CHAPTER Tre 200 PROCEDURAL RULES
Statutory Authority: RSA 6:3-a and RSA 541-A:16, I(b)
Tre 201.01 Purpose. This chapter provides procedural rules for
the conduct of hearings before the treasury and establishes procedures for
acquiring sufficient information to make fair and reasoned decisions.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 201.02 Scope. This chapter provides rules for the conduct
of adjudicative hearings in contested cases, non-adjudicative hearings in
instances where a hearing is required to administer laws or programs within the
treasury’s jurisdiction such as public hearings for rulemaking, issuance of
declaratory rulings, and action on rulemaking petitions. These rules shall apply to all persons.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 202 DEFINITIONS
Tre 202.01 Definitions.
(a) “Agency” means
“agency” as defined by RSA 541-A:1, II, namely, “each state board, commission,
department, institution, officer, or any other state official or group, other
than the legislature or the courts, authorized by law to make rules or
determine contested cases.”
(b)
"Appearance" means a written notification to the treasury that
a party or a party's representative intends to actively participate in a
hearing.
(c)
"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."
(d)
"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.
(e) "Natural
person" means a human being.
(f)
"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 proceeding, subject to any limitations established pursuant to RSA
541-A:32,III.
(g)
"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 an agency."
(h) "Presiding
officer" means presiding officer as defined in RSA 541-A:1, XIV, namely,
"that individual to whom the treasury has delegated the authority to
preside over a proceeding, if any; otherwise it shall mean the head of the
treasury."
(i) "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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF
RULES
Tre 203.01 Presiding Officer;
Appointment; Authority.
(a) All hearings
shall be conducted for the treasury by a natural person appointed or authorized
to serve as a presiding officer.
(b) A presiding
officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution of an
appeal;
(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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 203.02 Withdrawal
of Presiding Officer or Treasury Official.
(a) Upon his or her
own initiative or upon the motion of any party, a presiding officer or treasury
official shall, for good cause withdraw from any hearing.
(b) Good cause shall
exist if a presiding officer or treasury official:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship
with any party;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c) Mere knowledge
of the issues, the parties or any witness shall not constitute good cause for
withdrawal.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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 reasonable notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be more likely to promote the fair, accurate and efficient resolution
of issues pending before the treasury than would adherence to a particular rule
or procedure.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Tre 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
treasury on the actual date of receipt by the treasury, as evidenced by a date
stamp placed on the document by the treasury in the normal course of business.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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 Tre 204.03.
(b) A party or
representative's signature on a document filed with the treasury 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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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 to the proceeding.
(b) All notices,
orders, decisions or other documents issued by the presiding officer or
treasury 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
(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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 205 TIME PERIODS
Tre 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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 206 MOTIONS
Tre 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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING
CONFERENCES
Tre 207.01 Commencement
of Hearing. A hearing shall be
commenced by an order of the treasury giving notice to the parties as required
by Tre 207.03.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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 treasury.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 207.03 Notice
of Hearing. A notice of a hearing
issued by the treasury shall contain the information required by RSA
541-A:31,III, namely:
(a) A statement of
the time, place and nature of any hearing;
(b) A statement of
the legal authority under which a hearing is to be held;
(c) A reference to
the particular statutes and rules involved including this chapter;
(d) A short and
plain statement of the issues presented; and
(e) A statement that
each party has the right to have an attorney represent them at their own
expense.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 207.04 Appearances and
Representation. A party or the party’s
representative shall file an appearance that includes the following
information:
(a) A brief
identification of the matter;
(b) A statement as
to whether or not the representative is an attorney and if so, whether the
attorney is licensed to practice in
(c) The party or
representative's daytime address and telephone number.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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; or
(g) Any other
matters which aid in the disposition of the proceeding.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 208 ROLES OF DEPARTMENT STAFF AND COMPLAINANTS
Tre 208.01 Role
of Treasury Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses or acting as
presiding officer, treasury staff shall have no role in any enforcement or
disciplinary hearing.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 208.02 Role
of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party
or intervener status, a person who initiates an adjudicative proceeding by complaining
to the treasury about the conduct of person who becomes a party shall have no
role in any enforcement or disciplinary hearing.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 209 INTERVENTION
Tre 209.01 Intervention.
(a) A non-party may
intervene in a matter pending before the treasury 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 intervener 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) Except as
limited by the presiding officer under RSA 541-A:32, III an intervenor shall be
entitled to participate in a hearing as a party.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 210 POSTPONEMENT REQUEST AND FAILURE TO ATTEND
HEARING
Tre 210.01 Request for
Postponement.
(a) Any party to a
hearing may make a written request that a hearing be postponed to a later date
or time.
(b) If a
postponement is requested by a party 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, witnesses or attorneys necessary
to conduct the hearing, the likelihood that a hearing will not be necessary
because the parties 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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 210.02 Failure to Attend
Hearing. If any party to whom notice
has been given in accordance with Tre 207.03 fails to attend a hearing, the
presiding officer shall declare that party to be in default and either:
(a) Dismiss the
case, if the party with the burden of proof fails to appear; or
(b) Hear the
testimony and receive the evidence offered by a party, if that party has the
burden of proof in the case.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 211 REQUESTS FOR INFORMATION OR DOCUMENTS
Tre 211.01 Voluntary
Production of Information.
(a) Each party shall
attempt in good faith to make complete and timely response to requests for the
voluntary production of information or documents relevant to the hearing.
(b) When a dispute
between parties arises concerning a request for the voluntary production of
information or documents, any party may file a motion to compel the production
of the requested information under Tre 211.02.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 211.02 Motions
to Compel Production of Information.
(a) Any party may
make a motion requesting that the presiding officer order the parties to comply
with information requests. 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 hearing if such notice is issued less than 30 days in advance of the
hearing.
(b) The moving
party'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 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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 211.03 Mandatory
Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the
parties 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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 212 RECORD, PROOF, EVIDENCE AND DECISIONS
Tre 212.01 Record
of the Hearing.
(a) The treasury
shall record the hearing by tape recording or other method that will provide a
verbatim record.
(b) If any person
requests a transcript of the taped record, the treasury 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 requesting party.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 212.02 Standard
and Burden of Proof. The party
asserting a proposition shall bear the burden of proving the truth of the
proposition by a preponderance of the evidence.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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 or parties bearing the burden of
proof and such witnesses as the party may call; and
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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 unless the presiding officer determines that all or part of a
transcript or document is exempt from disclosure under RSA 91-A:5 or applicable
case law.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 212.05 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party 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 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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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 paragraph (b) of this section
and Tre 212.07.
(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 the period of time necessary for the party to file the evidence.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 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, 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 to a full and fair
consideration of the issues to be decided.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 212.08 Decisions.
(a) A treasury
official 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 officials of the treasury who are to render a final decision,
the presiding officer shall submit to the treasury 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 a treasury official is adverse
to a party to the proceeding other than the treasury itself, the treasury shall
serve a copy of the proposal for decision on each party to the proceeding and
provide an opportunity to file exceptions and present briefs and oral arguments
to the treasury.
(d) A proposal for
decision shall become a final decision upon its approval by the treasury.
(e) The treasury
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. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 213 MOTION FOR REHEARING
Tre 213.01 Purpose. The rules in this part are intended to
supplement any statutory provisions, including RSA 541, that require or allow a
person to request a rehearing of a decision of the treasury prior to appealing
the decision.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 213.02 Applicability. The rules in this part shall apply whenever
any person has a right under applicable law to request a rehearing of a
decision prior to filing an appeal of the decision with the court having
appellate jurisdiction.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 213.03 Filing
and Content of Motion.
(a) A motion for
rehearing shall be filed within 30 days of the date of the treasury’s 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 wishes to have reconsidered;
(2) Describe how each error causes the treasury’s
decision to be illegal in respect to jurisdiction, authority or observance of
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; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09 (from
Tre 213.02)
Tre 213.04 Standard
for Granting Motion for Rehearing.
(a) A motion for
rehearing in a case subject to appeal under RSA 541 shall be granted if it
demonstrates that the treasury’s decision is unlawful, unjust or unreasonable.
(b) A motion for
rehearing in a case subject to appeal by petition for writ of certiorari shall
be granted if it demonstrates that the treasury’s decision is illegal in
respect to jurisdiction, authority or observance of law, an abuse of discretion
or arbitrary, unreasonable or capricious.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09 (from
Tre 213.03)
Tre 213.05 Decision
on Motion for Rehearing. The
treasury 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. #7589-A, eff 11-7-01; ss by #9575-A, eff
10-22-09 (from Tre 213.04)
PART Tre 214 RULEMAKING
Tre 214.01 Petitions
for Adoption, Amendment, or Repeal of a Rule.
(a) Any interested
person may petition the treasury requesting the adoption, amendment or repeal
of a rule.
(b) Such petitions
shall conform to the requirements set forth in Tre 214.02.
(c) Such petitions
shall be received and handled in the following manner:
(1) Petitions shall be submitted to the
treasurer;
(2) If the treasurer determines that the petition
is deficient, the treasurer shall, within 10 working days of receipt of the
petition notify the petitioner to amend the petition;
(3) Within 30 days of the receipt of an
acceptable petition, the treasurer shall take one of the following actions:
a. Initiate the requested procedure in
accordance with RSA 541-A:3, if the requested action:
1. Is within the treasury’s authority;
2. Is consistent with statutory and case law
affecting the treasury;
3. Would best implement the laws affecting the
treasury or be desirable in order to fulfill the functions of the treasury in
accordance with the law; or
b. Deny the petition, in writing, stating fully
the reasons for denial.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff
10-22-09
Tre 214.02 Petition
Information. Each petition for adoption, amendment, or repeal of
a rule shall:
(a) Be in legible
written form and addressed to the:
State Treasurer
State House Annex, Room 121
(b) Include the
petitioner's name and address and, if applicable, the name and address of the
organization with which the petitioner is associated;
(c) State in detail
why the treasury should make such a ruling;
(d) Cite the rule to
be amended or repealed and specify any amendments to be made or, in the case
where the adoption of a new rule is proposed, the petition shall provide the
text of the proposed rule; and
(e) Be signed and
dated.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 215 DECLARATORY RULINGS
Tre 215.01 Petitions.
(a) Any interested
person may petition the treasury requesting a declaratory ruling on the
applicability of any statute or rule administered or enforced by the treasury.
(b) Such petitions
shall conform to the requirements set forth in Tre 215.02.
(c) Such petitions
shall be received and handled in the following manner:
(1) Petitions shall be submitted to the
treasurer;
(2) If the treasurer determines that a petition
is deficient in any respect, the treasurer shall, within 10 working days of
receipt of the deficient petition, notify the petitioner in writing of the
specific deficiencies and allow the petition to amend the petition; and
(3) When an acceptable petition for declaratory
ruling has be received by the treasurer, the treasurer shall take one of the
following actions:
a. Issue a declaratory ruling responsive to the
petition within 60 days; or
b. If deemed necessary, request the opinion of
the department of justice within 20 working days, and issue a responsive
declaratory ruling within 20 working days of receipt of the department of
justice's reply.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
Tre 215.02 Petition
Information. Each petition for
declaratory ruling shall:
(a) Be in legible
written form and addressed to the:
State Treasurer
State House Annex, Room 121
(b) Include the
petitioner's name and address and, if applicable, the name and address of the
organization with which the petitioner is associated;
(c) State in detail
why the treasury should make such a declaratory ruling;
(d) Cite the rule
and provide all information in the petitioner’s possession or available to the
petitioner, which is material to the declaratory ruling; and
(e) Be signed and
dated.
Source. #7589-A,
eff 11-7-01; ss by #9575-A, eff 10-22-09
PART Tre 216 CONDUCT OF RULEMAKING HEARINGS
Tre 216.01 Applicability. This part shall apply to hearings conducted
by treasury when treasury proposes to adopt, amend or repeal a rule.
Source. #9575-A,
eff 10-22-09 (formerly 215.01)
Tre 216.02 Notice. Notice of the date, time and place for
hearings shall be by publication in the rulemaking register as required by RSA
541-A.
Source. #9575-A,
eff 10-22-09 (formerly 215.03)
Tre 216.03 Record.
(a) A record of the
hearing shall be made by tape recording or some other method that will provide
a verbatim record.
(b) Copies of the
recording shall be provided to the public upon request and payment of the costs
of the tape and staff time to make the copy.
(c) If any person
requests a transcript of the tape, a transcript shall be prepared at the
expense of the person requesting transcription.
(d) If the
transcript is made at the request of someone other than treasury, the person
requesting the transcript shall make it available to treasury for copying. If
treasury prepares a transcript on its own initiative, treasury shall provided copies
at the statutory rate to any person requesting it.
Source. #9575-A,
eff 10-22-09 (formerly 215.04)
Tre 216.04 Presiding
Officer. The presiding officer shall
be the treasurer or the treasurer’s designee.
Source. #9575-A,
eff 10-22-09 (formerly 215.05)
Tre 216.05 Opening
the Hearing. The presiding officer
shall open the hearing by describing the purpose of the hearing and the procedures
for providing testimony.
Source. #9575-A,
eff 10-22-09 (formerly 215.06)
Tre 216.06 Testimony.
(a) Any person who desires
to submit written testimony at a rulemaking hearing shall do so to the
presiding officer provided such testimony is signed and dated.
(b) Any person who
desires to testify orally at a hearing shall submit his/her name, address, and
person or entity that s/he is representing, if any, to the presiding officer.
(c) At the
conclusion of the testimony, the person shall remain available to answer any
questions from the presiding officer relative to the person's testimony.
(d) The presiding
officer shall terminate any comments, questions, or discussion from the public
that are not relevant to the subject matter of the hearing.
Source. #9575-A,
eff 10-22-09 (formerly 215.07)
Tre 216.07 Concluding
the Hearing. When the presiding
officer determines that no other persons wish to speak, s/he shall close the
hearing.
Source. #9575-A,
eff 10-22-09 (formerly 215.08)
Tre 216.08 Postponement. Postponement relating to rulemaking hearings
shall be governed by RSA 541-A;11, III and IV.
Source. #9575-A,
eff 10-22-09
PART Tre 217 CONDUCT OF OTHER NON-ADJUDICATIVE HEARINGS
Tre 217.01 Applicability. This part shall apply to hearings conducted
by treasury to receive public comment in those cases that are not contested
cases as defined in RSA 541-A:1 nor are rulemaking hearings.
Source. #9575-B, eff 10-22-09
Tre 217.02 Public
Hearings. A non-adjudicative
non-rulemaking public hearing shall be held at any time when a hearing is not
required by law where the treasurer determines that a public hearing will
benefit the public, the treasury, or both.
Source. #9575-B, eff 10-22-09
Tre 217.03 Notice. Notice of the date, time and place for
hearings shall be given by a method consistent with the requirements of RSA
91-A.
Source. #9575-B, eff 10-22-09
Tre 217.04 Record.
(a) A record of the
hearing shall be made by tape recording or some other method that will provide
a verbatim record.
(b) Copies of the recording
shall be provided to the public upon request and payment of the costs of the
tape and staff time to make the copy.
(c) If any person
requests a transcript of the tape, a transcript shall be prepared at the
expense of the person requesting transcription.
(d) If the
transcript is made at the request of someone other than treasury, the person
requesting the transcript shall make it available to treasury for copying. If
treasury prepares a transcript on its own initiative, treasury shall provided
copies at the statutory rate to any person requesting it.
Source. #9575-B, eff 10-22-09
Tre 217.05 Presiding
Officer. The presiding officer for
non-adjudicative non-rulemaking public hearings held by the treasury shall be
the treasurer or the treasurer's designee.
Source. #9575-B, eff 10-22-09
Tre 217.06 Opening
the Hearing. The presiding officer
shall open the hearing by describing the purpose of the hearing and the
procedures for providing testimony.
Source. #9575-B, eff 10-22-09
Tre 217.07 Testimony.
(a) Any person who
desires to submit written testimony shall do so to the presiding officer
provided such testimony is signed and dated.
(b) Any person who
desires to testify orally shall submit his/her name, address, and person or
entity that s/he is representing, if any, to the presiding officer.
(c) At the
conclusion of the testimony, the person shall remain available to answer any
questions from the presiding officer relative to the person's testimony.
(d) The presiding
officer shall terminate any comments, questions, or discussion from the public
that are not relevant to the subject matter of the hearing.
Source. #9575-B, eff 10-22-09
Tre 217.08 Concluding
the Hearing. When the presiding officer determines that no other persons
wish to speak, s/he shall close the hearing.
Source. #9575-B, eff 10-22-09
Tre 217.09 Postponement.
(a) Postponement in
non-adjudicative hearings other than rulemaking hearings shall be granted when
the presiding officer determines that a postponement is consistent with the
public good, after weighing the prejudice caused to any person by failing to
grant the postponement versus the benefit to the public of granting the
postponement.
(b) Notice for the
date, time and location for the postponement of any hearing granted under (a)
above shall be given in the same manner as the notice for the initial hearing
was given.
Source. #9575-B, eff 10-22-09
PART Tre 218 EXPLANATION OF AN ADOPTED RULE
Tre 218.01 Requests.
(a) Any person may
request, within 30 days from final adoption, an explanation of a rule.
(b) The explanation shall
include:
(1) The reasons offered by the public for and
against the adoption of the rule in question; and
(2) Treasury's reasons for overruling any public
comments and testimony against the adoption of the rule.
Source. #9575-B, eff 10-22-09
PART Tre 219 WAIVER OR SUSPENSION OF RULES
Tre 219.01 Petitions.
(a) Any interested
person may request the treasurer to waive or suspend any rule. A waiver shall
be requested by filing a petition that identifies the rule in question and sets
forth the specific facts and arguments that support the waiver.
(b) Petitions shall
address whether:
(1) Adherence to the rule would cause the
petitioner hardship;
(2) Waiver or suspension of the rule would be
consistent with the statutes and regulatory programs administered by the
treasury;
(3) Waiver or suspension of the rule would injure
third persons;
(4) Waiver or suspension is necessary due to
factors outside the control of the petitioner; or
(5) Other good cause consistent with the above
reasons exists.
Source. #9575-B, eff 10-22-09
Tre 219.02 Notice. If examination of the petition reveals that the
proposed relief may substantially affect other persons, the treasurer shall
require the petitioner to provide notice to those persons. The treasury shall
afford affected persons the opportunity for hearing prior to ruling on the
request for waiver.
Source. #9575-B, eff 10-22-09
Tre 219.03 Standard.
Within 30 days of the receipt of a complete petition for waiver, or
within 30 days from the conclusion of a hearing regarding a waiver request, the
treasurer shall either grant or deny the petition in writing.
(a) A petition for
waiver or suspension of a rule that does not allege material facts, which, if
true, would be sufficient to support the requested waiver, shall be denied
without further notice or hearing. A
written denial shall state fully the reasons for the denial.
(b) A request for
waiver shall be granted for good cause.
For the purposes of this section, good cause shall be deemed to exist
if, at a minimum, the petitioner has demonstrated that:
(1) Adherence to the rule would cause the
petitioner hardship;
(2) Waiver or suspension of the rule would be
consistent with the statutes and regulatory programs administered by treasury;
(3) Waiver or suspension of the rule would not
injure third persons; and
(4) Waiver or suspension is necessary due to
factors outside the control of the petitioner.
Source. #9575-B, eff 10-22-09
APPENDIX
RULE |
STATUTE IMPLEMENTED |
Tre 201 |
RSA 541-A:30-a, I |
Tre 202 |
RSA 541-A:30-a, I |
Tre 203.01 |
RSA 541-A:30-a, I and RSA
541-A:31-36 |
Tre 203.02 |
RSA 541-A:30-a, III(k) |
Tre 203.03 |
RSA 541-A:30-a, III(j) and
RSA 541-A:37 and 38 |
Tre 204 |
RSA 541-A:30-a, III(a) |
Tre 205 |
RSA 541-A:30-a, III(f) |
Tre 206 |
RSA541-A:30-a, III(a) |
Tre 207.01 - 207.02 |
RSA 541-A:31, I, II |
Tre 207.03 |
RSA 541-A:31, III |
Tre 207.04 |
RSA 541-A:30-a, III(b) |
Tre 207.05 |
RSA 541-A:30-a, III(c) and
RSA 541-A:31, V |
Tre 208 |
RSA 541-A:30-a, III(g) |
Tre 209 |
RSA 541-A:30-a, III(g) and
RSA 541-A:32 |
Tre 210 |
RSA 541-A:30-a, III(a),
(b) and (h) |
Tre 211 |
RSA 541-A:30-a, III(c) |
Tre 212.01 |
RSA 541-A:31, VII |
Tre 212.02 |
RSA 541-A:30-a, III(d) and
(e) |
Tre 212.03-212.04 |
RSA 541-A:30-a, III(d) and
RSA 541-A:33 |
Tre 212.05 |
RSA 541-A:35 |
Tre 212.06 |
RSA 541-A:31 and A:33 |
Tre 212.07 |
RSA 541-A:30-a, III(i) |
Tre 212.08 |
RSA 541-A:35 |
Tre 213 |
RSA 541 and RSA
541-A:30-a, III(a) |
Tre 214 |
RSA 541-A:4; RSA 541-A:16,
I(c) |
Tre 215 |
RSA 541-A:16, I(d) |
Tre 216 |
RSA 541-A:3, IV; RSA
541-A:11 and RSA 541-A:16, I (b)(3) |
Tre 214.01 |
RSA 541-A:16, I(c) |
Tre 214.02 |
RSA 541-A:16, I(d) |
Tre 214.03 |
RSA 541-A:16, I(c) and (d) |
Tre 214.04 |
RSA 541-A:16, I(b) and RSA
541-A:22, IV |
Tre 215.01 |
RSA 541-A:3 |
Tre 215.02 |
RSA 541-A:3 |
Tre 215.03 |
RSA 541-A:3 |
Tre 215.04 |
RSA 541-A:3 |
Tre 215.05 |
RSA 541-A:3 |
Tre 215.06 |
RSA 541-A:3 |
Tre 215.07 |
RSA 541-A:3 |
Tre 215.08 |
RSA 541-A:3 |
Tre 215.09 |
RSA 541-A:3 |
Tre 215.10 |
RSA 541-A:11,VII |
Tre 217 |
RSA 541-A:11 |
Tre 218 |
RSA 541-A:11, VII |
Tre 219 |
RSA 541-A:22, IV |