ARBITRATION
BOARD
c/o
Department of Safety
CHAPTER Arb 100 ORGANIZATIONAL RULES
Statutory
Authority: RSA 357-D:5 and 21-G:10
PART Arb 101 DEFINITIONS OF TERMS
Arb 101.01 Definitions.
(a) "Board" means "board" as
defined in RSA 357-D:2, I.
(b) "New Motor Vehicle" means "new
motor vehicle" as defined in RSA 357-D:2, XIII.
(c) "Nonconformity" means
"nonconformity" as defined in RSA 357-D:2, XIV.
(d) "Warranty" means
"warranty" as defined in RSA 357-D:2, XV.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6993,
eff 5-7-99
PART Arb 102 DESCRIPTION
Arb 102.01 Composition of the Board. Pursuant to RSA 357-D:5, I, the board shall
consist of 5 members and 3 alternate members appointed by the governor and
council for a term specified by law.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92; ss by #6184, eff 2-15-96; ss by #6993, eff 5-7-99
Arb 102.02 Duties of the Board. The responsibilities of the board include:
(a) Adopting rules under RSA 357-D:5, III;
(b) Providing a
speedy, impartial and less costly resolution to new motor vehicle warranty
nonconformities through an arbitration procedure established under Arb 200.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6993,
eff 5-7-99
CHAPTER Arb 200 MOTOR VEHICLE ARBITRATION
Statutory
Authority: RSA 357-D:5,III and 21-G:10.
PART Arb 201 SCOPE
Arb 201.01 Applicability.
(a)
These rules shall apply to consumers whose vehicle in dispute is:
(1) Under the original manufacturer's warranty;
and
(2) Still in the legal possession of said consumer
at the time of the filing of the Demand for Arbitration, form CPMVA-2, and
throughout the arbitration process.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by #8996,
eff 9-28-07
Arb 201.02 Waiver. The board shall not permit a waiver of these
rules.
Source. #7188, eff 1-5-00; ss by #8996, eff 9-28-07
PART Arb 202 DEFINITIONS
Arb 202.01 "Board" means "board" as
defined in RSA 357-D:2,I.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92; ss by #5730, eff 10-27-93;
ss by #6994, eff 5-7-99; amd by #7188, eff 1-5-00; amd by #8882, INTERIM, eff 5-5-07, EXPIRES: 11-1-07; ss by 8996, eff 9-28-07
Arb 202.02 "Consumer" means
"consumer" as defined in RSA 357-D:2,III.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
Arb 202.03 “Gross weight” means “gross vehicle weight
rating” as defined in RSA 259:38-b.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
Arb 202.04 "Hearing" means the arbitration
procedure, established under RSA 357-D, in which the legal rights, duties,
immunities and privileges of the parties are determined by the board.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
Arb 202.05 "Lessee" means "lessee"
as defined in RSA 357-D:2,VIII.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
Arb 202.06 "Lessor" means a person who leases
a motor vehicle to a lessee pursuant to a written agreement for a term of 2 or
more years.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
Arb 202.07 "Manufacturer" means
"manufacturer" as defined in RSA 357-D:2,IX.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
Arb 202.08 “Motor vehicle” means “motor vehicle” as
defined in RSA 357-D:2,X.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
Arb 202.09 “Party” means “party” as defined in RSA
541-A:1,XII.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
Arb 202.10 “Working days” means days exclusive of
Saturdays, Sundays, and state and federal holidays.
Source. #8996,
eff 9-28-07 (from Arb 202.01)
PART Arb
203 PREHEARING PROCEDURES
Arb 203.01 Request for Hearing.
(a)
A consumer or lessee shall request a hearing before the board on the
demand for arbitration, form CPMVA-2, provided by the manufacturer as specified
in RSA 357-D:4, I.
(b)
A legible photocopy of the request for a hearing, together with legible
photocopies of all supporting data filed with the board, shall be sent by the
consumer or lessee to the manufacturer or lessor.
(c)
All parties shall furnish the board with 6 legible photocopies, and all
opposing parties with one legible photocopy, of any document they request to be
entered as part of the record, no later than 5 working days prior to the date
of the scheduled hearing.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99; amd
by #7188, eff 1-5-00; amd by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.02 Filing Fee.
(a)
Pursuant to RSA 357-D:4, III, a filing fee shall be paid by the consumer
or lessee and the manufacturer as follows:
(1) The consumer or lessee shall submit the fee,
upon filing the demand for arbitration, form CPMVA-2; and
(2) The manufacturer shall submit the fee, upon
receipt of notice that the demand for arbitration has been accepted by the
board.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99 EXPIRED: 5-7-07; ss by #8882, INTERIM,
eff 5-5-07, EXPIRES: 11-1-07; ss by 8996, eff 9-28-07
Arb 203.03 Manufacturer's Response.
(a)
The manufacturer shall:
(1) Comply with all requests for documents
specified by the consumer or lessee in section 6 of Demand for Arbitration,
form CPMVA-2;
(2) Provide the board 6 legible photocopies, and
all opposing parties, one legible photocopy, of dealer generated work orders, reports
or other similar documents including notes or notations made thereon regarding
maintenance or other work performed on the vehicle subject to arbitration; and
(3) Provide the board 6 legible photocopies, and
all opposing parties one legible photocopy of any recall notice, policy
bulletin or technical service bulletin issued by the manufacturer which
reasonably relates to the condition of the make, model or type of vehicle which
is the subject of the consumer's demand for arbitration.
(b)
Upon a demand for arbitration by the consumer or lessee to the board,
the board shall mail or electronically transmit a manufacturer's response form
to the manufacturer named in the demand or its representative.
(c)
The manufacturer shall provide the following on the manufacturer's
response form:
(1) An acknowledgment of the date on which the
manufacturer received the consumer or lessee's demand for a hearing;
(2) Any assertion of a defense(s) pursuant to RSA
357-D:3,VI, if any;
(3) A statement as to why the consumer or lessee
should not be entitled to the requested relief; and
(4) The signature of a representative of the
manufacturer.
(d)
The manufacturer's response shall be mailed or hand-delivered to the
consumer or lessee and the board, no later than 5 working days prior to the
date of the scheduled hearing.
(e)
If the manufacturer settles with the consumer or lessee within 10 days
of the date the demand for arbitration, form CPMVA-2, is accepted by the board,
the manufacturer shall be relieved of filing the manufacturer's response form.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99; amd
by #7188, eff 1-5-00; amd by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07
Arb 203.04 Manufacturer's Final Repair
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.05 Notice of Hearing.
(a)
The board shall schedule the date, time and place of the hearing. The date shall be scheduled within the time
period permitted by RSA 357-D:4, IV.
(b)
The notice shall:
(1) Comply with RSA 541-A:31, III;
(2) Include information regarding continuances
pursuant to Arb 203.06;
(3) Be in writing; and
(4) Be delivered to all parties by mail, in hand or
by electronic transmission.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.06 Continuances.
(a)
The board shall grant up to a 30-day extension of time to schedule a
hearing pursuant to RSA 357-D:4, IV if a party demonstrates exigent circumstances.
(b)
Exigent circumstances shall include:
(1) Hospitalization;
(2) Serious illness;
(3) Incarceration;
(4) Death of a family member; or
(5) Any other unforeseeable circumstances beyond the
party’s control that requires the party’s absence from the scheduled hearing.
(c)
All requests for continuances shall:
(1) Be in writing;
(2) Be received by the board no later than 5
working days prior to the date of the scheduled hearing; and
(3) Include:
a. The reason for the request; and
b. Optional dates when the party shall be
available.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.07 Legal Representation.
(a)
Parties may be represented:
(1) Pro se;
(2) By legal counsel; or
(3) Pursuant to RSA 311:1 by any citizen of good
character.
(b)
If an attorney files an appearance on behalf of a party, all subsequent
correspondence from the board and all other parties shall be forwarded to the
attorney.
(c)
In the event an attorney withdraws, the party that had been represented
by the attorney shall notify the board in writing, allowing subsequent
correspondence from the board and all other parties to be forwarded directly to
the party.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92, EXPIRED 9-3-98
New. #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99; amd
by #7188, eff 1-5-00; amd by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.08 Public Access.
(a)
All arbitration hearings shall be open to the public.
Source. #5349, INTERIM, eff 3-10-92, EXPIRED 7-8-92
New. #5461, eff 9-3-92; amd
by #6202, eff 3-13-96; ss by #6866, INTERIM, eff 10-7-98, EXPIRED 2-4-99
New. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.09 Election of a Remedy.
(a)
If a consumer or lessee has elected to use the dispute settlement
mechanism or the arbitration provisions established by the manufacturer,
pursuant to RSA 357-D:4, I, the consumer shall be precluded from raising those
particular defects before the board.
(b)
A consumer or lessee who has discontinued financing or lease payments
shall not be eligible to pursue a remedy under this chapter pursuant to RSA 357-D:4,II.
Source. #6202, eff 3-13-96; ss by #6994, eff 5-7-99;
ss by #8882, INTERIM, eff 5-5-07, EXPIRES: 11-1-07; ss by 8996, eff 9-28-07
Arb 203.10 Withdrawal of Request for Hearing.
(a)
A consumer or lessee may withdraw his/her request for a hearing in
writing to the board.
(b)
Pursuant to RSA 357-D:4, V, if a consumer or lessee withdraws his/her
request for a hearing due to corrective work done by the manufacturer, the
consumer or lessee may recommence his/her request for a hearing, if the
corrective work is unsatisfactory.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.11 Discovery.
(a)
All parties shall be provided with all documents and records requested
relative to the issues raised in the demand for arbitration no later than 5
working days prior to the date of the scheduled hearing.
(b)
All discovery requests shall be in writing and shall be honored unless
the board rules that the request is not relevant to an issue subject to
arbitration.
(c)
All documents provided by the manufacturer pursuant to Arb 203.03 shall
be presumed to be relevant to any claim for arbitration considered by the
board.
Source. #6994, eff 5-7-99; amd
by #7188, eff 1-5-00; amd by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.12 Prehearing Conferences.
(a)
A prehearing conference shall:
(1) Be scheduled on the motion of the board or at
the request of a party;
(2) Consider the topics under RSA 541-A:31, V(c);
and
(3) Be conducted by a member of the board
designated by the chair of the board.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 203.13 Computation of Time Periods.
(a)
In computing any period of time prescribed or allowed by these rules or
RSA 357-D:
(1) The day of the act, event, or default after
which the designated period of time begins to run shall not be included; and
(2) The last day of the period so computed shall be
included unless it is a Saturday, Sunday, or legal holiday, in which event the
period shall extend until the end of the next day that is not a Saturday,
Sunday, or legal holiday as specified in RSA Ch. 288.
Source. #7188, eff 1-5-00; ss by 8996, eff 9-28-07
Arb 203.14 Burden of Proof. Unless otherwise specified by law or these
rules, the burden of proof shall be on the moving party.
Source. #7188, eff 1-5-00; ss by 8996, eff 9-28-07
Arb 203.15 Intervenors. Unless permitted pursuant to RSA 541-A:32,
intervenors shall not be allowed in any action before the board.
Source. #7188, eff 1-5-00; ss by 8996, eff 9-28-07
Arb 203.16 Agency Staff. At the request of the board, department of
safety staff may be present at any board meeting or proceeding.
Source. #7188, eff 1-5-00; ss by 8996, eff 9-28-07
PART Arb 204 HEARING PROCESS
Arb 204.01 Conduct of Hearing.
(a)
The board shall conduct a hearing on all issues for decision.
(b)
Each party shall have the opportunity to:
(1) Examine all documents and records used at the
hearing;
(2) Have witnesses and cross examine adverse
witnesses;
(3) Express all relevant facts through oral,
written and demonstrative evidence; and
(4) Present and refute any testimony and
evidence.
(c)
All oral testimony shall be presented under oath or affirmation.
(d)
At the opening of a hearing, the presiding chair of the board shall:
(1) Determine the identities of the parties,
their representatives and witnesses;
(2) Obtain the correct spelling and pronunciation
of the names and addresses of the parties, their representatives and witnesses;
(3) Identify the board members and their official
title; and
(4) Summarize the:
a. Purpose of the hearing;
b. Issues involved;
c. Procedural rights of the parties; and
d. Possible consequences of the determination of
the issues.
(e)
The board shall inspect and test drive the motor vehicle subject to
arbitration, as it deems appropriate.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 204.02 Rules of Evidence.
(a)
Arbitration hearings shall not be bound by the rules of evidence.
(b)
All evidence may be introduced, and may include but not be limited to:
(1) Depositions;
(2) Affidavits;
(3) Official documents; and
(4) Testimony or witnesses.
(c)
Applicable statutory and constitutional privileges and immunities
requiring exclusion of evidence in civil proceedings shall be recognized,
provided however, that nothing contained herein shall prohibit a party from
waiving his/her privilege or immunity.
(d)
Pursuant to RSA 541-A:33, II, the board may exclude any irrelevant,
immaterial or unduly repetitive or cumulative evidence.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 204.03 Affirmative Defenses. Pursuant to RSA 357-D:3, VI, the manufacturer
may assert any affirmative defenses. The
consumer or lessee may then introduce evidence to rebut the manufacturer's
case.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 204.04 Motions.
(a)
All motions shall be written unless presented orally at the hearing.
(b)
The board shall rule on a motion when made or take the motion under
advisement.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 204.05 Official Notice. The board shall take official notice pursuant
to RSA 541-A:33, V.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 204.06 Record of Hearing.
(a)
Oral and written evidence and testimony presented at the hearing shall
constitute the record for the purpose of rendering the board's decision and
appeal pursuant to RSA 357-D:6.
(b)
The board shall record all hearings and shall so notify the parties.
(c)
The board shall:
(1) Retain hearing recordings, and written
decisions and orders, for at least 60 days from the date of the final decision;
(2) Provide copies of the information set forth
in (1) above, to any person, as required by RSA 91-A; and
(3) Make available a true and accurate audio
record of the hearing upon receipt of a
$25.00 check or money order,
accompanied by a blank CD or similar item compatible to the type of
recording made. All checks shall be made payable to the State of
(d)
Any person attending a hearing may tape or otherwise record the hearing.
The board, 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 board.
(e)
Any party may request, in writing, a transcript of the hearing no later
than 60 days from the date of the final decision. Pursuant to RSA 91-A:4, IV, the party shall
pay the cost of providing the transcript.
Source. #6994, eff 5-7-99; amd
by #7188, eff 1-5-00; amd by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 204.07 Board Member Withdrawal.
(a)
Each board member shall, at any stage of the hearing process, withdraw
from a case if he/she:
(1) Presently, or in the past, has had a personal
or business relationship with a party, witness or representative that may
hinder him/her from arriving at an impartial decision on the issue(s); or
(2) Cannot render an impartial decision for any
other reason.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 204.08 Decision of the Board.
(a)
For the purpose of rendering a decision, 3 members of the board shall
constitute a quorum.
(b)
The board shall determine whether the consumer or lessee is entitled to
a refund or replacement pursuant to RSA 357-D:4,VI.
(c)
All decisions shall be reached on the basis of a preponderance of the
evidence.
(d)
The decision shall be in writing and set forth findings of fact,
conclusions of law and a final disposition.
(e)
The decision of the board shall be rendered within 30 days of the
conclusion of the hearing pursuant to RSA 357-D:5,IV.
(f)
In those cases in which a vehicle is determined to have a serious safety
defect pursuant to RSA 357-D:12, the board shall state in its decision that the
vehicle shall not be resold in New Hampshire, pursuant to RSA 357-D:12, II.
(g)
If a vehicle is determined to have a serious safety defect pursuant to
(f) above, the board shall notify the department of safety, division of motor
vehicles, title bureau, by forwarding it a copy of the board’s decision.
(h)
The decision shall be mailed to the parties.
Source. #6994, eff 5-7-99; ss by #8882, INTERIM, eff
5-5-07, EXPIRES: 11-1-07; ss by 8996, eff
9-28-07
Arb 204.09 Reopening of Cases.
(a)
A case shall be reopened when:
(1) A party alleges the existence of
newly-discovered evidence which due diligence would not have discovered prior
to the hearing; or
(2) A party alleges any material error, omission,
misconstruction of applicable statutes or rules or misrepresentation of
applicable precedents.
(b)
A request to reopen a case shall be in writing and filed no later than
30 days from the date of the board’s written decision. The request shall
outline newly-discovered evidence or an allegation and specific references of
material error, omission or misconstrued statutes or rules, or
misrepresentation of applicable precedents.
(c)
A request to reopen a case shall be denied if it is determined that the
request:
(1) Is made solely to obtain a delay in the
disposition of the case; or
(2) Is not in compliance with this section.
Source. #6994, eff 5-7-99; ss by #7188, eff 1-5-00;
ss by 8996, eff 9-28-07
Arb 204.10 Appeals. Any appeal shall be filed with the superior
court pursuant to RSA 357-D:6.
Source. #7188, eff 1-5-00 (from Arb 204.09); ss by 8996, eff 9-28-07
PART
Arb 205 RULEMAKING
Arb
205.01 Petition for Rulemaking.
(a) Any person may request the board to commence
a proceeding for the purpose of adopting, amending or repealing a rule.
(b) All petitions for rulemaking pursuant to (a)
above shall be in writing.
(c) The petition for rulemaking shall include the
following:
(1) Petitioner’s name, address and telephone
number;
(2) Reason(s) for the proposed rule;
(3) If the petitioner seeks to amend or repeal an
existing rule, an identification of the particular rule sought to be amended or
repealed; and
(4) Signature of petitioner and date signed.
(d) All petitions shall be submitted to the motor
vehicle arbitration board, department of safety, division of motor vehicles,
(e) The board shall use the following criteria to
determine whether a petition for rulemaking will be granted or denied:
(1) Whether the board has rulemaking authority
pursuant to RSA 357-D or RSA 541-A;
(2) Whether the petition clearly identifies
issues that require rulemaking;
(3) Whether there is an existing rule that addresses
the issues raised in the petition; and
(4) Whether the petition is consistent with RSA
357-D and any applicable case law.
Source. #9116-A,
eff 3-27-08
Arb
205.02 Board Action Upon Petition for
Rulemaking.
(a) Within 30 days of the filing of the petition
for rulemaking, the board shall notify the petitioner, in writing, whether the
petition is granted or denied.
(b) If the petition is granted, the board shall
commence a rulemaking proceeding in accordance with the requirements of RSA 541-A:4.
(c) If the petition is denied, the board shall
notify the petitioner, in writing, of the reason(s) for the denial.
(d) The denial of a petition for rulemaking shall
not entitle the petitioner to a hearing.
Source. #9116-A,
eff 3-27-08
PART
Arb 206 DECLARATORY RULING
Arb
206.01 Petition for Declaratory
Ruling.
(a) Any person may request the board to issue a
declaratory ruling on the following matters:
(1) Any statutory provision that vests authority
in the board;
(2) Any rule of the board; or
(3) Any order of the board.
(b) All petitions for a declaratory ruling pursuant
to (a) above shall be in writing.
(c) The petition for a declaratory ruling shall
include the following:
(1) The specific statute, rule or order of the
board in question, including the factual basis for the request and any
supporting documentation;
(2) The interest of the petitioner;
(3) Petitioner’s name, address and telephone
number; and
(4) The name(s) and mailing address(es), if
reasonably available, of persons whose interest would be affected by the
proposed ruling.
(d) All petitions shall be submitted to the motor
vehicle arbitration board, department of safety, division of motor vehicles,
(e) Any petition for a declaratory ruling that
does not contain the information set forth in (c) above shall be rejected as
inadequate.
Source. #9116-A,
eff 3-27-08
Arb
206.02 Board Action Upon Petition for Declaratory Ruling.
(a) Within 30 days of the filing of the petition for
declaratory ruling, the board shall notify the petitioner, in writing, whether
the petition is granted or rejected.
(b) If the petition is granted, the board shall
issue a declaratory ruling in accordance with the requirements of RSA 541-A:16,
II(b).
(c) The board shall reject the petition if it is
inadequate or beyond the scope of the board’s authority set forth in RSA 357-D.
Source. #9116-A,
eff 3-27-08
PART
Arb 207 PUBLIC COMMENT HEARINGS.
Arb
207.01 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. #9116-A,
eff 3-27-08
Arb
207.02 Notice.
(a) A public comment hearing concerning
rulemaking shall be commenced by placing notice of the hearing in the
“Rulemaking Register” pursuant to the requirements of RSA 541-A:6, I.
(b) Nothing in these rules shall prohibit the board
from giving greater notice than the minimums set forth in RSA 541-A:6, I.
Source. #9116-A,
eff 3-27-08
Arb
207.03 Public 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 set forth in Arb 207.04.
(b) Any person who wishes to speak on the
issue(s) that are the subject of the hearing shall submit the following on the
speaker’s list:
(1) Complete name and address; and
(2) Name and address of organization, entity or
other individuals the person represents, 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. #9116-A,
eff 3-27-08
Arb
207.04 Limitations on Public
Participation.
(a) The chair of the board or the chair’s
designee shall:
(1) Refuse to recognize any person who fails to
provide a complete name and address;
(2) Revoke the recognition of any person who
speaks or acts in an abusive or disruptive manner;
(3) Revoke the recognition of any person who
refuses to deliver comments relevant to the issue(s) that are the subject of
the hearing; or
(4) Revoke the recognition of any person who
continues to restate matters already addressed.
(b) The chair of the board or the chair’s
designee shall limit spokespersons on behalf of the same organization or entity
to no more than 3, provided that all individuals representing such an
organization or entity may enter their names and addresses into the record as
supporting the position of the organization or entity.
Source. #9116-A,
eff 3-27-08
Arb
207.05 Media Access.
(a) Public comment hearings shall be open to the print
and electronic media, subject to the limitations set forth in (b) below.
(b) The chair of the board or the chair’s
designee shall, if necessary to allow the hearing to go forward:
(1) Limit the number of media representatives when
their number, together with the number of the members of the public who are
present, exceeds the capacity of the hearing room or causes members of the
public to be excluded from the hearing;
(2) Limit the placement of cameras to specific
locations within the hearing room; or
(3) Prohibit interviews from being conducted
within the hearing room before or during the hearing.
Source. #9116-A,
eff 3-27-08
Arb
207.06 Conduct of Public Comment Hearings.
(a) Public comment hearings shall be presided
over by the chair of the board or the chair’s designee.
(b) The chair of the board or the chair’s
designee shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the subject
of the hearing and provide copies of those rules, upon request;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard and the
order in which they will be heard;
(5) Remove or have removed any person who is disruptive
or abusive during the hearing;
(6) If necessary, establish limitations, as set
forth in Arb 207.04 and Arb 207.05(b);
(7) If necessary, postpone or move the hearing;
(8) Adjourn or continue the hearing; and
(9) Provide opportunity for the submission of
written comments.
(c) A hearing shall be postponed in accordance
with RSA 541-A:11, IV or when postponement will facilitate greater
participation by the public.
(d) 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 persons who wish to attend the hearing.
(e) 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 for the hearing is not
sufficient to allow each person who wishes to speak an opportunity to do so; or
(2) The capacity of the hearing room does not
accommodate the number of persons who wish to attend and it is not possible to
move the hearing to another location.
Source. #9116-A,
eff 3-27-08
PART Arb 208 REQUEST FOR RULE EXPLANATION
Arb 208.01 Request for Rule Explanation.
(a) Within 30 days after the adoption of a rule,
any interested person may request the board to issue an explanation of the
following:
(1) The principle reason(s) for and against the
adoption of the rule in its final form; and
(2) The reason(s) why the board overruled
arguments and considerations pertaining to the rule.
(b)
All requests for a rule explanation shall be submitted to the motor
vehicle arbitration board, department of safety, division of motor vehicles,
(c)
Within 30 days of the filing of the request for a rule explanation, the
board shall issue a written statement explaining the rule, including the
information set forth in (a) above.
Source. #9116-B, eff 3-27-08
APPENDIX
Rule |
|
Arb 201.01 |
RSA 357-D:5 |
Arb 201.02 |
RSA 357-D:5,
III; RSA 541-A:30-a, III(j) |
Arb 202.01 |
RSA 357-D:2, I |
Arb 202.02 |
RSA 357-D:2,
III |
Arb 202.03 |
RSA 259:38-b |
Arb 202.04 |
RSA 541:7 |
Arb 202.05 |
RSA 357-D:2,
VIII |
Arb 202.06 |
RSA 541:7 |
Arb 202.07 |
RSA 357-D:2,
IX |
Arb 202.08 |
RSA 357-D:2, X |
Arb 202.09 |
RSA 541-A:1,
XII |
Arb 202.10 |
RSA 541:7 |
Arb 203.01 |
RSA 357-D:4,
I; RSA 357-D:5, III |
Arb 203.02 |
RSA 357-D:4,
III; RSA 357-D:5, III |
Arb 203.03 |
RSA 357-D:3;
RSA 357-D:4; RSA 357-D:5, III |
Arb 203.04 |
RSA 357-D:4,
V; RSA 357-D:5, III |
Arb 203.05 –
203.08 |
RSA 357-D:5,
III; RSA 541-A:30-a, III(b)(h); RSA 541-A:31, III |
Arb 203.09 -
203.10 |
RSA 357-D:4,
I; II; V; RSA 357-D:5, III |
Arb
203.11-203.12 |
RSA 357-D:5,
III; RSA 541-A:30-a, III(c); RSA 541-A:31, V(c) |
Arb 203.13 |
RSA 357-D:5,
III; RSA 541-A:30-a, III(f) |
Arb 203.14 |
RSA 357-D:5,
III; RSA 541-A:30-a, III(d) |
Arb
203.15-203.16 |
RSA 357-D:5,
III; RSA 541-A:30-a, III(g) |
Arb 204.01 –
204.05 |
RSA 357-D:5,
III; RSA 541-A:30-a, III; RSA 541-A:31; RSA 541-A:33 |
Arb 204.06 |
RSA 91-A:4,
IV; RSA 357-D:5, III; RSA
541-A:30-a(l); RSA 541-A:31, VI |
Arb
204.07-204.08 |
RSA 357-D:5,
III; RSA 541-A:30-a, III(k); RSA 541-A:35 |
Arb
204.09-204.10 |
RSA 357-D:5,
III, RSA 357-D:6; RSA 541-A:30-a, III, (I) |
Arb 205.01-205.02 |
RSA 541-A:16,
I(c) |
Arb
206.01-206.02 |
RSA 541-A:16,
I(d) |
Arb
207.01-207.06 |
RSA 541-A:11;
RSA 541-A:16, I(b)(3) |
Arb 208.01 |
RSA 541-A:11,
VII |