541-A:30-a Rules for Adjudicative Proceedings. –
I. Subject to paragraph V, each agency shall adopt rules pursuant to RSA 541-A governing the nature and requirement of all formal and informal procedures available in an adjudicative proceeding.
II. The attorney general, in consultation with agencies that conduct adjudicative proceedings, and with the approval of the director of the office of legislative services, shall draft proposed rules on model procedures relative to adjudicative proceedings and request a fiscal impact statement pursuant to RSA 541-A:5 within 90 days of the effective date of this section. The attorney general shall adopt the model rules pursuant to RSA 541-A on behalf of agencies, for purposes described in paragraph V, that do not have adopted effective rules on adjudicative proceedings. The attorney general shall amend the model rules pursuant to RSA 541-A as necessary after consultation and approval as required for the original proposed model rules. Neither the original proposed model rules nor any amendments shall be adopted by the attorney general unless the committee has voted to approve them. Notwithstanding RSA 541-A:17, I, the original model rules and any amendments shall not expire.
III. The model rules adopted pursuant to paragraph II, and all rules on adjudicative proceedings, unless authorized otherwise by statutes governing an agency, shall address at least the following areas:
(a) Filing and service of documents;
(b) Appearances before agencies;
(c) Procedures for pre-hearing exchange of information;
(d) Burden of proof;
(e) Standard of proof;
(f) Computation of time periods;
(g) Roles of complainants, intervenors, and agency staff in disciplinary and enforcement proceedings;
(h) Continuances;
(i) Reopening of the record;
(j) Waiver of rules governing adjudicative proceedings;
(k) Procedure and criteria for the withdrawal of a presiding officer; and
(l) Retention schedule for written decisions or orders pursuant to RSA 541-A:35, subject to any longer periods for retention set by the director of the division of archives and records management of the department of state pursuant to rules adopted under RSA 5:40.
IV. Each agency may adopt, pursuant to RSA 541-A, the text of the model rules. In order to adopt any supplements or modifications to the model rules, each agency shall adopt, pursuant to RSA 541-A, the text of the model rules as amended by the supplements or modifications.
V. Notwithstanding the provisions of RSA 541-A:22, I, an agency shall apply the model rules as necessary in a particular adjudicative proceeding to the extent that the agency's rules or governing statutes do not address the procedures in the model rules, and provided that:
(a) Such use shall not conflict with a statute, judicial decision, or other rules of the agency;
(b) Notice shall be given to all parties with the notice pursuant to RSA 541-A:31, III of the extent to which the model rules will apply to the proceeding; and
(c) The agency shall provide copies of the notice to the attorney general, the director of the office of legislative services, and the joint legislative committee on administrative rules.
VI. A copy of the written decision or order pursuant to RSA 541-A:35 shall be readily available to the public pursuant to the provisions of RSA 91-A unless:
(a) Otherwise provided by statute; or
(b) The written decision or order has been disposed after a retention period adopted pursuant to paragraph III.
VII. Each agency shall retain a copy of the verbatim recording of all oral proceedings pursuant to RSA 541-A:31, VII at least 30 days after the opportunity for all administrative and judicial appeals has been exhausted.
VIII. The attorney general shall prepare and distribute to all agencies authorized to conduct contested cases copies of the model rules and any amendments thereto, along with recommended guidelines for presiding officers in an adjudicative proceeding. These guidelines shall be available to the public pursuant to RSA 91-A. The guidelines shall be updated annually to address relevant changes in statutes, rules, or judicial decisions. Each agency that receives the guidelines shall provide a copy to all presiding officers in a contested case and to all members of the agency who may render the final decision in a contested case.
Source. 1998, 298:2, eff. July 1, 1998. 2003, 97:4, eff. Aug. 5, 2003.