of 6 months and shall not be renewable or reissued to the same candidate.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

PART Nuh 305  EMERGENCY PERMIT FOR ACTING ADMINISTRATOR

 

          Nuh 305.01  Intent.  This part shall not affect or abrogate the requirement that a nursing home, pursuant to RSA 151-A:2, shall have a full-time licensed administrator to operate.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 305.02  Emergency Permit for Acting Administrator.  The board shall authorize an emergency permit for a non-licensed person to serve as acting administrator for a maximum period of 6 months, pursuant to RSA 151-A:7, II and Nuh 305.03.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 305.03  Petition.

 

          (a)  The facility applying for the emergency permit shall petition the board in writing stating the specific circumstance surrounding the need for the emergency permit.

 

          (b)  The facility shall provide the following information regarding the proposed acting administrator:

 

(1)  the proposed administrator’s name, address, age, birthplace, and date of birth;

 

(2)  Where the proposed administrator has resided the past 5 years;

 

(3)  Whether or not the proposed administrator has ever been refused a license by any examining board;

 

(4) Whether or not the proposed administrator has ever had a license revoked or suspended, or been placed on probation by any state board;

 

(5)  Whether or not the proposed administrator has ever been arrested for or convicted of a crime, fraud, neglect or abuse that has not been annulled by a court, other than a traffic violation; and

 

(6)  Whether or not the proposed administrator has any other professional licenses and if so, verification that such licenses are in good standing.

 

          (c)  An emergency permit shall be granted unless the applicant answers affirmatively to (b)(3), (4), or (5) above.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 305.04  Emergency Permit Non-renewable.  Any emergency permit issued under this part shall be valid for a period of 6 months and shall not be renewed.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 305.05  Supervision.

 

          (a)  The acting administrator shall be supervised by a licensed administrator.

 

          (b)  Any licensed administrator about to become a supervisor of an acting administrator shall notify the board of his or her intent.

 

          (c)  No licensed administrator shall be permitted to supervise more than one acting administrator at a time.

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; rsvd by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

PART Nuh 306  CANDIDATE FOR EQUIVALENCY OF EXPERIENCE

 

          Nuh 306.01  Equivalent Experience.

 

          (a)  The purpose of this section is to allow persons to seek a waiver of Nuh 301.03 by establishing equivalency of experience.

 

          (b)  An application by a candidate for equivalency of experience shall be made in writing, and shall set out fully the alternative experience acquired which the candidate seeks to have valued as equivalent to the AIT requirements specified in Nuh 301.03.

 

          (c)  The board shall review the candidates application for equivalency and shall consider the proposed program in light of the area and depth of experience acquired and its comparison to the AIT requirement as specified in Nuh 301.03.

 

          (d)  Pursuant to RSA 151-A:5, II if the applicant demonstrates the program has provided the same basic experience and training as the AIT requirement, as specified in Nuh 301.03, the board shall grant an equivalency in whole or parts thereof.

 

          (e)  The board shall notify that applicant in writing of its determination.

 

          (f)  Candidates aggrieved by the decision of the board may petition the board in writing for a hearing pursuant to Nuh 200.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

PART Nuh 307  FEES

 

         Nuh 307.01  Board Fees.  The fees as set by the board under RSA 151-A:4-a, II shall be as set forth in Table 307-1 License Fees below:

 

Table 307-1 License Fees

 

Type

Fee

Application Fee

$300.00

Reinstatement application

$300.00

Biannual Renewal Fee

$300.00

Emergency Permit

$300.00

Temporary Permit, including application fee

$300.00

Verification of license

$  20.00

Certificate Replacement

$  25.00

Replacement of Pocketcard

$  10.00

 

Source.  #7663, eff 3-19-02; ss by #7903, eff 6-19-03; ss by #8956, eff 7-26-07, EXPIRED: 7-26-15

 

New.  #12436, eff 12-16-17

 

CHAPTER Nuh 400  CONTINUED STATUS

 

PART Nuh 401  REGISTRATION AND RENEWAL

 

         Nuh 401.01  Renewal of Registration.

 

         (a)  Before the end of the 2 year registration period, each licensee shall apply to the board for a new certificate of registration.

 

         (b)  Such renewal application shall consist of:

 

(1)  A completed renewal form provided for such purpose by the board as specified in Nuh 401.02;

 

(2) Attested documentation of the completion of a minimum of 40 clock hours of continuing education in subjects related to nursing home administration in the 2 years which immediately precede the application for renewal of license;

 

(3) If licensed consecutively in New Hampshire for the last 15 years, shall submit attested documentation of completion of a minimum of 30 clock hours of continuing education in subjects related to nursing home administration earned in the 2 years which immediately precede the application for renewal of license; and

 

(4)  The fee as specified in Nuh 307.01.

 

(c)  Upon satisfying the requirements for renewal, the applicant shall be issued a new registration for a 2 year period.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #5524, eff 12-8-92; (b)(1) and (c) EXPIRED: 2-13-98; (a), (b) intro., and (b)(2) EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02; amd by #8956, eff 7-26-07; paras (a) and (c) EXPIRED: 3-19-10; para (b) EXPIRED: 7-26-15

 

New.  #12436, eff 12-16-17

 

         Nuh 401.02  Renewal Application.  As part of the renewal process, applicants shall submit a completed “Renewal Application” form, effective November 2017 and provided by the board.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-B, eff 12-10-10; ss by #12436, eff 12-16-17

 

          Nuh 401.03  Reinstatement Where License Has Expired.  In the event that a license is ineligible for renewal by reason of lack of continuing education unit (CEU) requirement, error, or non-payment of the renewal fee, the nursing home administrator whose license has expired shall be reinstated upon filing the “Reinstatement Application” form, submitting 3 letters of reference, as specified in Nuh 304.03(a)(6), and any state verifications where the applicant holds an active license stating that the applicants license is current and in good standing.  If upon review of said materials the nursing home administrator is in good standing with such organizations and otherwise meets the requirements for licensure, the board shall reinstate the said nursing home administrator upon payment of applicable fees for reinstatement.

 

Source.  #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 401.04  Reinstatement Application.  The applicant for reinstatement shall complete and submit an “Application for Reinstatement” form, effective September 2018, along with the following additional documentation:

 

          (a)  Proof of 40 CEU clock hours earned in programs approved pursuant to Nur 402.03;

 

          (b)  A current passport sized photograph; and

 

          (c)  The applicant’s dated signature below the following attestation:

 

“I certify that there are no willful misrepresentations in and falsifications of the above statements and answers to questions. I understand that inquiry may be made of my employers and of all references given about my character, qualifications, and record of employment, and if such an investigation should disclose misrepresentations and falsifications, my application will be rejected, and should I be licensed as a result of such statements, my license may be revoked.”

 

Source.  #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED:  3-19-10

 

New.  #9830-B, eff 12-10-10; ss by #12690, eff 12-19-18

 

PART Nuh 402  DISCIPLINARY MATTERS

 

          Nuh 402.01  Initiation of Disciplinary Action.  The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, when warranted, in response to information which reasonably suggests that a licensee has engaged in professional misconduct.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 402.02  Disciplinary Sanctions.

 

          (a)  Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

 

(1)  After prior notice and an opportunity to be heard; or

 

(2)  Pursuant to a mutually agreed upon settlement or consent decree.

 

          (b)  When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

 

          (c) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 151-A:11 after considering the presence of aggravating or mitigating circumstances.

 

          (d)  The following shall be considered aggravating circumstances:

 

(1)  The seriousness of the offense;

 

(2)  The licensee’s prior disciplinary record;

 

(3)  The licensee’s state of mind at the time of the offense;

 

(4)  The licensee’s lack of willingness to cooperate with the board; and

 

(5)  The potential harm to public health and safety.

 

          (e)  The following shall be considered mitigating circumstances:

 

(1)  The absence of a prior disciplinary record;

 

(2)  The licensee’s state of mind at the time of the offense;

 

(3)  The licensee’s acknowledgement of his or her wrongdoing; and

 

(4)  The licensee’s willingness to cooperate with the board.

 

          (f)  When the board receives information indicating that a licensee has engaged in or is likely to engage in professional conduct which poses an immediate danger to the public welfare, the board shall issue an order pursuant to RSA 541-A:30, III which sets forth the alleged misconduct and immediately suspends the license for up to 10 days pending completion of an adjudicative proceeding on the specified issues.

 

          (g)  Suspension orders under Nuh 402.02(f) shall set forth the procedures to be followed by the licensee in order to avail him or herself of the opportunity to be heard.

 

          (h)  No hearing date established in a proceeding conducted under Nuh 402.02(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)  Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

 

Source.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 402.03  Administrative Fines and Time Limitation for Payment of Administrative Fines.

 

          (a)  When, pursuant to Nuh 402.04, the board imposes an administrative fine for a violation of RSA 151-A or the rules promulgated pursuant thereto, the fine shall be paid within 30 days from the date the order of the board is rendered.

 

          (b)  Criteria for determining the amount of the fine shall be as follows:

 

(1)  The fine shall be increased based upon testimony presented at the hearing establishing the existence of one or more of the following criteria:

 

a.  The willfulness or negligence involved in the violation;

 

b.  The number of previous violations; or

 

c.  Any other unique or especially compelling circumstances clearly stated in the record of the hearing; and

 

(2)  The fine shall be decreased based upon testimony presented at the hearing establishing the existence of one or more of the following criteria:

 

a.  Good faith efforts to comply with the requirements of RSA 151-A and the rules of the board;

 

b.  No previous history of non-compliance; or

 

c.  Any other unique or especially compelling circumstances clearly stated in the record of the hearing.

 

Source.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 402.04  Fine Schedule.

 

          (a)  If an administrator knowingly employs unlicensed persons, the fine shall not exceed $1000.

 

          (b)  If an administrator knowingly conceals violations of RSA 151-A and these rules, the fine shall not exceed $1000.

 

          (c)  If an applicant attempts to procure a license by bribery or fraudulent misrepresentation, the fine shall not exceed $1000.

 

          (d)  If the board has found that an administrator has committed a violation of these rules relating to the practice or ability to practice nursing home administration, the fine shall not exceed $2500.

 

          (e)  If a nursing home administrator participates in fraud or deceit in the practice of nursing home administration, the fine shall not exceed $2500.

 

          (f)  If a nursing home administrator exhibits negligence in the practice of nursing home administration, including acts inconsistent with the health, safety, and welfare of patients, whether or not actual harm comes to those patients, the fine shall not exceed $1000.

 

          (g)  The fine shall not exceed $2500, if a nursing home administrator exhibits misconduct in the practice of nursing home administration including but not limited to:

 

(1)  Abuse or misuse of trust funds;

 

(2)  Medicaid or insurance fraud;

 

(3)  Exploitation of a patient; or

 

(4)  Undue influence of a patient.

 

          (h)  If a nursing home administrator practices on a revoked license, the fine shall be $1000.

 

          (i)  If a nursing home administrator practices on a suspended license, the fine shall be $1000.

 

          (j)  If a nursing home administrator practices on a lapsed license, the fine shall be $100 a month until the license is reinstated.

 

          (k)  The board shall take into consideration the aggravating and mitigating factors outlined in Nur 402.02(c)-(e) to determine the specific amount to fine a nursing home administrator under (a)-(g) above.

 

Source.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

PART Nuh 403  CONTINUING EDUCATION STANDARDS

 

          Nuh 403.01  Evidence of CEUs.  The nursing home administrator shall be required to retain all certificates or other documented evidence of participation in an approved or accredited continuing education program or course for a period of at least 3 years.

 

Source.  #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; rpld by #5326, eff 2-13-92, EXPIRED: 2-13-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

          Nuh 403.02  CEU Forms.  All nursing home administrators shall report CEU programs or courses with a “Continuing Education Form” provided by the board by stating the following:

 

          (a)  The name and home address of the nursing home administrator;

 

          (b)  The home phone number of the nursing home administrator;

 

          (c)  The nursing home administrator’s place of employment, employment address, and work phone number;

 

          (c)  The date, topic, and sponsoring organization of course attended;

 

          (d)  Number of CEU clock hours;

 

          (e)  A copy of the certificate of attendance for each course; and

 

          (f) The applicant’s dated signature attesting that there are no willful misrepresentations in or falsifications of the information provided.

 

Source.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-B, eff, 12-10-10; ss #12690, eff 12-19-18

 

          Nuh 403.03  Approval of Programs.  Approval of continuing education programs shall be based upon the following standards:

 

          (a)  The program shall directly relate to nursing home administration;

 

          (b)  The program shall be sponsored by an accredited college or university, or a recognized state or national professional association or trade association, or both, or shall have received the endorsement of the American College of Health Care Administrators or National Association of Long Term Care Administrator Boards;

 

          (c)  The sponsoring organization shall have furnished to the board appropriate details of the program, including:

 

(1)  Its learning objectives;

 

(2)  Detailed curriculum;

 

(3)  Description of instructional materials;

 

(4)  Bibliographies;

 

(5)  Resumes of instructors and administrators involved;

 

(6)  Evaluation methods;

 

(7)  Credits awarded or clock hours of instruction;

 

(8)  Record keeping of attendance;

 

(9)  Reporting procedures; and

 

(10)  Certifying officer; and

 

          (d)  The program shall be approved if:

 

(1)  The requirements of this section are met; and

 

(2) The information supplied indicates persons attending such program shall have their knowledge of nursing home administration enhanced.

 

Source.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 

CHAPTER Nuh 500  ETHICAL STANDARDS

 

          PART Nuh 501  CODE OF ETHICS

 

          Nuh 501.01  Code of Ethics.  All licensed nursing home administrators shall abide by the following code:

 

          (a)  The administrator shall be an advocate for the total needs, personal, medical, psychological, social, and spiritual, of each individual for whom he or she is responsible;

 

          (b)  The administrator shall strive to participate in his or her community as a health professional to plan with others for the provision of appropriate health care services for all persons;

 

          (c)  The administrator shall continually strive to advance and broaden his or her knowledge and skills as an administrator to the best of his or her ability, by participating in educational and professional activities; and

 

          (d)  The administrator shall offer services which maximize the quality of life for those entrusted to his or her care.

 

Source.  #2922, eff 12-10-84, EXPIRED: 12-10-90

 

New.  #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #5524, eff 12-8-92; Nuh 501.01 intro. and (b)-(e) EXPIRED: 2-13-98; (a) EXPIRED: 12-8-98

 

New.  #7663, eff 3-19-02, EXPIRED: 3-19-10

 

New.  #9830-A, eff 12-10-10, EXPIRED: 12-10-18

 

New.  #12690, eff 12-19-18

 


APPENDIX

 

Rule

Specific State Statute the Rule Implements

 

Nuh 101.01

RSA 541-A:16, I(a), 151-A:2, 151-A:3, 151-A:4

 

Nuh 102.01

RSA 541-A:7, 151-A:5, II

 

Nuh 102.02

RSA 541-A:7

 

Nuh 102.03

RSA 151-A:1, I

 

Nuh 102.04

RSA 151-A:1, III

 

Nuh 102.05

RSA 151-A:1, II

 

Nuh 102.06

RSA 151-A:4-a, 151-A:4, I(a), 541-A:16, I(c)

 

Nuh 103.01

RSA 151-A:3, I

 

Nuh 103.02

RSA 541-A:16, I(a)

 

Nuh 104

RSA 541-A:16, I(a)

 

Nuh 104.01

RSA 541-A:16, I(a) and (b) intro.; RSA 91-A:4

 

Nuh 104.02

RSA 541-A:16, I(a) and (b) intro.

 

Nuh 105

RSA 541-A:16, I(a), 151-A:4

 

 

 

 

 

Nuh 201-213

RSA 151-A:11, RSA 541-A:16, I(b)(2), RSA 151-A:4-a, IV

 

Nuh 214

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

 

Nuh 215

RSA 541-A:16, I(c)

 

Nuh 216

RSA 541-A:16, I(d)

 

Nuh 217

RSA 541-A:11, VII

 

 

 

Nuh 301.01

RSA 151-A:4-a, II and V

 

Nuh 301.02

RSA 151-A:4-a, VI; RSA 151-A:5, I

 

Nuh 301.03

RSA 151-A:4-a, V; RSA 151-A:5, II

 

Nuh 301.04

RSA 151-A:4-a, V

 

Nuh 302.01

RSA 151-A:4-a, V and VI; RSA 151-A:5; RSA 151-A:7, I

 

Nuh 302.02

RSA 151-A:4-a, V; RSA 151-A:11, I(d)

 

Nuh 302.03

RSA 151-A:4-a, V

 

Nuh 303.01

RSA 151-A:4-a, V; RSA 151-A:6

 

Nuh 303.02

RSA 151-A:4-a, V; RSA 151-A:6

 

Nuh 303.03 - 303.05

RSA 151-A:4-a, V; RSA 151-A:6

 

Nuh 304.01 - 304.02

RSA 151-A:4-a, V; RSA 151-A:7, II-a; RSA 151-A:9

 

Nuh 304.03

RSA 151-A:4-a, V and VI; RSA 151-A:7, II-a; RSA 151-A:9

 

Nuh 304.04

RSA 151-A:4-a, V; RSA 151-A:7, II-a; RSA 151-A:9

 

Nuh 304.01 - 304.02

RSA 151-A:4-a, V; RSA 151-A:7, II-a; RSA 151-A:9

 

Nuh 305.01

RSA 151-A:2; RSA 151-A:7, II

 

Nuh 305.02

RSA 151-A:7, II

 

Nuh 305.03 - 305.05

RSA 151-A:4-a, II and V; RSA 151-A:7, II

 

Nuh 306.01

RSA 151-A:4-a, V; RSA 151-A:5, II

 

Nuh 306.02

RSA 151-A:4-a, V and VI

 

Nuh 306.03

RSA 151-A:4-a, V

 

Nuh 307

RSA 151-A:4-a, II

 

 

 

 

Nuh 401.01

RSA 151-A:8, I-III

 

Nuh 401.03 - 401.04

RSA 151-A:4-a, II and V; RSA 151-A:8, V

 

Nuh 402

RSA 151-A:11 and RSA 151-A:4-a, III

 

Nuh 402.01

RSA 151-A:4-a, III, IV, and VII; RSA 151-A:11

 

Nuh 402.02

RSA 151-A:4-a, III and IV; RSA 151-A:11

 

Nuh 402.03 - 402.04

RSA 151-A:4, I(c); RSA 151-A:4-a, III; RSA 151-A:11

 

Nuh 403.01

RSA 151-A:4-a, V and VI; RSA 151-A:8, I-III

 

Nuh 403.02 - 403.03

RSA 151-A:4-a, V and VI; RSA 151-A:8, I-III

 

 

 

 

Nuh 501.01

RSA 151-A:4-a, V