CHAPTER
Saf-Mec 200 PROCEDURAL
RULES
PART
Saf-Mec 201 PURPOSE,
DEFINITIONS AND CONSTRUCTION
Saf-Mec 201.01 Purpose and Applicability.
(a)
The purpose of this chapter is to adopt rules of the practice and
procedure for adjudicative proceedings conducted by the board governing the
conduct of administrative hearings, as well as for petitions for rulemaking,
public comment hearings, declaratory rulings and explanation of adopted rules.
The provisions of these rules are intended to supplement the procedures
established by RSA 541-A and RSA 153:27 through RSA 153:38.
(b)
Saf-Mec 203 through Saf-Mec 211 shall apply to any adjudicative
proceeding conducted by the mechanical licensing board and shall be construed
to secure the just, accurate and efficient resolution of all disputes.
Source. #10798,
eff 3-18-15
Saf-Mec 201.02
Definitions.
(a) “Adjudicative proceeding” means
“adjudicative proceeding” as defined in RSA 541-A: 1, I, namely “the procedure
to be followed in contested cases, as set forth in RSA 541-A:31
through RSA 541-A:36.”
(b) “Appearance” means a written
notification to the board that a party, an intervenor
or the representative of a party or intervenor
intends to actively participate in an adjudicative proceeding.
(c)
“Board” means the mechanical licensing board as established by RSA
153:27-a.
(d)
“Contested case” means “contested case” as defined in RSA 541-A:1, IV,
namely, “a proceeding in which the legal rights,
duties, or privileges of a party are required by law to be determined by an
agency after notice and an opportunity for hearing.”
(e) “Declaratory ruling” means
“declaratory ruling” as defined in RSA 541-A:1, V,
namely, “an agency ruling as to the specific applicability of any statutory
provision or of any rule or order of the agency.”
(f)
“Hearing” means “adjudicative proceeding” as defined in RSA 541-A:1, I, namely “the procedure to be followed in contested
cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”
(g)
“Intervenor” means a person without the status
of a party but participating in an adjudicative proceeding to the extent
permitted by the presiding officer acting pursuant to RSA 541-A:32.
(h)
“Motion” means a request to the presiding officer for an order or ruling
directing some act to be done in favor of the proponent of the motion,
including a statement of justification or reasons for the request.
(i) “Natural person” means a human being.
(j)
“Order” means “order” as defined in RSA 541-A:1, XI, namely, “the whole
or part of an agency's final disposition of a matter, other than a rule, but
does not include an agency's decision to initiate, postpone, investigate or
process any matter, or to issue a complaint or citation.”
(k)
“Party” means “party” as defined by RSA 541-A:1, XII, namely, "each
person or agency named or admitted as a party, or properly seeking and entitled
as a right to be admitted as a party.” The term “party” includes all intervenors in a hearing, subject to limitations
established pursuant to RSA 541-A:32, III.
(l)
“Person”, for the purposes of Saf-Mec 200, means “person” defined in RSA
541-A:1, XIII, namely, “any individual, partnership, corporation, association,
governmental subdivision or public or private organization of any character
other than” the board.
(m) “Presiding officer” means
“presiding officer” as defined in RSA 541-A:1, XIV,
namely the individual to whom the board has given the authority to preside over
a proceeding.
(n)
“Proof by a preponderance of the evidence” means a demonstration by
admissible evidence that a fact or legal conclusion is more probably true than
not.
(o)
“Public comment hearing” means a hearing held pursuant to RSA 541-A:11.
(p)
“Record” means, in a contested case, the materials set forth in RSA
541-A:31, VI.
(q)
“Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 202 COMPLAINTS
OF MISCONDUCT
Saf-Mec
202.01 Procedures
for Submission of Complaints of Misconduct by Fuel Gas Fitting or Plumbing Licensees
and Certified Oil Heating Technicians or Certified Water Treatment Technicians.
(a)
Persons wishing to complain of misconduct by a fuel gas fitting or
plumbing licensee, or a certified oil heating or water treatment technician,
shall submit to the board:
(1) A signed and dated complaint form which
includes the information described in (b) below; and
(2) If available, written contracts, bills of
sale, statements of guarantee and other documents relating to the work
complained about.
(b)
On the complaint submitted pursuant to (a)(1)
above the complaint shall provide:
(1) The address of the building which is the
location of the work complained about;
(2) If known, the name of the owner of that
building;
(3) The name, mailing address, and phone number
of the complainant;
(4)
The name and license or certification number of the individual performing the
work complained about;
(5) If known, the address of the individual
complained about;
(6) A written statement about the complaint; and
(7) Information about any legal action initiated
by the complainant and related to the same complaint.
(c) The board shall dismiss any
complaint, either before or after investigation, when it determines that:
(1) The board has no authority to regulate the actions
or omissions complained of; or
(2)
There is nothing in the complaint to suggest that the actions or omissions
complained of constitute misconduct under RSA 153:27 through RSA 153:38 or
these rules.
(d)
The board shall issue a written statement to a complainant whose
complaint it has dismissed, including notice of, and the reason for, the
dismissal.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 203 TIME
PERIODS
Saf-Mec 203.01 Computation of Time.
(a)
Unless otherwise specified, the unit of time for time periods referenced
in this chapter shall be calendar days.
(b)
Computation of any period of time referred to in this chapter 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
a legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 204 DISPUTE
RESOLUTION
Saf-Mec 204.01 Principles of Dispute
Resolution. The board shall resolve
by agreement or by a decision all disputes about non-criminal matters within
the scope of RSA 153:16(b) and RSA 153:27 through RSA 153:38 and the
administrative rules implementing those statutes.
Source. #10798,
eff 3-18-15
Saf-Mec 204.02 Right to a Hearing. Any person having a dispute with the board
shall be entitled to a hearing of the dispute if:
(a)
The legal rights, duties or privileges of that person will be determined
in the course of deciding the outcome of the dispute; and
(b)
Constitutional, statutory or case law requires the board to hold a
hearing before determination of those rights, duties or privileges.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 205
COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES;
PRE-HEARING CONFERENCES; RECORDING THE HEARING
Saf-Mec 205.01 Commencement of Adjudicative Proceedings.
(a)
All hearings before the board shall be open to the public.
(b)
An adjudicative proceeding shall be commenced by:
(1) An order of the board giving the parties the
notice specified in (c) below; and
(2) In the case of a proceeding relating to the
board's emergency suspension of a license, the notice specified in (c) below
together with the order issued pursuant to Saf-Mec 208.02(a).
(c)
The notice of hearing shall contain:
(1) A statement of the time, place and nature of
the hearing;
(2) A statement of the legal authority under which
the hearing is to be held;
(3) A reference to the applicable statutes and
rules;
(4) A short and plain statement of the issues
presented;
(5) A statement that each party has the right to
have representation by an attorney at the party’s own expense;
(6) The name of the presiding officer;
(7) In the case of a hearing not related to the
board's emergency suspension of a license, the statement that:
a. The
licensee or certificate holder has the right to have the board provide a
certified shorthand court reporter at the expense of the licensee or
certificate holder;
b. The request of the licensee or certificate
holder for a certified shorthand court reporter shall be submitted in writing
at least 10 days before the beginning of the hearing; and
c. The
licensee or certificate holder shall provide the board with a free copy of any
transcript produced; and
(8) In the case of a hearing related to the
board's emergency suspension of a license pursuant to Saf-Mec 205.02, the
statement that the board shall provide a certified shorthand court reporter at
the board's expense.
Source. #10798,
eff 3-18-15
Saf-Mec 205.02 Procedure for Emergency
Suspension of Licenses.
(a)
Upon a finding that public health, safety or welfare requires emergency action,
the board shall immediately suspend a license by issuing a written order of
suspension incorporating the finding.
(b)
The board shall commence a hearing no later than 10 working days after
the issuance of an order pursuant to (a) above and shall otherwise comply with
RSA 541-A.
(c)
Unless the 10-day deadline in (b) above is expressly waived by the
licensee, the failure of the board to meet the deadline shall result in the
automatic vacating of the order of license suspension.
(d)
After the vacating of the order pursuant to (c) above, the board shall
not again suspend the license on the basis of the same conduct which formed the
basis for the vacated order without giving the licensee prior notice and the
opportunity for a hearing.
(e)
The recording of a hearing on the emergency suspension of a license
shall be made by a certified shorthand court reporter provided and paid for by
the board.
Source. #10798,
eff 3-18-15
Saf-Mec 205.03 Appearances and
Representation.
(a)
An appearance shall be filed by:
(1) Each party or the party's representative, if
any; and
(2) Each intervenor or
the intervenor’s representative, if any.
(b)
The appearance shall contain the following information:
(1) The docket number assigned by the board, or a
brief identification of the case;
(2) The daytime address and telephone number of
the person filing the appearance; and
(3)
If applicable, the daytime address and telephone number of the party or intervenor represented by the person filing the appearance.
(c) The appearance shall be updated whenever
there is a change in the address or telephone number of a person identified in
the appearance.
(d) A party may be represented:
(1) In person;
(2) By an attorney; or
(3) A citizen of good character pursuant to RSA
311:1.
Source. #10798,
eff 3-18-15
Saf-Mec 205.04 Prehearing Conference.
(a)
A prehearing conference shall be scheduled on the request of any party
or intervenor or on the initiative of the presiding
officer if the presiding officer determines that to do so would facilitate the
proceedings or encourage resolution of the dispute.
(b)
A prehearing conference shall address one or more of the following:
(1) Offers of settlement;
(2) Simplification of the issues;
(3) By the consent of the parties, stipulations
or admissions as to issues of fact or proof;
(4) Limitations on the number of witnesses;
(5) Changes to standard hearing procedures;
(6) Consolidation of examination of witnesses;
and
(7) Any other matters that advance the efficiency
of the proceedings.
(c)
All hearings before the board shall be open to the public.
Source. #10798,
eff 3-18-15
Saf-Mec 205.05 Recording the Hearing.
(a)
Except in the circumstances described in (b) below, the presiding officer
shall record the hearing by recording or any other method that will provide a
verbatim record.
(b)
A hearing on the immediate suspension of a license pursuant to RSA 541-A:30, III shall be recorded by a certified shorthand court
reporter provided by the board.
(c)
If any person requests a written transcript of a recording of a hearing,
the following procedure shall apply:
(1) The board shall ascertain the estimated cost
of the transcript and convey that information to the person making the request;
(2) Upon the receipt of the estimated cost, the
person making the request shall advise the board whether he or she wishes to
order the written transcript;
(3) If the person wishes to order the transcript,
he or she shall forward payment for the estimated cost to the board;
(4) Upon receipt of payment for the estimated
cost of the transcript, the board shall arrange for the preparation of the
transcript and, upon the completion of the transcript, shall ascertain the
final cost;
(5) If the final cost of the transcript is less
than the estimated cost, the board shall return the excess payment to the
person with the transcript;
(6) If the final cost of the transcript is in
excess of the estimated cost, the person requesting the transcript shall pay to
the board the additional amount; and
(7) Upon receipt of payment in full for the final
amount, the board shall forward the transcript to the person.
(d)
The written request for a duplicate copy of the recording or a
transcript shall be submitted and received by the board no later than 75 days
from the date of the final decision of the administrative hearing. The department shall retain hearing
recordings for at least 75 days from the date of final decision.
(e)
Any person attending an administrative hearing may tape or otherwise
record the hearing. The presiding
officer conducting the hearing, upon being advised of any person's intention to
make such a recording, shall notify all parties present of the fact that this
record is in addition to the official recording being made by the bureau of
hearings.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 206 CONDUCT
OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES
Saf-Mec 206.01 Presiding Officer.
(a)
Hearings shall be conducted by a quorum of the board under the direction
of a presiding officer designated by the board;
(1) When a case is assigned to a presiding
officer, it shall remain with that presiding officer until the case is
concluded unless transferred pursuant to these rules;
(2) The presiding officer shall not be the person
who is the official complainant against the party involved; and
(3) In the event of absence, disability or
disqualification of a presiding officer, a case assigned to one presiding
officer shall be transferred to another by the appropriate supervisor.
(b)
The presiding officer shall as necessary:
(1) Regulate and control the course of the
hearing;
(2) Facilitate an
informal settlement of the dispute that is the subject of the hearing;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence and exclude
irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or continuances, at the request of a party or intervenor
or on the presiding officer's own motion;
(6) Interview and examine anyone who testifies to
the extent required to make a full and fair record;
(7) Arrange for a completed record of the hearing
as specified in RSA 541-A:31, VII; 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. #10798,
eff 3-18-15
Saf-Mec 206.02 Withdrawal of Presiding
Officer.
(a) Upon his or her own initiative or upon the motion
of any party or intervenor, the presiding officer
shall withdraw from any adjudicative proceeding for good cause.
(b) Good cause shall exist if the presiding
officer:
(1) Has a direct
interest in the outcome of the matter, including but not limited to, a
financial or family relationship with any party or intervenor;
(2)
Has had a personal or business relationship with any party, witness or
representative, which may hinder him or her from being able to arrive at an
impartial decision on the issue(s), or for any other reason that might
interfere with his or her ability to remain impartial;
(3)
Has made statements or engaged in behavior which objectively demonstrates that
he or she has prejudged the facts of the case; or
(4) Personally believes that he or she cannot
fairly judge the facts of the case.
(c)
Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for
withdrawal.
Source. #10798,
eff 3-18-15
Saf-Mec 206.03 Official Notice.
(a)
The presiding officer shall take official notice pursuant to RSA 541-A:33, V.
(b)
The presiding officer shall state on the record the matters of which
he/she intends to take official notice, and afford the parties the opportunity
to object.
Source. #10798,
eff 3-18-15
Saf-Mec 206.04 Multiple Cases:
Consolidation. Where the interests
of justice shall be better served without substantial prejudice to the rights
of any party, the presiding officer shall sever one case from another or shall
consolidate 2 or more cases preserving for all parties the right of appeal from
the single or several decisions rendered.
Source. #10798,
eff 3-18-15
Saf-Mec 206.05 Control of Hearing.
(a)
In cases of disorder or refusal to comply with the rules of the hearing,
the presiding officer shall use reasonable means to control the hearing.
(b)
Parties, representatives, and witnesses shall not engage in bitter
exchanges, vulgarities, or abuse or make offensive or insulting comments. When such an act is committed, the presiding
officer shall admonish the offender, reminding the offender that such behavior
does not contribute to a fair hearing and impedes the orderly disposition of a
case.
(c)
If the offense is repeated and further admonition appears fruitless, the
presiding officer shall exclude a disorderly person from the hearing.
(d)
A disorderly person shall not lose the case because of his/her 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. Such party may reopen the case upon submitting his/her offer of
proof or argument in an orderly fashion.
Source. #10798,
eff 3-18-15
Saf-Mec 206.06 Waiver
or Suspension of Rules by Presiding Officer. A presiding officer, upon the accepted motion
of any interested person, shall waive any procedural requirement or limitation
imposed by this chapter upon reasonable notice to affected persons when it
appears that the proposed waiver or suspension is lawful, and would be more
likely to promote the fair, accurate and efficient resolution of issues
properly pending before the board than would adherence to particular procedural
rules or requirements. A motion for
waiver or suspension of a procedural rule or order shall fully set forth the
reasons for the requested relief.
Source. #10798,
eff 3-18-15
Saf-Mec 206.07 Transfer of Location by
Presiding Officer. A case may be
transferred from one designated location to another with due regard for the
convenience and necessity of the parties or witnesses, and as the interests of
justice may require.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 207 FILING,
FORMAT AND DELIVERY OF DOCUMENTS
Saf-Mec 207.01 Date of Issuance or Filing.
(a)
The date on all written documents from the board governed by this
chapter shall be rebuttably presumed to have been
issued on the date noted on the document.
(b)
The date stamp placed on all written documents governed by this chapter
by the board, shall be rebuttably
presumed to have been filed with the board on the date of receipt, as evidenced
by a date placed on the document by the board or its staff in the normal course
of business.
Source. #10798,
eff 3-18-15
Saf-Mec 207.02 Format of Documents.
(a)
A docket number shall be assigned to each matter heard which shall
appear on the notice of hearing and all subsequent orders or decisions of the
board
(b)
All correspondence, pleadings, motions or other documents filed shall:
(1) Include the title and docket number of the
case, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document,
or, if the proponent 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 and intervenors
in compliance with Saf-Mec 206.03.
(c)
The signature of a party or intervenor or the
representative of the party or the intervenor 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. #10798,
eff 3-18-15
Saf-Mec 207.03 Delivery of Documents.
(a)
Copies of all pleadings, motions, exhibits, memoranda, or other
documents filed by any party or intervenor shall be
delivered by that party or intervenor to the board
and to all other parties and intervenors.
(b)
All notices, orders, decisions or other documents issued by the
presiding officer or the board shall be delivered to all parties and intervenors.
(c)
Delivery of documents relating to a proceeding shall be made either in
hand or by depositing into the
(1) The name of the person intended to receive
the document;
(2) The full address, including zip code, last
provided to the board by such person; and
(3) Prepaid first class postage.
(d)
When a party or intervenor appears by a
representative, delivery of a document to the party's or intervenor’s
representative either in hand or at the address stated on the appearance filed
by the representative shall constitute delivery to the party or intervenor.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 208 MOTIONS
AND OBJECTIONS
Saf-Mec 208.01 Motions; Objections to
Motions; Ruling on Motions.
(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
based on information that was not received in time to prepare a written motion.
(b)
Oral motions and any oral objections 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 proponent to submit the
motion in writing and provide supporting information.
(c)
All written motions submitted on the date of the hearing shall be
excluded from consideration by the presiding officer.
(d)
Notwithstanding (c) above, the presiding officer 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, pursuant to Saf-Mec
210.01(c), existed that prevented the filing of the motion prior to the day of
the hearing.
(e)
If the presiding officer accepts the 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)
Except as otherwise provided in this chapter, objections to written
motions shall be filed within 30 days of the date of the motion.
(g)
The board shall grant extensions of time for the filing of objections only
for good cause.
(h)
For the purposes of (g) above, good cause shall include:
(1) Circumstances not within the control of the
party or intervenor requesting the extension that
render the party or intervenor unable to file an
objection within the normal period for objection; and
(2) Circumstances that otherwise demonstrate that
an extension would assist the board in fully and fairly understanding and
resolving the issues presented in the motion.
(i) Failure by an opposing party or an intervenor to object to a motion shall not in and of itself
constitute grounds for granting the motion.
(j)
When necessary to obtain information or clarify an issue relating to the
proceedings, the presiding officer shall hold a hearing on the motion.
(k)
The presiding officer shall rule upon a motion after full consideration
of all objections and applicable law.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 209
INTERVENTION; ROLES OF COMPLAINANTS AND BOARD STAFF
Saf-Mec 209.01 Intervention Procedure.
(a)
Petitions for intervention shall:
(1) Describe in writing the petitioner's interest
in the subject matter of the proceedings;
(2) Be submitted to the presiding officer; and
(3) Be mailed in copy form to all parties
identified in the notice commencing the hearing.
(b)
A non-party may intervene in a matter pending before the board under the
provisions of 541-A:32, by filing a petition that states the facts
demonstrating 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 the law.
(c)
If the presiding officer determines that the intervention would be in
the interests of justice and would not impair the orderly and prompt conduct of
the hearing, the petition for intervention shall be granted.
(d)
A person whose petition for intervention has been granted shall be
admitted as a party, subject to Saf-Mec 209.02.
Source. #10798,
eff 3-18-15
Saf-Mec 209.02 Effect of Intervention and
Rights of an Intervenor.
(a)
Approval of intervention by the presiding officer shall apply only to
the proceeding in which the petition for intervention was granted.
(b) Notwithstanding the provisions of
this chapter, an intervenor’s right to participate in
an adjudicative proceeding shall be subject to any limitations or conditions
imposed by the presiding officer pursuant to RSA 541-A:32, III.
(c)
An intervenor shall take the proceedings as he
or she finds them and no portion of the proceeding shall be repeated because of
the fact of intervention.
Source. #10798,
eff 3-18-15
Saf-Mec 209.03 Role of Complainants and
Board Staff.
(a)
Complainants alleging misconduct by a licensee or certificate holder
shall have no role in any hearing other than that of witness unless they
petition for, and are granted, the right to intervene.
(b) The chief mechanical inspector and
mechanical inspection staff of the division of fire safety on behalf of the
board, or another representative of the board shall:
(1) Investigate disputes about matters within the
scope of RSA 153:16-b and RSA 153:27 through RSA 153:38 and the administrative
rules implementing those statutes;
(2) Present the results of investigations to the
board at adjudicative hearings or during informal dispute resolution; and
(3) Present, or solicit from witnesses, such
testimony as is required by the board to resolve the issues raised
in adjudicative hearings.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 210
CONTINUANCES AND FAILURE TO ATTEND HEARING
Saf-Mec 210.01 Continuances.
(a)
Any party or intervenor may make an oral or
written motion that a hearing be delayed or continued to a later date or time.
(b)
A request for continuance of a hearing shall be made in writing with a
copy to the respective party(s) and received by the department, absent exigent
circumstances, at least 5 working days prior to the hearing.
(c)
Exigent circumstances shall include:
(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 or results in the party's absence from the
scheduled hearing.
(d)
Appearance by a representative of a party shall not waive the party's
required presence at a hearing.
(e)
The written request or motion shall contain but not be limited to:
(1) The specific reason(s) for the request
including issue(s) to be resolved and conflicts with scheduled court
appearances;
(2) Optional dates and times when all interested
parties shall be available;
(3) The identity of the requestor; and
(4) The name and date of birth of the respondent.
(f)
A motion for a delay or a continuance shall be granted if the presiding
officer determines that there is good cause to do so.
(g)
Good cause shall include:
(1) The unavailability of parties, intervenors, witnesses or attorneys necessary to conduct
the hearing;
(2) The likelihood that a settlement will make
the hearing or its continuation unnecessary; or
(3)
Any other circumstances that demonstrate that a delay or continuance would
assist in resolving the case fairly.
(h)
If the later date, time and place are known when the hearing is being
delayed or continued, the information shall be stated on the record. If the
later date, time and place are not known at that time, the presiding officer
shall as soon as practicable issue a written scheduling order stating the date,
time and place of the delayed or continued hearing.
Source. #10798,
eff 3-18-15
Saf-Mec 210.02 Failure of a Party to Attend
or Participate in the Hearing.
(a)
A party shall be in default if the party:
(1) Has the overall
burden of proof;
(2) Has been given notice in accordance with
Saf-Mec 208.01; and
(3) Fails to attend the hearing, unless the
failure to attend the hearing is the result of accident, injury, illness or
other event beyond the party's control.
(b)
If a party is in default under (a) above, the case shall be dismissed.
(c)
If a party who does not have the overall burden of proof fails to attend
a hearing after having been given notice in accordance with Saf-Mec 208.01, the
testimony and evidence of any other parties or intervenors
shall be received and evaluated.
(d)
If a party who has the overall burden of proof attends a hearing but
fails to participate by presenting evidence or argument, a decision shall be
entered against that party.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 211 REQUESTS
FOR INFORMATION AND DOCUMENTS
Saf-Mec 211.01 Voluntary Production of
Information.
(a)
Each party and intervenor shall attempt in
good faith to make complete and timely response to requests for the voluntary
production of information and documents relevant to the hearing.
(b)
When a dispute arises concerning a request for the voluntary production
of information or documents, any party or intervenor
may file a motion under Saf-Mec 211.02 to compel the production of the
requested information or documents.
Source. #10798,
eff 3-18-15
Saf-Mec 211.02 Motions to Compel Production
of Information and Documents.
(a)
Any party or intervenor may make a motion
seeking an order for compliance with an information or document request. The
motion shall be filed at least 30 days before the date scheduled for the hearing,
or as soon as possible after receiving the notice of the hearing if such notice
is issued less than 30 days in advance of the hearing.
(b)
The motion to compel shall:
(1) Set forth in detail those facts which justify
the request for information or documents; and
(2) List with specificity the information or
documents being sought.
(c)
Objections to motions to compel shall be filed within 10 days of the
delivery of the motion.
(d)
The presiding officer shall grant the motion to compel if its proponent
has demonstrated that an order for compliance is necessary for a full and fair
presentation of evidence at the hearing.
Source. #10798,
eff 3-18-15
Saf-Mec 211.03 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits.
At least 5 days before the hearing, the parties and intervenors
shall provide to the other parties and intervenors:
(a)
A list of all witnesses to be called at the hearing containing the names
of the witnesses, their addresses and their telephone numbers;
(b)
Brief summaries of the testimony of the witnesses to be called;
(c)
A list of all documents and exhibits to be offered as evidence at the
hearing;
(d)
A copy of each document intended to be offered as evidence at the
hearing; and
(e)
An offer to allow the inspection of non-documentary exhibits intended to
be offered as evidence at the hearing at times and places of convenience to the
parties and intervernors.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 212 HEARING
PROCEDURE
Saf-Mec 212.01 Standard and Burden of Proof.
(a)
The party or intervenor asserting a
proposition shall bear the burden of proving the truth of the proposition by a
preponderance of the evidence.
(b)
Unless otherwise specified by law, the standard of proof shall be a
preponderance of the evidence.
Source. #10798,
eff 3-18-15
Saf-Mec 212.02 Order of Testimony;
Cross-Examination.
(a)
All testimony of parties shall be made under oath or affirmation
administered by the presiding officer.
(b)
Any individual offering testimony, evidence or arguments shall state for
the record his or her name and role in the hearing. If the individual is
representing another person, the person being represented shall also be
identified.
(c)
Testimony on behalf of the parties shall be offered in the following
order:
(1) The testimony of the party or parties bearing
the overall burden of proof and such witnesses as such party or parties may
call; and
(2) Thereafter, the testimony of the party or
parties opposing the party who bears the overall burden of proof and such
witnesses as such party or parties may call.
(d)
If there is a clear dispute of facts between the parties in which the
credibility of testimony might determine the outcome of the hearing, the
presiding officer, on the request of a party, shall sequester witnesses until
they are called to testify.
(e)
Notwithstanding (d) above, a witness shall be sequestered only if
prosecution and defense, as appropriate, shall have one individual present
throughout the process to ensure neither side is placed at an unfair advantage
for summation.
(f)
The testimony of intervenors and such
witnesses as such intervenors may be allowed to call
shall be offered at the time directed by the presiding officer.
(g)
Each party may cross-examine any witnesses offered against that party.
(h)
The right of an intervenor to cross-examine
witnesses shall be determined by the presiding officer.
(i) Subject to the direction of the presiding
officer who shall regulate the time and manner of speaking in an orderly
fashion, board members present during and participating in an adjudicative
proceeding shall question witnesses and make such inquiry of witnesses as they
believe appropriate for a full and true disclosure of the facts of the case.
Source. #10798,
eff 3-18-15
Saf-Mec 212.03 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33.
(b)
All rules of privilege recognized under the laws of the state of
(c)
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.
(d)
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.
(e)
Transcripts of testimony as well as documents, materials and objects
admitted into evidence shall be public records unless the presiding officer
determines that all or part of them is exempt from disclosure under RSA 91-A:5,
other statutes or applicable case law.
Source. #10798,
eff 3-18-15
Saf-Mec 212.04 Proposed Findings of Fact
and Conclusions of Law.
(a)
Any party or intervenor may submit up to 25
proposed findings of fact and conclusions of law. Each requested finding or
conclusion shall be a separately numbered statement. Compound requests shall not be accepted.
(b)
The board shall allow a party or intervenor to
file more than a combined total of 25 proposed findings of fact and conclusions
of law if:
(1) At least 10 days prior to the hearing, the
party or intervenor files a request to exceed 25
findings of fact and rulings of law; and
(2) The board finds that the filing of more than
25 findings of fact and rulings of law would assist in clarifying the issues.
(c)
The presiding officer shall require the submission of proposed findings
of fact and rulings of law and specify a deadline after the close of the
hearing for their submission when:
(1) Any party or intervenor
has requested such action;
(2) The presiding officer is required by Saf-Mec
212.07(c)(3) to make findings of fact and rulings of
law; or
(3)
The presiding officer determines that proposed findings of fact and rulings of
law would clarify the issues presented at the hearing.
(d)
In any case where proposed findings of fact and rulings of law are
submitted, the decision shall include rulings on the proposals.
Source. #10798,
eff 3-18-15
Saf-Mec 212.05 Closing the Record.
(a)
After the conclusion of the hearing and the filing of such post-hearing
submissions as are ordered by the presiding officer, the record shall be closed
and no additional evidence shall be received into the record except as allowed
by paragraph (b) below and Saf-Mec 211.06.
(b)
Before the conclusion of the hearing, a party may request that the
record be left open to allow the filing of specified evidence not available at
the hearing. If the other parties to the hearing have no objection or if the
presiding officer determines that such evidence is necessary to a full
consideration of the issues raised at the hearing, the presiding officer shall
keep the record open for a period of time necessary for the party to file the
evidence.
Source. #10798,
eff 3-18-15
Saf-Mec 212.06 Reopening the Record.
(a)
If no written proposal for decision pursuant to Saf-Mec 212.07(c) or
final decision pursuant to Saf-Mec 212.07(a) has been issued, any party or intervenor may move to reopen the record for the inclusion
in the record of specified evidence or claims of law.
(b)
A motion pursuant to (a) above shall be granted if:
(1) There is no objection from any other party or
intervenor;
(2) The evidence sought to be included in the
record was not available at the time of the hearing or the claim of law was
inadvertently omitted; and
(3) The presiding officer determines that the
evidence or claim of law is relevant, material and non-duplicative and its
inclusion in the record is necessary to a full and fair consideration of the
issues to be decided.
(c)
If there is an objection from a party or intervenor
to a motion made pursuant to (a) above, the hearing shall be reopened for the
purpose of receiving evidence, permitting cross-examination and permitting
argument on the issue of reopening the record.
(d)
The presiding officer shall grant a motion made pursuant to (a) above
if, after the reopened hearing described in (c) above, the presiding officer
determines that the evidence sought to be included in the record was not
available at the time of the hearing or the claim of law was inadvertently
omitted and the evidence or claim of law is relevant, material and
non-duplicative and its inclusion in the record is necessary to a full and fair
consideration of the issues to be decided.
(e)
If the presiding officer permits the reopening of the record for the
admission of specified evidence or claim of law, the presiding officer shall
extend the hearing reopened pursuant to (c) for the purpose of receiving
evidence, permitting cross-examination and permitting argument on the substance
of the evidence or on the claim of law.
Source. #10798,
eff 3-18-15
Saf-Mec 212.07 Disposition.
(a)
The board shall issue a decision or order, whether or not the record has
been reopened pursuant to Saf-Mec 212.06, based on:
(1) A hearing attended by a quorum of the board;
(2) A written proposal for disposition meeting
the requirements of paragraph (d) below; or
(3) A hearing held pursuant to subparagraph (e)(2) below.
(b)
The decision or order shall:
(1) Be in writing and dated; and
(2) Include findings of fact and rulings of law.
(c)
A board member shall not participate in the board's disposition if he or
she has not personally heard all of the testimony in the case, unless the
disposition does not depend on the credibility of any witness and the record
provides a reasonable basis for evaluating the testimony.
(d)
If a presiding officer has been delegated the authority to conduct the
hearing, the presiding officer shall submit to the board a written proposal for
disposition containing:
(1) The disposition proposed by the presiding
officer;
(2) A statement of the reasons for the proposed
disposition; and
(3) Findings of fact and rulings of law.
(e)
If a proposed disposition submitted pursuant to paragraph (d) is adverse
to a party or an intervenor, the board shall:
(1) Serve a copy of it on each party and intervenor; and
(2) Provide an opportunity to file objections and
present briefs and oral arguments to the board.
(f)
The board shall keep a final decision in its records for at least 5
years following their dates of issuance, 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. #10798,
eff 3-18-15
Saf-Mec 212.08 Reconsideration.
(a)
Within 30 days of the board's decision or order, any party or person
directly affected may request consideration of any matter determined in the
proceeding or covered by the decision or order by submitting a written motion
specifying:
(1) The issues to be considered; and
(2) Every ground on which it is claimed that the
decision or order is unlawful or unreasonable.
(b)
An objection to a motion for rehearing shall be submitted within 5 days
of the submission of the motion.
(c)
At its next meeting following the submission of the motion for
reconsideration the board shall:
(1) Grant the motion;
(2) Deny the motion; or
(3) Suspend the board's decision or order pending
further consideration.
(d)
The board shall grant the motion for reconsideration if it determines
that, in the original hearing it:
(1) Incorrectly assessed the relevant evidence;
(2) Incorrectly applied the relevant law; or
(3) Otherwise failed substantially to comply with
this chapter or acted in a manner which was unlawful or unreasonable.
Source. #10798,
eff 3-18-15
Saf-Mec 212.09 Appeal.
(a)
A party to the proceedings shall have the right to file a petition with
the superior court or the department of safety bureau of hearings to request a
review of the final order of the board within 30 days of the date of the final
order.
(b)
For appeals through the bureau of hearings, the bureau of hearings shall
review the record as developed before the board, together with any written
legal argument presented to the bureau at the earliest practical time. Based on that review, the bureau may affirm or
reverse the decision of the board or order that oral argument be held. As justice may require, the bureau shall
remand the case to the board for further findings and rulings. The petition for appeal shall set forth all
the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the
board shall not be raised before the bureau of hearings. The burden of proof shall be on the appellant
to show that the decision of the board was unreasonable or unlawful.
(c)
No new or additional evidence shall be introduced in the bureau of
hearings, but the case shall be determined upon the record and evidence
transferred, except that in any case, if justice requires the review of evidence
which by reason of accident, mistake, or misfortune could not have been offered
before the board, the bureau of hearings shall remand the case to the board to
receive and consider such additional evidence.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 213
SETTLEMENTS
Saf-Mec 213.01 Settlement of Disciplinary
Disputes.
(a)
Any licensee or certificate holder having a dispute with the board over
a disciplinary matter shall have the opportunity to settle some or all of the
issues if there is no dispute between the board and the licensee or certificate
holder about the material facts underlying the issues.
(b)
To be effective, an agreement to settle shall be:
(1) In writing;
(2) Signed by the licensee or certificate holder
and a member of the board; and
(3) After the signing, finalized as an order
issued by the board.
(c)
The signing by the licensee or certificate holder of an agreement to
settle shall constitute a waiver of the right of the licensee or certificate
holder to a hearing of the issues resolved by the agreement.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 214 RULEMAKING
Saf-Mec 214.01 Petitions for Rulemaking.
(a)
Any person may seek the adoption, amendment or repeal of a rule by
submitting to the board a petition pursuant to RSA 541-A:4.
(b)
Each petition for rulemaking shall contain:
(1) The name and address of the individual
petitioner or, if the request is that of an organization or other entity, the identity of such
organization or entity and the name
and address of the representative authorized by the entity to file the
petition;
(2) A statement of the purpose of the petition,
whether the adoption, amendment or repeal of a rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought,
identification of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board
when deciding whether to begin the rulemaking process.
Source. #10798,
eff 3-18-15
Saf-Mec 214.02 Disposition of Petitions for
Rulemaking.
(a)
The board shall request additional information or argument from the
petitioner for rulemaking or from others if such additional information or
argument is required to reach a decision.
(b)
The board shall grant the petition for rulemaking unless the adoption,
amendment or repeal sought would result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5) Excessive burden upon the board in terms of
cost or a reduction in efficiency or effectiveness.
(c)
Within 30 days of receipt of a sufficient petition the board shall
dispose of it in the following manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d)
The denial of a petition for rulemaking shall not entitle the petitioner
to a hearing.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 215 PUBLIC
COMMENT HEARINGS
Saf-Mec 215.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #10798,
eff 3-18-15
Saf-Mec 215.02 Public Access and
Participation.
(a)
Public comment hearings shall be open to the public, and members of the
public shall be entitled to testify, subject to the limitations of Saf-Mec
215.03.
(b)
People who wish to testify shall be asked to write on the speaker's
list:
(1) Their full names and addresses; and
(2) The names and addresses of organizations,
entities or other persons whom they represent, if any.
(c)
Written comments, which may be submitted in lieu of or in addition to
oral testimony, shall be accepted for 10 days after the adjournment of a
hearing or after the adjournment of a postponed or continued hearing.
Source. #10798,
eff 3-18-15
Saf-Mec 215.03 Limitations on Public
Participation. The board's chair or
other person designated by the board to preside over a hearing shall:
(a)
Refuse to recognize for speaking or revoke the recognition of any person
who:
(1) Speaks or acts in an abusive or disruptive
manner;
(2) Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
(3) Restates more than once what he or she has
already stated; and
(b)
Limit presentations on behalf of the same organization or entity to no
more than 3, provided that all those representing such organization or entity
may enter their names and addresses into the record as supporting the position
of the organization or entity.
Source. #10798,
eff 3-18-15
Saf-Mec 215.04 Media Access. Public comment hearings shall be open to
print and electronic media, subject to the following limitations when such
limitations are necessary to allow a hearing to go forward:
(a)
Limitation on the placement of cameras to specific locations within the
hearing room; or
(b)
Prohibition of interviews conducted within the hearing room before or
during the hearing.
Source. #10798,
eff 3-18-15
Saf-Mec 215.05 Conduct of Public Comment
Hearings.
(a)
Public comment hearings shall be attended by a quorum of the board.
(b) Public comment hearings shall be
presided over by the board chair or a board member knowledgeable in the subject
area of the proposed rules who has been designated by the board to preside over
the hearing.
(c)
The chair or other person presiding over a hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the
subject matter of the hearing and provide copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who
wish to be heard;
(5) If necessary, establish limits pursuant to
Saf-Mec 215.03 and Saf-Mec 215.04;
(6) If necessary to permit the hearing to go
forward in an orderly manner, effect the removal of a person who speaks or acts
in a manner that is personally abusive or otherwise disrupts the hearing;
(7) If necessary, postpone or move the hearing;
and
(8) Adjourn or continue the hearing.
(d)
A hearing shall be postponed under the following circumstances:
(1) In accordance with RSA 541-A:11, IV, when:
a. The
weather is so inclement that it is reasonable to conclude that members of the
public wishing to attend the hearing will be unable to do so;
b. There
is no quorum of the board due to illness or unavoidable absence; or
c.
Postponement will facilitate greater
participation by the public; or
(2) The board chair or other person designated by
the board to preside over the hearing is ill or unavoidably absent.
(e)
A hearing shall be moved to another location in accordance with RSA
541-A:11, V when the original location is not able to
accommodate the number of people who wish to attend the hearing.
(f)
A hearing shall be continued past the scheduled time or to another date
in accordance with RSA 541-A:11, III when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the number of people who wish to attend and
it is not possible to move the hearing to another location.
Source. #10798,
eff 3-18-15
PART
Saf-Mec 216
DECLARATORY RULINGS
Saf-Mec 216.01 Requests for Declaratory
Rulings.
(a)
Any person may request a declaratory ruling by the board if that person
is directly affected by RSA 153:27 through RSA 153:38 or by any administrative
rule of the board.
(b)
A request for a declaratory ruling shall be in a writing containing:
(1) The name and address of the individual or
entity making the request;
(2) The text of the ruling being requested;
(3) The reasons for the request; and
(4)
The following declaration signed by the individual making the request, the
authorized representative of such individual, or the authorized representative
of the entity making the request:
"I
declare that I have examined the request for a declaratory ruling, including
the accompanying documents, and state that, to the best of my knowledge and
belief, the facts presented in support of the requested declaratory ruling are true, correct and complete."
Source. #10798,
eff 3-18-15
Saf-Mec 216.02 Documents Required to
Support Requests for Declaratory Rulings.
(a)
A request for a declaratory ruling shall be accompanied by:
(1) A statement citing the statutory law,
regulatory law and orders believed to support the ruling being requested;
(2) A statement of the facts believed to support
the ruling being requested; and
(3) Supplementary material necessary to establish
or clarify the facts set forth in the statement of facts.
(b)
A request for a declaratory ruling may be accompanied by additional
material chosen by the person making the request.
Source. #10798,
eff 3-18-15
Saf-Mec 216.03 Processing Requests for
Declaratory Rulings.
(a)
Within 30 days of receiving a request for a declaratory ruling the board
shall advise the person requesting it if the ruling will be delayed by the need
for additional information or the complexity of the issues presented.
(b)
If additional information should be needed, the board shall specify the
additional information required and request that it be provided in a statement
of additional information that includes the declaration specified in Saf-Mec
214.01(b)(4) and is accompanied by any material necessary to establish or
clarify the facts set forth in the statement.
Source. #10798,
eff 3-18-15
Saf-Mec 216.04 Issuance and Publication of
Declaratory Rulings.
(a)
When facts sufficient to support a declaratory ruling have been
established, the board shall issue a written declaratory ruling which applies
all relevant law to the established facts.
(b)
When the established facts show that the board lacks subject matter or
personal jurisdiction to issue a declaratory ruling, the board shall issue a
written decision stating that it lacks jurisdiction to issue a declaratory
ruling and identifying the lack of jurisdiction.
(c)
Declaratory rulings shall be filed on the day of issuance with the
director of legislative services in accordance with RSA 541-A:16,
II(b).
Source. #10798,
eff 3-18-15
Saf-Mec 216.05 Effect of Declaratory
Rulings. A declaratory ruling shall
apply only to the board and to the person requesting it and shall be confined
to the facts presented pursuant to Saf-Mec 216.02(a)(2)
and Saf-Mec 216.02(a)(3) and in response to a request of the board made
pursuant to Saf-Mec 216.03(b).
Source. #10798,
eff 3-18-15
PART
Saf-Mec 217
EXPLANATION OF ADOPTED RULES
Saf-Mec 217.01 Requests for Explanation of
Adopted Rules. Any interested person
may, within 30 days of the final adoption of a rule, request a written
explanation of that rule by making a written request to the board including:
(a)
The name and address of the person making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source. #10798,
eff 3-18-15
Saf-Mec 217.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Saf-Mec 217.01, provide a written response which:
(a)
Concisely states the meaning of the rule adopted;
(b)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(c)
States, if the board did so, why the board overruled any arguments and
considerations presented against the rule.
Source. #10798,
eff 3-18-15
APPENDIX
Rule |
Statute Implemented |
Saf-Mec
201.01 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
201.02 |
RSA
541-A:7; RSA 541-A:16, I(b)(2) |
Saf-Mec
201.03-202.01 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
203.01 |
RSA
541-A:30-a, III(f) |
Saf-Mec
204.01 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
204.02 |
RSA
541-A:31, I |
Saf-Mec
205.01(a) |
RSA
91-A:2, II |
Saf-Mec
205.01(b)-(c) |
RSA
541-A:16, I(b)(2); RSA 541-A:31, III |
Saf-Mec
205.02 |
RSA
541-A:30, III |
Saf-Mec
205.03 |
RSA
541-A:30-a, III(b) |
Saf-Mec
205.04 |
RSA
541-A:16, I(b)(2); RSA 541-A:31, V(b), (c) and (d) |
Saf-Mec
205.05(a) |
RSA
541-A:31, VII |
Saf-Mec
205.05(b) |
RSA
541-A:30, III |
Saf-Mec
205.05(c) |
RSA
541-A:16, I(b)(2); RSA 541-A:31, VII |
Saf-Mec
205.05(d)-(e) |
RSA
541-A:16, I(b)(2) |
Saf-Mec
206.01 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
206.02 |
RSA
541-A:30-a, III(k) |
Saf-Mec
206.03 |
RSA
541-A:33, V |
Saf-Mec
206.04-206.05 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
206.06 |
RSA
541-A:30-a, III(j) |
Saf-Mec
206.07 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
207.01-207.03 |
RSA
541-A:30-a, III(a) |
Saf-Mec
208.01(a)-(d), (f)-(k) |
RSA
541-A:16, I(b)(2) |
Saf-Mec
208.01(e) |
RSA
541-A:30-a, III(h) |
Saf-Mec
209.01-209.02 |
RSA
541-A:16, I(b)(2); RSA 541-A:32, I, II and III |
Saf-Mec
209.03 |
RSA
541-A:16, I(b)(2); RSA 541-A:30-a, III(g) |
Saf-Mec
210.01 |
RSA
541-A:30-a, III(h) |
Saf-Mec
210.02 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
211 |
RSA
541-A:30-a, III(c) |
Saf-Mec
212.01 |
RSA
541-A:16, I(b)(2); RSA 541-A:30-a, III(d) and (e) |
Saf-Mec
212.02 |
RSA
541-A:16, I(b)(2); RSA 541-A:31, IV |
Saf-Mec
212.03(a) |
RSA
541-A:33 |
Saf-Mec
212.03(b)-(e) |
RSA
541-A:16, I(b)(2) |
Saf-Mec
212.04-212.05 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
212.06 |
RSA
541-A:30-a, III(i) |
Saf-Mec
212.07(a)-(e) |
RSA
541-A:16, I(b)(2) |
Saf-Mec
212.07(f) |
RSA
541-A:30-a, III(l) |
Saf-Mec
212.08 |
RSA
541-A:16, I(b)(2) |
Saf-Mec
212.09 |
RSA
153:33 |
Saf-Mec
213.01 |
RSA
541-A:16, I(b)(2); RSA 541-A:38 |
Saf-Mec
214 |
RSA
541-A:4; RSA 541-A:16, I(c) |
Saf-Mec
215 |
RSA
541-A:11; RSA 541-A:16, I(b)(3) |
Saf-Mec
216 |
RSA
541-A:16, I(d); RSA 541-A:16, II(b) |
Saf-Mec
217 |
RSA
541-A:11, VII |