Statutory Authority: RSA 155-A:11, RSA 155-A:11-a, RSA 541-A:16, I
and RSA 541-A:30-a, I
PART Bcr 201 PURPOSE
Bcr 201.01 Purpose. The purposes of these rules is to specify the
process used by the board for acquiring sufficient information to make fair and
reasoned decisions on matters within their statutory jurisdiction. These rules shall be construed to secure the
just, efficient and accurate resolution of all board proceedings.
Source. #8044, eff 2-17-04; ss by #10073, INTERIM,
eff 1-17-12, EXPIRES: 7-16-12; ss by #10161,
eff 7-13-12
Bcr 202.01 Definitions. Except where the context makes another
meaning manifest, the following terms shall have the meanings indicated below
when used in this chapter:
(a) "Data"
means all information other than argument, including oral or written
descriptions, reports, maps, charts, drawings, photographs, audio or video
recordings, computer programs, or computer printouts.
(b) “De novo” means
a new hearing on all issues and a full hearing on the merits in no way
restricted by what occurred before.
(c) "File"
means to place a document in the actual possession of the board.
(d)
"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”, and Bcr 200.
(e)
"Investigation" means a search by the board for data
concerning matters within its jurisdiction, the result of which is other than a
final determination of a person's rights, duties or privileges.
(f)
"Motion" means any request by a party to an existing
proceeding for an order or relief relating to that proceeding.
(g)
"Order" means a document issued by the board:
(1) Establishing procedures to be followed in an
adjudicative or nonadjudicative proceeding;
(2) Granting or denying a petition or motion;
(3) Requiring a person to do, or to abstain from
doing, some thing; or
(4) Determining a person's rights to a privilege
established by RSA 155-A or the rules of this chapter.
(h) “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.
(i) “Petition"
means any request to the board seeking an order or any other action or relief.
(j) “Presiding officer"
means the board member or other individual to whom the board has delegated
authority to preside over an adjudicative or other proceeding.
(k)
"Rulemaking" means the statutory procedures for the
formulation of a rule set forth in RSA 541-A:3.
(l) “State fire
marshal” means the state fire marshal of the State of
Source. #8044, eff 2-17-04; ss by #10073, INTERIM,
eff 1-17-12, EXPIRES: 7-16-12; ss by #10161,
eff 7-13-12
Bcr 203.01 Failure
to Comply with Rules.
(a) Failure to
comply with the rules of this chapter shall result in the board:
(1) Refusing to accept or admit a noncompliant
document for filing or refusing to consider a noncompliant oral petition or
motion; or
(2) Accepting or admitting, or denying or not
admitting a noncompliant application, petition, motion or exhibit on the
condition that conformity with specific procedural requirements be achieved by
a specified date.
(b) When a noncompliant
pleading or other tendered information is not accepted or admitted by the
board, or when conditions for the acceptance or admission of noncompliant
information are not met, the board shall make a decision on the pending matter
without considering the noncompliant information, unless the board notifies the
parties that it has waived the rule in accordance with Bcr 203.02.
Source. #8044, eff 2-17-04; ss by #10073, INTERIM,
eff 1-17-12, EXPIRES: 7-16-12; ss by #10161,
eff 7-13-12
Bcr 203.02 Waiver
of Procedural Rules. The board, upon
the accepted motion of any interested person, shall waive any procedural
requirement or limitation imposed by this chapter upon reasonable notice to
affected persons when it appears that the proposed waiver or suspension is
lawful, and would be more likely to promote the fair, accurate and efficient
resolution of issues properly pending before the board than would adherence to
particular procedural rules or requirements.
A motion for waiver or suspension of a procedural rule or order shall
fully set forth the reasons for the requested relief.
Source. #8044, eff 2-17-04; ss by #10073, INTERIM,
eff 1-17-12, EXPIRES: 7-16-12; ss by #10161,
eff 7-13-12
PART Bcr 204 TIME PERIODS
Bcr 204.01 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 state legal holiday,
then the time period shall be extended to include the first business day
following the Saturday, Sunday or state legal holiday.
Source. #8044, eff 2-17-04; ss by #10073, INTERIM,
eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 204.02 Change
in Allowed Times. Except where a
time period is fixed by statute, the board shall, upon motion or upon its own
initiative, change the time provided for the filing of any document, or
reschedule the time set for any oral hearing, prehearing conference, or other
activity upon a finding that the moving party did not comply with the time
period due to accident, mistake, or misfortune, and the probable injury to the
moving party outweighs any detriment likely to be suffered by any other party.
The board shall shorten the time provided for the filing of any document or for
the scheduling of any oral hearing, prehearing conference, or other activity
upon a finding that to do so would assist in resolving the matter or issue
fairly and there is no likelihood of any detriment to be suffered by any other
party.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 204.03 Limitations. A motion to change time shall be filed at
least 3 state business days before the scheduled date of the event in question.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 205 FILING AND SERVICE OF DOCUMENTS
Bcr 205.01 Filing
of Documents with the Board.
(a) A document shall
be considered filed when it is actually received at the board's office at the
following address:
Office of the Commissioner
Department of Safety
(b) A document,
which is facially in violation of the board's rules, shall not be accepted for
filing. Such submissions shall be
returned to the sender without prejudice to subsequent acceptance if the
deficiencies are corrected and the document is refiled within the applicable
time period.
(c) All
correspondence, filings, and other communications to the board shall be
addressed to the board's office.
(d) All petitions,
motions, exhibits, memoranda or other documents filed in connection with a
request for board action shall be filed with an original and 16 copies.
(e) Only an original
copy shall be filed of transmittal letters, requests for public information, or
other routine correspondence not directed at formal board action.
(f) Failure to
furnish the required number of copies shall result in the tendered document
being returned as unacceptable for filing.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12; amd by #12620,
eff 9-18-18
Bcr 205.02 Subscription
and Veracity of Documents.
(a) All petitions,
motions, and replies filed with the board shall be signed and dated by the
proponent of the document or, if the party appears by a representative, by the
representative.
(b) The signature on
a document filed with the board shall constitute a certification that:
(1) The signor has read the document;
(2) The signor is authorized to file it;
(3) To the best of the signor's knowledge,
information and belief, there are good grounds to support it; and
(4) The document has not been filed for purposes
of delay or harassment.
(c) A willful violation
of the representations contained in (b), above, shall, to the extent consistent
with justice, and the statutes administered by the board, result in the board
entering an order adverse to the party committing the violation.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12; amd by #12620, eff 9-18-18
Bcr 205.03 Service
of Documents.
(a) Applications and
petitions for declaratory rulings shall be filed with the board.
(b) All objections,
motions, replies, exhibits, memoranda, or other documents filed in connection
with a request for board action under paragraph (a) shall be served by the
proponent upon the board, pursuant to Bcr 204.02(b), and all other parties to
the proceeding by:
(1) Depositing a copy of the document in the
United States mail, first class postage prepaid, addressed to the last address
given to the board by the party being served, no later than the day the
document is filed with the board; or
(2) Delivering a copy of the document in hand on
or before the date it is filed with the board.
(c) Notices, orders,
decisions or other documents issued by the board in connection with a request
for board actions under paragraph (a) shall be served by the board upon all
parties to the proceeding by either:
(1) Depositing a copy of the document, first
class postage prepaid, in the United States mail, addressed to the last address
given to the board by the party being served; or
(2) Delivering a copy of the document in hand to
the party.
(d) When a party has
appeared 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.
(e) Except for exhibits
distributed at a prehearing conference or hearing, every document filed with
the board, and required to be served upon the parties to an adjudicative
proceeding, shall be accompanied by a certificate of service, signed by the
person making service, attesting to the method and date of service, and the
persons served.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 206 PLEADINGS, APPEALS AND MOTIONS
Bcr 206.01 Pleadings.
(a) The only
pleadings permitted shall be petitions and replies to petitions.
(b) A petitioner
shall include the following on his or her petition:
(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 which
warrant the relief requested from the board;
(4) The description of the action which the
petitioner wishes the board to take;
(5) A citation to any statutes, rules, orders, or
other authority which entitles the petitioner to the relief requested; and
(6) The signature and date required by Bcr
205.02(a).
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 206.02 Appeals
of Decisions of the State Fire Marshal.
(a) Appeals of
variances or exceptions to the state fire code, Saf-C 6000, that have been
granted or denied by the state fire marshal and appeals of a decision of the
state fire marshal in enforcing provisions of the state building code pursuant
to RSA 155-A:7, I, shall be in writing and filed at the board’s office. All appeals shall be a de novo hearing.
(b) An appellant
shall include the following on his or her appeal:
(1) The name and address of the appellant;
(2) The name and address of the appellant’s
representative, if any;
(3) A concise statement of the facts which
warrant the relief requested from the board;
(4) The description of the action which the
appellant wishes the board to take;
(5) A citation to any statutes, rules, orders, or
other authority which entitles the appellant to the relief requested; and
(6) The signature and date required by Bcr
205.02(a).
(c) An appeal shall
be dismissed upon a determination that it:
(1) Fails to state a cause of action;
(2) Alleges a cause of action that is so untimely
filed that it imperils or prejudices another party’s defense or position; or
(3) Is filed by an appellant who refuses to
respond to requests for further information or to otherwise cooperate with any
board investigation or hearing.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 206.03 Motions
and Objections Thereto.
(a) Motions and
objections shall be in writing 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) The moving party
shall state, clearly and concisely, the following in his or her motion:
(1) The purpose of the motion;
(2) The relief sought by the motion;
(3) The statutes, rules, orders, or other
authority authorizing the relief sought by the motion;
(4) The facts claimed to constitute grounds for
the relief requested by the motion; and
(5) The signature and date required in Bcr
205.02(a).
(c) A party
objecting to a motion shall state, clearly and concisely, the following in his
or her objection:
(1) The defense of the party filing the
objections;
(2) The action which the party filing the
objection wishes the board to take on the motion;
(3) The statutes, rules, orders, or other
authority relied upon in defense of the motion;
(4) Any facts which are additional to or
different from the facts stated in the motion; and
(5) The signature and date required by Bcr
205.02(a).
(d) A party filing
an objection to a motion shall specifically admit or deny each fact contained
in the motion. Failure to deny a fact
contained in a motion shall constitute the admission of that fact for the
purposes of the motion. In the event a
party filing an objection to a motion lacks sufficient information to either
admit or deny a fact contained in the motion, the party shall so state,
specifically identifying such fact.
(e) Motions shall be
decided upon the writings submitted.
Repetitious motions shall not be submitted.
(f) Objections to
motions shall be filed within 10 days after the filing of the motion. Failure to object to a motion within the time
allowed shall constitute a waiver of objection to the motion.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12; amd by #12620, eff 9-18-18
PART Bcr 207 ADJUDICATIVE PROCEEDINGS
Bcr 207.01 Applicability.
(a) This part shall
govern all proceedings conducted by the board except:
(1) Rulemaking proceedings; and
(2) Nonadjudicative investigations.
Source. #8044, eff 2-17-04; ss by #8213, eff 11-22-04
Bcr 207.02 Commencement
of Proceedings.
(a) The board shall
commence an adjudicative proceeding by issuing a notice to the parties at least
15 days before the first scheduled hearing date or first prehearing conference.
(b) The notice
commencing an adjudicative proceeding shall:
(1) Identify the parties to the proceeding as of
the date of the order;
(2) Briefly summarize the subject matter of the
proceeding, and identify the issues to be resolved;
(3) A statement of the legal authority under
which the hearing is to be held;
(4) A reference to the particular sections of the
statutes and rules involved;
(5) Specify the date by which, and the address
where, appearances or motions by representatives shall be filed;
(6) Specify the date, time, and location of an
initial prehearing conference or dates for an oral hearing;
(7) Identify the presiding officer for the
proceeding, if other than the chair of the board;
(8) A statement that each party has the right to
have an attorney present to represent the party at the party's expense; and
(9) Contain such other information or attachments
as are warranted by the circumstances of the case including, but not limited
to, orders consolidating or severing issues in the proceeding with other
proceedings, and orders directing the production or exchange of documents.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.03 Docketing,
Service of Notice, Public Notice.
(a) The board shall
assign each adjudicative proceeding a docket number, and serve the hearing
notice upon all parties to the proceeding by first class mail.
(b) All subsequent
notices, decisions, and orders issued by the board, including any amendments to
the hearing notice, shall be served upon the parties, by first class mail.
(c) Orders, notices,
and decisions of the board, and motions, memoranda, exhibits, and other
documents and data submitted to the board in a docketed case shall be kept in a
docket file and made available for public inspection in the board's office.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.04 Intervention.
(a) A petitioner
shall state with particularity in his or her petition for intervention the
following:
(1) The petitioner's interest in the subject
matter of the hearing;
(2) The petitioner's position with respect to the
subject matter of the hearing;
(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.
(b) Petitions for
intervention shall be granted anytime during the proceeding if the petitioner
has a substantial interest in the proceeding, granting the petition is in the
interest of justice, and if granting intervention will not unduly delay the
board's proceeding.
(c) Once granted
leave to intervene, an intervenor shall take the proceeding as he or she finds
it and no portion of the proceeding shall be repeated because of the fact of
intervention.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.05 Right
to Counsel.
(a) Parties and
witnesses in an adjudicative proceeding may be represented by counsel, but an
attorney appearing on behalf of a party shall first file a letter announcing
the fact of representation at the earliest date practical.
(b) Requests for
appointment of counsel shall not be entertained, and the board shall have no
responsibility for the legal expenses of any licensee, applicant, intervenor or
witness.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.06 Prehearing
and Other Informal Conferences.
(a) At any time following
the commencement of an adjudicative proceeding, the presiding officer, upon
motion, or upon his or her own initiative, shall request the parties to attend
one or more prehearing conferences when such a conference would aid in the
disposition of the proceeding. Parties
deciding not to attend these conferences do so at their peril.
(b) Matters which
can be addressed at a prehearing conference shall include:
(1) The distribution of exhibits and written
testimony, if any, to the parties;
(2) Opportunities and procedures for
simplification of the issues;
(3) Possible amendments to the pleadings;
(4) Opportunities and procedures for settlement;
(5) Possible admissions of fact and
authentication of documents to avoid unnecessary proof;
(6) Possible limitations on the number of
witnesses, and possible limitations on the scheduling of witnesses;
(7) Possible changes to the standard procedures
which would otherwise govern the proceeding; and
(8) Other matters which might contribute to the orderly,
prompt, and fair resolution of the proceeding.
(c) The board shall
cause all prehearing conferences to be recorded excluding settlement
discussions. Matters decided at a
prehearing conference shall be reflected in an appropriate order.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.07 Discovery
and Disclosure.
(a) The board shall
provide for the disclosure of any investigative report or other unprivileged
information in the possession of the board, which is reasonably related to the
subject matter of the proceeding.
(b) Parties shall
attempt to agree among themselves concerning the mutual exchange of relevant
information. If these efforts prove
unsuccessful, a party wishing to initiate discovery against another party,
shall, by motion, seek leave to do so and shall identify the exact type of
discovery requested.
(c) Discovery shall
be permitted against a party when:
(1) The parties cannot adequately address specific
relevant factual issues at the time fixed for the presentation of evidence and
addressing these issues at a subsequent time would place the requesting party
at a material disadvantage;
(2) The requested method of discovery is
reasonable and the requested discovery would not cause material unfairness; and
(3) The request for discovery is not made for the
sole purpose of delaying the proceedings.
Source. #8044, eff 2-17-04; ss by #10073, INTERIM,
eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.08 Evidence.
(a) Proceedings
shall not be conducted under the rules of evidence, but the evidentiary
privileges recognized by the law of
(b) All data which
will reasonably assist the board to arrive at the truth shall be admissible,
but data which is irrelevant, immaterial, unduly repetitious, or cumulative,
shall be excluded.
(c) Oral testimony
shall be allowed unless the board, upon a finding that written evidence would be
more efficient and would not result in material prejudice, orders that some or
all of the evidence be submitted in written form.
(d) If the board
officially notices a fact, it shall so state, and permit any party, upon timely
request, the opportunity to show the contrary.
(e) Witnesses
appearing before the board shall testify under oath or affirmation.
(f) The board shall
cause an audiotape or stenographic record to be made of hearings and prehearing
conferences. This record shall be
transcribed upon the request of a party who pays the estimated cost of
transcription in advance. However, if
the board elects to transcribe some or all of the record for its own use, the
transcribed portions shall be included in the public docket file.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; #ss by 10161, eff 7-13-12
Bcr 207.09 Burden
of Proof.
(a) The party
asserting the affirmative of a proposition shall have the burden of proving the
truth of that proposition by a preponderance of the evidence.
(b) Without limiting
the generality of paragraph (a), above, all moving parties and all petitioners
shall have the burden of persuading the board that their motion or petition
should be granted.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.10 Methods
of Proceeding.
(a) Where facts
material to the subject matter of the proceeding are in dispute, and personal
observation of witnesses or the immediate opportunity for cross-examination of
witnesses is necessary or desirable, the proceeding shall, to that extent,
consist of a trial-type evidentiary hearing with the subsequent
submission of memoranda.
(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) The foregoing
paragraphs shall not limit the board's authority to structure individual
proceedings in a manner suitable to their particular subject matter and
recognized due process requirements, or to require the submission of additional
data at any time with the consent of the parties.
(d) The presiding
officer shall schedule supplemental argument or hearing, or re-argument, at any
time prior to the issuance of a final order in a proceeding.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12; amd by #12620, eff 9-18-18
Bcr 207.11 Inquiry
By Presiding Officer.
(a) The presiding
officer shall make such inquiry of witnesses or counsel, as he or she believes
necessary to develop a complete record for decision.
(b) Other board
members participating in the proceeding shall also ask such questions and make
such inquiries, subject to recognition by the presiding officer.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.12 Proposed
Findings of Fact and Conclusions of Law.
The presiding officer shall accept any proposed findings of fact and
conclusions of law and shall direct any party to submit proposed findings of
fact and conclusions of law pursuant to RSA 541-A:35 if the presiding officer
believes proposed findings or conclusions would be helpful to the board in
deciding the case. Pursuant to RSA
541-A:35, if, in accordance with this section, a party has submitted proposed
findings of fact, the board’s decision shall include a ruling upon each
proposed finding.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.13 Ex
parte Communications. Once an
adjudicative proceeding has been commenced, no party shall communicate with any
participating board member or the presiding officer concerning the merits of
the case except upon notice to all parties and in accordance with the rules of
this chapter. Nor shall any party cause
another person to make such communications or otherwise engage in conduct
prohibited by RSA 541-A:36.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 207.14 Decisions.
(a) A board 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) A proposal for
decision shall become a final decision upon its approval by the board.
(c) The board 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. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 208 PRESIDING OFFICER
Bcr 208.01 Designation.
(a) Adjudicative
proceedings commenced by the board shall be conducted by a presiding officer.
(b) The board's
chairperson shall serve as presiding officer or shall designate another board
member to so serve.
(c) The presiding
officer in an adjudicative proceeding shall be subject to replacement upon
order of the board at any time, and without notice or hearing.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 208.02 Authority
of Presiding Officer.
(a) The presiding
officer shall possess all authority with respect to the procedural aspects of
adjudicative proceedings, including, but not limited to, the power to
administer oaths and affirmations, direct the course of the proceeding, and
decide scheduling, discovery and other procedural issues.
(b) Except as provided
by Bcr 208.04, the presiding officer shall receive no testimony or argument on
the merits of the case unless a quorum of the board, including the presiding
officer, is present.
(c) Except in
proceedings conducted pursuant to Bcr 208.04, the presiding officer shall,
consistent with the fair and orderly conduct of the proceeding, permit board
members who are present during any stage of an adjudicative proceeding to make
inquiries of the witnesses, as provided in Bcr 207.11.
(d) Except as provided
by Bcr 208.04, the presiding officer shall not accept final offers of
settlement or impose consent decrees.
When a settlement has been proposed in writing, the presiding officer
shall refer it to the board for decision.
(e) The presiding
officer shall not decide motions or enter orders which finally resolve any
specific issue or issues which the board has designated for hearing. Unless otherwise ordered by the board,
potentially dispositive motions shall be referred to the board if the presiding
officer believes that they have sufficient merit to warrant prompt
consideration.
(f) If the presiding
officer believes that a default or similar final order should enter against a
party, the presiding officer shall issue a written recommendation to the board,
with service on the parties and intervenors, and the board shall take
appropriate action after allowing the parties and intervenors 10 days to file
objections thereto.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 208.03 Exceptions
to Interlocutory Rulings by the Presiding Officer.
(a) There shall be
no interlocutory appeal to the board of procedural or discovery orders made by
the presiding officer.
(b) Objections to
adverse rulings by a presiding officer shall be brought to the attention of the
board by including such objections in any exceptions taken to a proposed
decision under Bcr 207.04. When a
proposed decision is not issued, such objections shall be presented to the
board as a motion or as part of a closing memorandum submitted within 10 days
from the close of the hearing or such further period as the presiding officer
shall allow.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 208.04 Proposed
Decisions By Presiding Officer.
(a) When so ordered
by the board, evidence shall be received solely by a presiding officer who
shall be charged with preparing a written proposed decision with recommendations
for the final disposition of the case and any pending motions. Such proposed decision shall be served upon
the parties, intervenors, and the board.
(b) Exceptions and
supporting memoranda of law directed to the full board shall be filed within 30
days from the date the proposed decision was served. Replies to exceptions and supporting
memoranda shall be filed within 15 days from the date on the document being
replied to.
(c) If a party or
intervenor wishes to present oral argument to the board the party or intervenor
shall file a separate motion for oral argument within the time allowed for
filing exceptions or replies to exceptions.
(d) If no exceptions
to a proposed decision are filed, the board shall, within 10 days following the
deadline for filing exceptions, issue an order announcing that the proposed
decision shall be reviewed by the board on its own motion, or issue an order
stating that the proposed decision shall automatically become the final
decision of the board on the 41st day following the date it was served upon the
parties.
(e) When the board
has directed a presiding officer to receive evidence and enter a proposed
decision, there shall be no communications between the presiding officer and
the board members concerning the merits of the case, and the board members
shall not participate in the questioning of witnesses at the hearing, as would
otherwise be permitted by Bcr 207.12.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 209 RECONSIDERATION AND STAY
Bcr 209.01 Motion
for Reconsideration or Rehearing.
(a) Final
adjudicative orders of the board, and orders denying petitions for declaratory
rulings or rulemaking, shall take effect on the date it is served upon the
parties, intervenors or petitioners pursuant to Bcr 204.04(c).
(b) Motions for
reconsideration or rehearing shall be filed within 30 days after service of a
final adjudicative order. The board
shall make no distinction between the terms "reconsideration" and
"rehearing."
(c) A motion for
reconsideration shall:
(1) Include any memorandum of law the movant
wishes to submit;
(2) Identify each error of fact, error of
reasoning, or erroneous conclusion contained in the final order which the
movant wishes reconsidered; and
(3) Concisely state the correct factual finding,
correct reasoning, and correct conclusion urged by the movant.
(d) The board shall
grant or deny the motion, or any part thereof, on its merits, to the extent the
motion has revealed errors of law, fact or policy in the board's prior
decision. The board shall also treat the
motion as one for reopening and order the receipt of such additional data or
additional argument as it considers necessary to evaluate newly discovered
evidence or cure alleged procedural errors.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 209.02 Reconsideration
on the Board's Own Motion.
(a) Within the time
frame specified in Bcr 209.01(b), the board shall correct, reconsider, revise
or reverse any final action on its own motion if the board discovers new facts
that indicate such final action was incorrect.
(b) If the board's
action is based upon the existing record, prior notice shall not be given to
the parties.
(c) If the board's
action is based on new facts not in the existing record, the board shall
provide the parties with notice and an opportunity to be heard before any final
revision is made by the board.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 209.03 Stay
of Board Orders.
(a) Board actions
shall be stayed only in response to a specific motion requesting a stay or by
the board acting on its own motion.
(b) A motion for
stay shall be considered only if it is filed within the time period for
requesting reconsideration specified by Bcr 209.01(b) and demonstrates good
cause sufficient to warrant the stay of an action by the board.
(c) Filing a motion
for reconsideration above shall not stay a board order. Combining a motion for stay with a motion for
reconsideration shall be permissible, however.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 210 CONSOLIDATION AND SEVERANCE
Bcr 210.01 Consolidation. Adjudicative proceedings which involve the
same, or substantially related, issues shall be consolidated for hearing or
decision, or both, when fairness, accuracy and efficiency would be served by
such an action. Consolidation shall be
ordered in response to a timely motion from a party or on the board's own
initiative.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 210.02 Severance. The board shall sever one or more issues from
a proceeding and dispose of those issues in another proceeding when doing so
would materially promote the fairness, accuracy and efficiency of the
proceeding. Severance shall be ordered
in response to a timely motion from a party or on the board's own initiative.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 211 INVESTIGATIONS
Bcr 211.01 Informal
Investigations.
(a) Notwithstanding
any other provision of this title, the board, within the limits of its
authority, and acting through its members, officers and employees, or through
independent contractors, shall make inquiry of any person and otherwise gather
data, and prepare reports describing the data obtained whenever:
(1) It receives data which leads it to believe
that a violation of any statute administered by the board, or of any rule of
the board, has occurred, or is likely to occur; or
(2) It desires to obtain data for any other
lawful purpose.
(b) Informal
investigations shall gather information which is appropriate to the
circumstances of the case, including requests for additional information from
the complainant, requests for a release of relevant records belonging to or
under the control of the complainant and face-to-face meetings with potential
witnesses and interested persons.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 211.02 Formal
Investigations.
(a) The board shall
commence a formal investigation for the purpose of obtaining documents,
recorded testimony, and otherwise gathering information relevant to the board's
jurisdiction.
(b) Formal
investigations shall be commenced by the issuance of an order of investigation
containing:
(1) The statutory or regulatory authority for the
investigation;
(2) Any statutes or rules believed to have been,
or about to be, violated;
(3) The possible regulatory action;
(4) The identity of the persons, or class of
persons, who are the subject of the investigation;
(5) The general nature of the conduct being
investigated;
(6) The identity of the investigating officer or
committee;
(7) The date upon which the
investigating officer shall report his or her findings and recommendations to
the board; and
(8) Other provisions relevant to the issues under
investigation and the time, place and manner in which the investigation is to
be conducted.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 211.03 Informational
Hearings.
(a) The board shall
conduct informational hearings to assist in gathering information concerning
policy matters, such as the adoption of board rules.
(b) The board chair,
acting chair, or another board member designated by the chair shall serve as
the presiding officer at informational hearings and shall conduct all facets of
the proceeding.
(c) Sworn testimony
shall not be received at informational hearings unless an order of
investigation has been issued by the board.
(d) The board shall
establish the order and the length of the presentations made in informational
hearings, and, consistent with any applicable statutes, limit the time allotted
to each speaker.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 212 RULEMAKING
Bcr 212.01 How
Adopted. A board rule, or any
amendment or repeal thereof, shall be adopted by order as provided by RSA
541-A:3 and in Bcr 211. Rules shall be
proposed by petition or on the board's own initiative.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 212.02 Petition
for Rulemaking.
(a) Any person shall
make a request to the board to commence a proceeding for the purposes of
adopting, amending, or repealing a rule by filing a petition which contains:
(1) A statement of the intent, purpose, or
particular result intended by the petitioner;
(2) If the petitioner proposes to amend or repeal
an existing rule, an identification of the particular rule sought to be amended
or repealed;
(3) Any data or argument the petitioner believes would
be useful to the board in deciding whether to commence a rulemaking proceeding;
and
(4) The proposed text.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 212.03 Disposition
of Petition.
(a) The board shall
by order grant a petition for rulemaking if the proposal is consistent with the
laws regulating the state building code review board, RSA 155-A:10 et seq,
advances the purposes thereof and, if implemented, would be required to be
adopted as a rule. Before issuing such
an order, however, the board shall require additional data or argument from the
petitioner or other interested persons, if necessary for the board to reach its
decision.
(b) If the petition
is denied, the board shall state the reason therefore in the order. If the petition is granted, the board shall
undertake to commence a rulemaking proceeding in accordance with RSA 541-A:3.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 212.04 Deficiencies
in Petitions.
(a) If the board
determines that any petition does not meet the requirements of this section, it
shall immediately notify the petitioner in writing of the specific
deficiencies.
(b) Upon receipt of
a corrected petition the board shall take action as outlined in Bcr 212.03.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 213 RULEMAKING HEARINGS
Bcr 213.01 Scope. This part shall apply to rulemaking hearings
required pursuant to RSA 541-A:11.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 213.02 Notice. The board shall cause to be published in the
New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking
hearing pursuant to RSA 541-A:6.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 213.03 Presiding
Officer.
(a) The hearing
shall be presided over by the chairperson of the board or his or her designee.
(b) The chairperson
or designee shall:
(1) Determine whether a quorum of the board is
present for the hearing;
(2) Call the hearing to order;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) Maintain order during the hearing; and
(6) Adjourn the hearing.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 213.04 Order
of the Hearing.
(a) Any individual
who wishes to testify at the hearing shall provide his or her full name on a
speakers list furnished by the board.
(b) Individuals
shall be called to testify in the order in which they signed up.
(c) Before
adjourning the public hearing and after all individuals who signed up have been
heard, the chairperson or designee shall call for any new testimony from any
new speaker.
(d) When the
chairperson or designee has determined that no other individual wishes to
testify, he or she shall close the public hearing.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 213.05 Postponement
and Continuations.
(a) The chairperson
or designee shall postpone a hearing to a later date, time or place in the
event of:
(1) Inclement weather;
(2) A lack of a quorum; or
(3) Determination by the board that postponement
of the hearing shall facilitate greater participation by the public.
(b) The chairperson
or designee shall continue a hearing to a later date, time or place in the
event that:
(1) The time allotted is not sufficient to give
each individual who wishes to testify an opportunity to do so; or
(2) A lack of a quorum due to unavoidable
absence.
(c) Notice of a
postponement or continuation of a public hearing or of extension of the public
comment period shall be provided pursuant to RSA 541-A:11, III and IV(d).
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 213.06 Written
Comments. Individuals may submit
comments in writing or electronic format to the board on proposed rulemaking
actions any time from the time notice has been published until the end of the
public comment period as set forth in the notice of rulemaking.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 213.07 Copies
of Recordings.
(a) All hearings shall
be recorded.
(b) A copy of the
recording may be requested by submitting a written request to:
Office of the Commissioner
Department of Safety
(c) Pursuant to RSA
91-A:4, persons requesting a copy of the audio recording shall pay the actual
cost of duplication.
(d) Recordings of
proceedings shall be preserved in accordance with state law and department of
safety records retention policies.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12; amd by #12620, eff 9-18-18
PART Bcr 214 RULES TO UPDATE OR CHANGE THE STATE BUILDING
CODE
Bcr 214.01 How
Adopted. Rules to update or change
the state building code for the codes described in RSA 155-A:1, IV shall be
adopted by order as provided in Bcr 214.
Rules shall be proposed by petition or on the board's own initiative.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 214.02 Petition
for Adopting Rules to Update or Change the
(a) Any person shall
make a request to the board to commence a proceeding for the purposes of
updating or changing the state building code manuals for the codes described in
RSA 155-A:1, IV by filing a petition which contains:
(1) A statement of the intent, purpose, or
particular result intended by the petitioner;
(2) If the petitioner proposes to amend or repeal
an existing rule, an identification of the particular rule sought to be amended
or repealed;
(3) Any data or argument the petitioner believes
would be useful to the board in deciding whether to commence the adoption of
the rule; and
(4) The proposed text.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
Bcr 214.03 Disposition
of Petition.
(a) The board shall
by order, grant or deny a petition for the update or changing of the state
building code in accordance with the requirements of RSA 155-A.
(b) Upon receipt of
a petition, the board shall vote whether to send the matter to a public hearing
to be held within 30 days of the vote.
(c) If the board
votes to send the matter to a public hearing and after the public hearing, the
board shall vote whether to update or change the state building code.
(d) Notwithstanding
any rule to the contrary, if imminent public safety issues are at stake, the
board shall waive the need for a public hearing and adopt the rule change, however
a public hearing shall be held within 60 days of the vote.
Source. #8044, eff 2-17-04; ss by #10073, INTERIM,
eff 1-17-12, EXPIRES: 7-16-12; ss by #10161,
eff 7-13-12
Bcr 214.04 Deficiencies
in Petitions.
(a) If the board
determines that any petition does not meet the requirements of this section, it
shall immediately notify the petitioner in writing, of the specific
deficiencies.
(b) Upon receipt of
a corrected petition, the board shall take action as outlined in Bcr 213.03.
Source. #8044, eff 2-17-04; ss by #10073,
INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
PART Bcr 215 APPEALS
Bcr 215.01 Scope.
(a) The rules in
this part shall apply to all appeals to the state building code review board
from a final decision of the electricians’ board, established under RSA
319-C:4, or the board of home inspectors, established under RSA 310-A:186.
(b) Notwithstanding
Bcr 207.01, unless otherwise specifically stated in this part, the general
procedures of the board’s hearing process shall apply to appeals.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12; amd by #12620, eff 9-18-18
Bcr 215.02 Definitions. For the purpose of this part, the following
terms shall be defined as follows:
(a) “Evidence” means
all information, other than oral argument, submitted and considered by the
board as part of the appeal record.
(b) “Licensing
board” means the electricians’ board, established under RSA 319-C:4, or the
board of home inspectors, established under RSA 310-A:186.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12; amd by #12620, eff 9-18-18
Bcr 215.03 How to
Appeal.
(a) To initiate an
appeal, the aggrieved party from the hearing below shall file with the board a
notice of appeal. The notice of appeal
shall be signed by the aggrieved party or his or her lawyer or representative
and shall be filed within 30 days of the date of the final decision or order by
the licensing board.
(b) The notice of
appeal shall contain the following:
(1) The name and address of the appellant;
(2) The name and address of the appellant’s
lawyer or representative, if applicable;
(3) If applicable, the name/s and address/es of
the complainant, and other parties if applicable, at the proceeding below;
(4) The grounds for the appeal, including:
1. A detailed explanation of the appellant’s
objections to the decision; and
2. Description of errors in the decision;
(5) Any background facts that relate to the
appeal; and
(6) A description of the relief requested.
(c) The aggrieved
party shall file with the notice of appeal a copy of the decision that is being
appealed.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12
Bcr 215.04 Rejection
of Notice of Appeal.
(a) Unless the
pertinent rule has been waived pursuant to Bcr 203.02, the board shall reject a
notice of appeal if:
(1) The notice of appeal is untimely; or
(2) The notice does not substantially conform with
Bcr 215.03.
(b) The board shall
reject a notice of appeal if:
(1) The appellant does not have standing; or
(2) The board does not have jurisdiction over the
subject matter of the appeal.
(c) If the board
rejects a notice of appeal, it shall inform the appellant in writing setting
forth the reasons for its action.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12
Bcr 215.05 Commencement
of the Appeal.
(a) Within 10 days
of receipt of a notice of appeal, the board shall commence the appeal by
issuing an order of notice to all parties to the proceeding appealed from by
first class mail, postage prepaid.
(b) The notice
shall:
(1) Identify the parties to the proceeding;
(2) Briefly summarize the subject matter and
identify the issues to be resolved;
(3) Specify the statutory authority for the
proposed action;
(4) Identify any applicable board rules;
(5) Specify the date by which, and place where,
appearances shall be filed;
(6) Specify the date, which shall be no earlier
than 14 days from the date of the notice or prehearing conference, time and
place of the first day of oral argument, if any, which may be limited to
procedural matters;
(7) Specify the date and address for the
submission of written materials;
(8) Specify that each party has the right to have
an attorney present to represent the party at the party’s expense; and
(9) Specify that each party has the right to have
the agency 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. #8323, eff 4-12-05; ss by #10161, eff 7-13-12
Bcr 215.06 Transcripts
from Licensing Board. The licensing
board shall supply the board a certified copy of the record and a transcribed
copy of the testimony at the licensing board’s expense at least 5 days prior to
any scheduled hearing or within the timeframe as directed by the board.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12
Bcr 215.07 Standard
of Review on Appeal.
(a) On appeal, the
appellant shall have the burden of proving, by a clear preponderance of the
evidence, that the licensing board’s decision was:
(1) Not supported by substantial evidence on the
record;
(2) Arbitrary and capricious;
(3) An abuse of the licensing board’s discretion;
or
(4) Otherwise unlawful.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12
Bcr 215.08 Evidence. Review shall be based on the record
below. The board shall not receive or
consider any additional evidence, except for newly discovered evidence and such
evidence as the board deems necessary for it to rule on the merits of the
appeal.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12
Bcr 215.09 Appeal
Hearing Process.
(a) The appeal
hearing shall begin with an opening statement by the presiding officer of the
board, which shall describe the issues raised on appeal, the applicable
standard of review, and the procedures to be followed at the hearing.
(b) The appellant,
or his or her representative, shall then offer any oral argument in support of
the appeal.
(c) The appellee, or
his or her representative, shall appear at the appeal hearing and may present
oral argument in support of its decision.
(d) Members of the
board may question the parties at any time during the oral argument. The board shall, as necessary, extend the
time limitation imposed in (e) to accommodate extensive questioning by the
board.
(e) Oral arguments
shall be limited to 15 minutes unless a party has requested at least 2 weeks in
advance for additional time. Additional time shall be granted if the matter is
complex enough to merit it.
(f) At the
conclusion of the oral arguments, the hearing shall be adjourned.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12
Bcr 215.10 Appeal
Decisions.
(a) All decisions
rendered by the board shall be made on the basis of the record before the
board.
(b) Board members
who hear an appeal, and who are not recused for good cause, shall not abstain
from deciding the appeal.
(c) The board may
affirm or reverse the decision of the licensing board, or remand the case back
to the licensing board for action consistent with the board’s decision.
(d) The board shall
set forth its decision in writing, with findings of fact and conclusions of
law.
Source. #8323, eff 4-12-05; ss by #10161, eff 7-13-12
PART Bcr 216 DECLARATORY RULINGS
Bcr 216.01 Petitions
for Declaratory Rulings.
(a) A petition for a
declaratory ruling on matters within the jurisdiction of the board shall be
filed by a person as a petition which meets the requirements of Bcr 206.01(b).
(b) Such a petition
shall also set forth the following information:
(1) The exact ruling being requested; and
(2) The statutory and factual basis for the
ruling, including any supporting affidavits or memoranda of law.
Source. #8044, eff 2-17-04; renumbered by #8323 (from
Bcr 215.01); ss by #10073, INTERIM, eff 1-17-12, EXPIRES:
7-16-12;
ss by #10161, eff 7-13-12
Bcr 216.02 Action
on Petitions for Declaratory Rulings.
(a) The petitioner
shall provide such further information as the board shall direct after
reviewing the petition.
(b) Petitions shall
be dismissed when the board lacks subject matter or personal jurisdiction.
Source. #8044, eff 2-17-04; renumbered by #8323 (from
Bcr 215.02); ss by #10073, INTERIM, eff 1-17-12, EXPIRES:
7-16-12;
ss by #10161, eff 7-13-12
PART Bcr 217 EXPLANATION OF RULE
Bcr 217.01 Request
for Rule Explanation.
(a) Within 30 days
after the adoption of a rule, any interested person may request the board to
issue a statement explaining the following:
(1) The principal reason(s) for and against the
adoption of a rule in its final form; or
(2) Reasons why the board overruled arguments and
considerations relative to the rule.
(b) Rule explanation
requests shall be received and disposed of in the following manner:
(1) Requests shall be submitted to the board at:
Office of the Commissioner
Department of Safety
(2) When a request for rule explanation has been
received by the board, the board shall issue a statement responsive to the
request within 60 days. The statement
shall provide the information required by (a) above.
Source. #8044, eff 2-17-04; renumbered by #8323 (from
Bcr 216.01); ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12
APPENDIX
Rule |
|
Bcr 201.01 |
RSA 541-A:7 |
Bcr 202.01 |
RSA 541-A:7 |
Bcr 203.01 |
RSA 541-A:30-a, I |
Bcr 203.02 |
RSA 541-A:30-a, III (j) |
Bcr 204 |
RSA 541-A:30-a, III(f) |
Bcr 205 |
RSA 541-A:30-a, III (a) |
Bcr 206.01 |
RSA 541-A:30-a, III(a) |
Bcr 206.02 |
RSA 155-A:11 & RSA
541-A:30-a, III(a) |
Bcr 206.03 |
RSA 541-A:30-a, III(a) |
Bcr 207.01- Bcr 207.07 |
RSA 541-A:30-a, I |
Bcr 207.08 |
RSA 541-A:33 |
Bcr 207.09 |
RSA 541-A:30-a, III(d) |
Bcr 207.10 & Bcr
207.11 |
RSA 541-A:30-a, I |
Bcr 207.12 |
RSA 541-A:35 |
Bcr 207.13 |
RSA 541-A:36 |
Bcr 207.14 |
RSA 541-A:16, I & RSA 541-A:35 |
Bcr 208 – 210 |
RSA 541-A:30-a, I |
Bcr 211 |
RSA 541-A:16, I(b) |
Bcr 212 |
RSA 541-A:16, I(c) |
Bcr 213 |
RSA 541-A:16, I(b)(3) |
Bcr 214 |
RSA 541-A:16, I(c) &
RSA 155-A:1, IV |
Bcr 215.01 & 215.02 |
RSA 541-A:7 |
Bcr 215.01(a) |
RSA 541-A:16, I(b)(2); RSA
541-A:30, I |
Bcr 215.03-215.10 |
RSA 541-A:30-a, III &
RSA 155-A:11-a |
Bcr 216 |
RSA 541-A:16, I(d) |
Bcr 217 |
RSA 541-A:11, VII |