App 100-500

CHAPTER App 100 ORGANIZATION

Statutory Authority: RSA 278:3, IX

PART App 101 PURPOSE AND APPLICABILITY

App 101.01 Purpose. RSA 278, Apprenticeship Programs in Trade and Industry, authorizes and directs the New Hampshire state apprenticeship council to establish and promote the recruitment and selection of apprentices, and to ensure compliance with equal opportunity and affirmative action in apprenticeship. The purpose of these rules is to set forth standards necessary to safeguard the welfare of apprentices whose apprenticeship agreements have been accepted and voluntarily registered by the New Hampshire state apprenticeship council (SAC).

Source. #6364-A, eff 10-29-96

App 101.02 Applicability. These rules shall apply to any person, firm, corporation, trade association, or craft group only after such person, firm, corporation, trade association, or craft group has voluntarily elected to enter into the provisions within, through registration of an apprenticeship program with the New Hampshire state apprenticeship council.

Source. #6364-A, eff 10-29-96

PART App 102 DEFINITIONS

App 102.01 "Apprentice" means any person employed under an apprenticeship program registered with any state apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training (BAT), Employment and Training, U.S. Department of Labor or registered with BAT itself and individually registered with the state apprenticeship council or BAT.

Source. #6364-A, eff 10-29-96

App 102.02 "Apprenticeship agreement" means a written agreement between an apprentice and the sponsor, which contains the terms and conditions of the employment and training of the apprentice.

Source. #6364-A, eff 10-29-96

App 102.03 "Apprenticeship committee" means those persons designated by employers(s), representatives of a bonafide collective bargaining agent(s), and or representative(s) of workers who are not represented by a collective bargaining agent, to act in the administration of the apprenticeship program.

Source. #6364-A, eff 10-29-96

App 102.04 "Apprenticeship program" means a plan containing all terms and conditions for qualification, recruitment, selection, employment and training of apprentices, including the requirement for a written apprenticeship agreement, that has been approved by and registered with the New Hampshire state apprenticeship council.

Source. #6364-A, eff 10-29-96

App 102.05 "Apprenticeship standards" means the written document approved by and registered with the New Hampshire state apprenticeship council, which sets forth the minimum labor standards required by 29 CFR 29 for training and the apprentice in a specified firm, corporation, trade or craft.

Source. #6364-A, eff 10-29-96

App 102.06 "Cancellation" means the termination of the registration or approval status of a program at the request of the sponsor or termination of an apprenticeship agreement at the request of the apprentice.

Source. #6364-A, eff 10-29-96

App 102.07 "Council" means the New Hampshire state apprenticeship council.

Source. #6364-A, eff 10-29-96

App 102.08 "Employer" means any person or organization employing an apprentice, whether or not such person or organization is a party to an apprenticeship agreement with the apprentice.

Source. #6364-A, eff 10-29-96

App 102.09 "Registration of an apprenticeship agreement" means the acceptance and recording of documents by the council as evidence of the participation of the apprentice in a particular registered apprenticeship program.

Source. #6364-A, eff 10-29-96

App 102.10 "Registration of an apprenticeship program" means the acceptance and recording of such program by the council as meeting the basic standards and requirement of these rules and of 29 CFR 29 and 29 CFR 30.

Source. #6364-A, eff 10-29-96

App 102.11 "Related instruction" means an organized and systematic form of instruction designed to provide an apprentice with knowledge of the theoretical and technical subjects related to his/her trade.

Source. #6364-A, eff 10-29-96

App 102.12 "Sponsor" means any person, association, committee or organization operating an apprenticeship program, and in whose name the program is, or is to be, registered.

Source. #6364-A, eff 10-29-96

CHAPTER App 200 COMPLAINTS AND HEARINGS

PART App 201 COMPLAINT AND HEARING PROCEDURES

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

Source. #6364-B, eff 10-29-96; ss by #7864-A, eff 4-1-03

PART App 202 DEFINITIONS

App 202.01 Definitions.

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

(b) “Hearing” means “adjudicative proceeding” as defined by RSA 541-A1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.” The term does not include public comment hearings under App 214.

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

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

(e) “Party” means “party” as defined by RSA 541-A1, XII, namely, “each person or board named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”

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

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

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

Source. #7864-A, eff 4-1-03

PART App 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

App 203.01 Presiding Officer; Appointment; Authority.

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

(3) Administer oaths and affirmations;

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

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

(6) Question any person who testifies;

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

(8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

Source. #7864-A, eff 4-1-03

App 203.02 Withdrawal of Presiding Officer.

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

(b) Good cause shall exist if a presiding officer or council member:

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

(2) Has made any statement or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

Source. #7864-A, eff 4-1-03

App 203.03 Waiver or Suspension of Rules by Presiding Officer. The presiding officer upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient settlement of issues pending before the council than would adhere to a particular rule or procedure.

Source. #7864-A, eff 4-1-03

PART App 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

App 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 council on the actual date of receipt by the council, as evidenced by a date stamp placed on the document by the council in the normal course of business.

Source. #7864-A, eff 4-1-03

App 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 ½ 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 App 204.03.

(b) A party’s or representative’s signature on a document filed with the council 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. #7864-A, eff 4-1-03

App 204.03 Delivery of Documents.

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

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

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

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

Source. #7864-A, eff 4-1-03

PART App 205 TIME PERIODS

App 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. #7864-A, eff 4-1-03

PART App 206 MOTIONS AND PLEADINGS

App 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.

(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. #7864-A, eff 4-1-03

App 206.02 Pleadings.

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

(b) All petitions shall contain:

(1) The name and address of the petitioner;

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

(3) A concise statement of the facts that caused the petitioner to request the council to act;

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

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

(1) The name and address of the petitioner;

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

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

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

(5) A concise response to each statement;

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

(7) The action the council took.

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

Source. #7864-A, eff 4-1-03

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

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

Source. #7864-A, eff 4-1-03

App 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 council.

Source. #7864-A, eff 4-1-03

App 207.03 Notice of Hearing.

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

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

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

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

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

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

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

Source. #7864-A, eff 4-1-03

App 207.04 Appearances and Representation.

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

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

(2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

(3) The party or representative’s daytime address and telephone number.

Source. #7864-A, eff 4-1-03

App 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;

(d) Limitations on the number of witnesses;

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

(f) Consolidation of examination of witnesses; and

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

Source. #7864-A, eff 4-1-03

PART App 208 ROLES OF COUNCIL STAFF AND COMPLAINANTS

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

Source. #7864-A, eff 4-1-03

App 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 council about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

Source. #7864-A, eff 4-1-03

PART App 209 INTERVENTION

App 209.01 Intervention.

(a) A non-party may intervene in a matter pending before a council under the provisions of RSA 541-A:32 by filing a Petition 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 and if the petitioner has an interest in the proceeding and has clearly stated this interest he or she shall grant the Petition for intervention.

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

(d) Petitions for intervention shall state:

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

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

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

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

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

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

Source. #7864-A, eff 4-1-03

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

App 210.01 Postponements.

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

(b) If a postponement is requested by a party or intervener 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, interveners, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties and interveners 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. #7864-A, eff 4-1-03

App 210.02 Failure to Attend Hearing. If any party or intervener to whom notice has been given in accordance with App 207.03 fails to attend a hearing and such failure was beyond the parties control the presiding officer shall declare that party or intervener to be in default and shall either:

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

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

Source. #7864-A, eff 4-1-03

PART App 211 REQUESTS FOR INFORMATION OR DOCUMENTS

App 211.01 Voluntary Production of Information.

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

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

Source. #7864-A, eff 4-1-03

App 211.02 Motions to Compel Production of Information.

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

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

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

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

(c) When a party or intervener 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. #7864-A, eff 4-1-03

App 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the parties and interveners 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. #7864-A, eff 4-1-03

PART App 212 RECORD, PROOF EVIDENCE AND DECISIONS

App 212.01 Record of the Hearing.

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

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

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

Source. #7864-A, eff 4-1-03

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

Source. #7864-A, eff 4-1-03

App 212.03 Testimony; Order of Proceeding.

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

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

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

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

Source. #7864-A, eff 4-1-03

App 212.04 Evidence.

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

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

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

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

Source. #7864-A, eff 4-1-03

App 212.05 Proposed Findings of Fact and Conclusions of Law.

(a) Any party or intervener 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 intervener, 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. #7864-A, eff 4-1-03

App 212.06 Closing the Record.

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

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

Source. #7864-A, eff 4-1-03

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

Source. #7864-A, eff 4-1-03

App 212.08 Decisions.

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

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

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

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

(e) A council 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. #7864-A, eff 4-1-03

PART App 213 MOTION FOR REHEARING

App 213.01 Service of Order. An adjudicatory order of the council shall not be final until the date it is served upon the parties and interveners pursuant to App 204.03.

Source. #7864-A, eff 4-1-03

App 213.02 Motion Allowed. Motions for reconsideration after a council hearing shall be allowed pursuant to RSA 541:3.

Source. #7864-A, eff 4-1-03

App 213.03 Filing and Content of Motion.

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

(b) A motion for rehearing shall:

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

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

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

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

Source. #7864-A, eff 4-1-03

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

Source. #7864-A, eff 4-1-03

App 213.05 Decision on Motion for Rehearing. The council 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. #7864-A, eff 4-1-03

PART App 214 RULEMAKING HEARINGS

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

Source. #7864-A, eff 4-1-03

App 214.02 Scope.

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

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

Source. #7864-A, eff 4-1-03

App 214.03 Notice.

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

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

Source. #7864-A, eff 4-1-03

App 214.04 Media Access.

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

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

(1) Limit the number of media representatives when their presence is disproportionate to the number of citizens present and would cause citizens to be excluded;

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

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

Source. #7864-A, eff 4-1-03

App 214.05 Moderator.

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

(b) The moderator shall:

(1) Call the hearing to order;

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

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

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

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

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

(7) Adjourn the hearing; and

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

Source. #7864-A, eff 4-1-03

App 214.06 Public Participation.

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

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

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

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

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

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

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

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

Source. #7864-A, eff 4-1-03

PART App 215 PETITIONS FOR RULEMAKING

App 215.01 Petition for Rulemaking.

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

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

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

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

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

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

Source. #7864-A, eff 4-1-03

App 215.02 Disposition of Petition.

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

(b) The council shall deny the petition in the case of any of the following:

(1) If the data or agreement fails to support the petition;

(2) The petition is not within the council’s rulemaking authority;

(3) The petition is a duplicate of a existing rule or statutory provision already in existence;

(4) The petition recreates inconsistency within the existing rule and the statutory mandate of the council; or

(5) The petition is inconsistant with another administrative rule.

Source. #7864-A, eff 4-1-03

PART App 216 DECLARATORY RULINGS

App 216.01 Petitions.

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

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

(1) The exact ruling being requested; and

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

Source. #7864-A, eff 4-1-03

App 216.02 Action on Petitions.

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

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

Source. #7864-A, eff 4-1-03

PART App 217 EXPLANATION AFTER ADOPTION.

App 217.01 Explanation after Adoption.

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

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

Source. #7864-B, eff 4-1-03

CHAPTER App 300 APPRENTICESHIP ELIGIBILITY

PART App 301 ELIGIBILITY AND PROCEDURE FOR COUNCIL REGISTRATION

App 301.01 Eligibility.