CHAPTER
Gcd 100 ORGANIZATIONAL RULES
PART
Gcd 101 PURPOSE
Gcd 101.01 Purpose. The purpose of these rules is the
implementation of RSA 275-C.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13
PART
Gcd 102 DEFINITIONS
Gcd 102.01 "Accessible building" means
"accessible building" as defined in RSA 275-C:9, I (b), namely
"a building which, in the determination of the governor's commission on
disability, is accessible to elderly persons and persons with
disabilities."
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13
Gcd 102.02 "Commission" means
"commission" as defined in RSA 275-C:1, I, namely, "the
governor's commission on disability."
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13
Gcd 102.03
"Person with a disability" means "person with a
disability" as defined in RSA 275-C:1, II, namely, "one who has a
physical or mental impairment that substantially limits one or more of the
major life activities of such individual, a record of such an impairment, or is
regarded as having such an impairment."
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13; ss by #12866, eff 9-20-19
Gcd 102.04 "Wheelchair symbol" means
"wheelchair symbol" as defined in RSA 275-C:9, I (a), namely,
"the wheelchair symbol adopted by the Rehabilitation International's World
Congress in 1969."
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13
PART
Gcd 103 DESCRIPTION OF THE COMMISSION
AND COMMISSION MEETINGS
Gcd 103.01 Composition
of the Commission.
(a) The commission shall
consist of:
(1) Up to thirty voting members appointed in accordance
with RSA 275-C:2 and;
(2) Six ex-officio
non-voting members as specified by title by RSA 275-C:3.
(b) Each member
shall serve without compensation.
(c) Each member
shall serve for a 6-year term or in accordance with RSA 275-C:2.
(d) The governor
shall appoint a chairman of the commission from among the members.
(e) Any member
appointed by the governor after May 25, 2018, excluding reappointed
members, shall serve for a
three-year term and no more than 2 consecutive 3-year terms.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13; ss by #12867, eff 9-20-19
Gcd. 103.02 Executive Director. There is an executive director chosen by
majority vote of the commission who acts as secretary to the commission.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13
Gcd 103.03 Responsibilities of the Commission. The commission's responsibilities include,
but are not limited to:
(a)
Advising the governor, state agencies and the public on public policy
and the administration of programs, services and facilities for persons with a
disability;
(b)
Encouraging the development of coordinated interdepartmental goals and
objectives as they relate to persons with a disability;
(c)
Encouraging the coordination of programs, services and facilities among
state departments and private providers of service as they relate to persons
with a disability;
(d)
Providing information to the public regarding services for persons with
a disability;
(e)
Reviewing, and commenting to the governor, state agencies, the
legislature and the public concerning the adequacy of, state programs, plans
and budgets for services to persons with a disability and for funding under
federal grant programs;
(f) Guided by the goal of formulating an
integrated, comprehensive statewide plan to address the needs of persons with a
disability, researching, formulating and advocating plans, programs and
policies which will serve the needs of such persons;
(g) Administering and implementing the
telecommunications equipment assistance program established by RSA 362-E;
(h)
Pursuant to RSA 275-C:9, issuing wheelchair symbols to any applicant for
such symbols who owns an accessible building;
(i)
Approving the chair's appointments to the committee on architectural
barrier-free design;
(j) Reporting annually to the governor on its
activities; and
(k) Designing, producing, and issuing special
registration tags and certificates for permanent service animal registration
and licensing.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13
Gcd 103.04 Commission
Meetings. Pursuant to RSA 275-C:7, the commission shall meet at least once every 3 months.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13
Gcd 103.05 Quorum. A quorum shall consist of a simple majority of
members appointed, including participants by speakerphone or other telecommunication device if
such means of attendance is required as an accommodation for a disability.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13; ss by #12867, eff 9-20-19
Gcd 103.06 Attendance
at Meetings By Members of the Public.
Pursuant to RSA 91-A:2, II, members of the public may attend and record
commission meetings, except for those parts of the meetings which are nonpublic
sessions as defined in RSA 91-A:3.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13 (from Gcd 103.05)
Gcd 103.07 Notice
of Meetings.
(a) Notice of the
time and place of commission meetings, excluding emergency meetings, shall be
given in accordance with RSA 91-A:2, II.
(b) Information
about the time and place of commission meetings shall also be available by
telephone at the number stated in Gcd 104.01 (b) and by TTY at the number
stated in Gcd 104.01 (c).
Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13 (from Gcd 103.06)
Gcd 103.08 Minutes
of Commission Meetings.
(a)
Minutes shall be kept of commission meetings and of official actions
taken by the commission.
(b)
Such minutes shall:
(1) Record the members participating in each
vote; and
(2) Separately record the position of members who
dissent, abstain or concur.
Source. #10338, eff 5-17-13 (from Gcd 103.07)
PART Gcd 104 PUBLIC REQUESTS FOR INFORMATION
Gcd 104.01 Office Location and Mailing Address,
Telephone Number, Number for TTY Users,
Fax Number, Website,
and Email Address.
(a)
The commission’s office location and mailing address is:
Governor’s Commission
on Disability
54 Regional Drive, Suite 5
Concord, New Hampshire
03301-8502
(b)
The commission’s telephone number is (603) 271-2773.
(c)
The commission’s toll free telephone number is (800) 852-3405.
(d)
The commission’s in-state TTY/Relay number is accessed through Relay New
Hampshire by calling 711.
(e)
The commission’s website is: www.nh.gov/disability.
(f) The commission’s general email is: disability@gcd.nh.gov.
(g) The commission’s fax number is: 603-271-2837.
Source. #7634,
eff 1-30-02; ss by #10338, eff 5-7-13; ss
by #12868, eff 9-20-19; ss by #13812, eff 11-23-23
Gcd 104.02 Communication with the Commission. Persons wishing to correspond with the
commission may do so as outlined in Gcd 104.01.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-7-13; ss by #12868 eff 9-20-19
Gcd 104.03 Public
Access to Records.
(a) Pursuant to RSA
91-A:4 members of the public may inspect and copy those records of the
commission, including meeting minutes, which are public records and not exempt
from disclosure under RSA 91-A:5 or other applicable law.
(b) Public records
shall be inspected and copied at the office of the commission at the location
stated in Gcd 104.01(a) during regular business hours.
(c) Persons desiring
copies of public records shall reasonably describe the information being sought
and pay the actual cost of the copies.
(d) If records are requested which contain both
public and confidential information, the commission shall delete the
confidential information and provide the remaining information.
Source. #7634, eff 1-30-02; ss by #10338, eff 5-7-13
CHAPTER Gcd 200 PROCEDURAL RULES
PART Gcd 201 DEFINITIONS
Gcd 201.01 Definitions.
(a)
“Appearance" means a written notification to the commission that a
party, an intervenor or the representative of a party or intervenor intends to
actively participate in a hearing.
(b) “Commission" means "commission" as
defined in RSA 275-C:1, I, namely, "the governor's commission on
disability".
(c) "Contested
case" means "contested case" as defined in RSA 541-A:1, IV,
namely, "a proceeding in which the legal rights, duties, or privileges of
a party are required by law to be determined by an agency after notice and an
opportunity for hearing".
(d) “Declaratory
ruling" means "declaratory ruling" as defined in RSA 541-A:1, V,
namely, "an agency ruling as to the specific applicability of any statutory
provision or of any rule or order of the agency".
(e) "Executive
director" means the person selected pursuant to RSA 275-C:4.
(f) "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".
(g)
"Intervenor" means a non-party person or agency whose
participation in a hearing is permitted by the presiding officer pursuant to
RSA 541-A:32 and within the limits, if any, set by the presiding officer.
(h)
"Motion" means a request to the presiding officer for an order
or ruling directing some act to be done in favor of the proponent of the motion,
including a statement of justification or reasons for the request.
(i)
"Order" means "order" as defined in RSA 541-A:1, XI,
namely, "the whole or part of an agency's final disposition of a matter,
other than a rule, but does not include an agency's decision to initiate,
postpone, investigate or process any matter, or to issue a complaint or
citation".
(j)
"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".
(k)
"Person" means any individual, partnership, corporation,
association, governmental subdivision, or public or private organization of any
character other than the commission.
(l) "Presiding officer" means presiding officer
as defined in RSA 541-A:1, XIV, namely, "that individual to whom the agency
has delegated the authority to preside over a proceeding, if any; otherwise it
shall mean the head of the agency".
(m) "Presiding
panel" means a panel of commission members to which the commission has
delegated the authority to preside over a proceeding.
(n) "Proof by a
preponderance of the evidence" means a demonstration by admissible
evidence that a fact or legal conclusion is more probable than not to be true.
(o) “Public comment
hearing” means a hearing held pursuant to RSA 541-A:11.
(p) “Rulemaking
petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 202 DISPUTE RESOLUTION
Gcd 202.01 Principles
of Dispute Resolution. The
commission shall resolve by agreement, decision after hearing or order of
settlement all disputes within the scope of RSA 275-C, RSA 362-E and the
administrative rules implementing those statutes.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 202.02 Construction
of Rules. Parts Gcd 203-213 and Gcd
215 shall be construed to secure the just, accurate and efficient resolution of
all disputes.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 202.03 Right
to Hearing. Any person having a
dispute with the commission shall be entitled to a hearing of the dispute if:
(a) The legal
rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and
(b) Constitutional,
statutory or case law requires the commission to hold a hearing before
determination of those rights, duties or privileges.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 202.04 Forms
of Dispute Resolution. Disputes
between any person and the commission shall be resolved by:
(a) Agreement
pursuant to Gcd 215.01;
(b) Formal
settlement pursuant to Gcd 215.02; or
(c) Decision after
hearing made pursuant to Gcd 211.08.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 203 CONDUCT OF HEARINGS BY PRESIDING OFFICER OR
PRESIDING COMMISSION PANEL; ROLE OF COMMISSION STAFF; WAIVER OF RULES
Gcd 203.01 Presiding
Officer or Panel.
(a) Hearings shall
be conducted by:
(1) The commission chair or another individual
designated by the commission to be presiding officer; or
(2) A panel of commission members designated by
the commission to be the presiding panel.
(b) The presiding
officer or presiding panel shall as necessary:
(1) Regulate and control the course of the
hearing;
(2) Facilitate settlement of the dispute which is
the subject of the hearing;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at the hearing and
exclude irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests at the request of
a party or intervenor or on the presiding officer's or panel's own motion;
(6) Question anyone who testifies;
(7) Cause a complete record of the hearing to be
made, as specified in RSA 541-A:31,
(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. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 203.02 Withdrawal
of Presiding Officer or Presiding Panel Member.
(a) Upon his or her
own initiative or upon the motion of any party or intervenor, the presiding
officer or a member of the presiding panel shall withdraw from any hearing for
good cause.
(b) Good cause shall
exist if the presiding officer or panel member:
(1) Has a direct interest in the outcome of the
hearing, including but not limited to, a financial or family relationship with
any party or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of the case.
(c) Mere knowledge
of the issues or acquaintance with any party, intervenor or witness shall not
constitute good cause for withdrawal.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 203.03 Role
of Commission Staff in Hearings.
Unless called as witnesses, commission staff shall have no role in any
hearing.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 203.04 Waiver
or Suspension of Rules by Presiding Officer or Presiding Panel. The presiding officer or presiding panel,
upon the motion of any party or intervenor or on the initiative of the
presiding officer or panel, shall upon reasonable notice to affected persons
suspend or waive any requirement or limitation imposed by this chapter when the
suspension or waiver:
(a) Appears to be lawful;
and
(b) Is more likely
to promote the just, accurate and efficient resolution of the pending dispute than
would adherence to a particular rule or procedure.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 204 FILING, FORMAT
Gcd 204.01 Date
of Issuance or Filing.
(a) All written
documents governed by this chapter shall be rebuttably presumed to have been
issued on the date noted on the document.
(b) All written
documents governed by this chapter shall be rebuttably presumed to have been
filed with the commission on the date of receipt, as evidenced by a date stamp
placed on the document by the commission or its staff in the normal course of
business.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 204.02 Format
of Documents.
(a) All
correspondence, pleadings, motions or other documents filed shall:
(1) Include the title and docket number of the
case, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document,
or, if the proponent 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 and intervenors in compliance
with Gcd 204.03.
(b) The signature of
a party or intervenor or the representative of the party or the intervenor on a
document filed with the commission 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. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 204.03 Delivery
of Documents Relating to Proceedings.
(a) Copies of all petitions,
motions, exhibits, memoranda, or other documents filed by any party or
intervenor shall be delivered by that party or intervenor to all other parties and
intervenors.
(b) All notices,
orders, decisions or other documents issued by the presiding officer or the
presiding panel shall be delivered to all parties and intervenors.
(c) Delivery of all
documents relating to a proceeding shall be made by personal delivery or by
depositing into the
(1) The name of the person intended to receive
the document;
(2) The full address, including zip code, last
provided to the commission by such person; and
(3) Prepaid first class postage.
(d) When a party or
intervenor appears by a representative, delivery of a document to the party's
or intervenor's representative at the address stated on the appearance filed by
the representative shall constitute delivery to the party or intervenor.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 205 TIME PERIODS
Gcd 205.01 Computation
of Time.
(a) Unless otherwise
specified, the unit of time for time periods referenced in this chapter shall
be calendar days.
(b) Computation of
any period of time referred to in this chapter 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 a legal holiday, then
the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 206 MOTIONS
Gcd 206.01 Motions;
Objections.
(a) Motions shall be
in written form and filed with the presiding officer or presiding panel, 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 objections to such motions shall be recorded in full in the record of
the hearing. If the presiding officer or panel finds that the motion requires
additional information in order to be fully and fairly
considered, the presiding officer or panel shall direct the proponent to submit
the motion in writing and provide supporting information.
(c) Objections to
written motions shall be filed within 30 days of the date of the motion.
(d) Failure by an
opposing party or an intervenor to object to a motion shall not in and of
itself constitute grounds for granting the motion.
(e) The presiding
officer or panel shall hold a hearing on any motion when necessary to obtain
information or clarify issues relating to the motion.
(f) The presiding
officer or presiding panel shall rule upon a motion after full consideration of
all objections and applicable law.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 207 COMMENCEMENT OF THE HEARING; APPEARANCES;
Gcd 207.01 Commencement
of the Hearing.
(a) A hearing shall
be commenced by an order of the commission giving the parties the notice
specified in paragraph (b).
(b) The hearing
notice shall contain:
(1) A statement of the time, place and nature of
the hearing;
(2) A statement of the legal authority under
which the hearing is to be held;
(3) A reference to the applicable statutes and rules;
(4) A short and plain statement of the issues
presented; and
(5) A statement that each party has the right to
have representation by an attorney at the party’s own expense.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 207.02 Appearances
and Representation. A party or
intervenor or the representative of the party or intervenor shall file an
appearance that includes the following information:
(a) The docket
number assigned by the commission or a brief identification of the case;
(b) A statement as
to whether or not the representative is an attorney
and if so, whether the attorney is licensed to practice in
(c) The daytime
address and telephone number of the party, intervenor or representative.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 207.03 Prehearing
Conference.
(a) A prehearing
conference shall be scheduled on the request of any party or intervenor or on
the initiative of the presiding officer or panel if the presiding officer or
panel determines that to do so would facilitate the proceedings or encourage
resolution of the dispute.
(b) Such prehearing
conference shall include one or more of the following:
(1) Offers of settlement;
(2) Simplification of the issues;
(3) Stipulations or admissions as to issues of
fact or proof;
(4) Limitations on the number of witnesses;
(5) Changes to standard hearing procedures;
(6) Consolidation of examination of witnesses;
and
(7) Any other matters which advance the
efficiency of the proceedings.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 207.04 Recording
the Hearing.
(a) The presiding
officer or presiding panel shall record the hearing by tape recording or other
method that will provide a verbatim record.
(b) If any person
requests a transcript of the taped record, the commission 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 person making the
request.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 208 INTERVENTION
Gcd 208.01 Intervention
Procedure.
(a) A non-party may
intervene pursuant to RSA 541-A:32 by filing a motion stating facts
demonstrating that the non-party's rights or other substantial interests might
be affected by the proceedings or that the non-party qualifies as an intervenor
under any provision of law.
(b) If the presiding
officer or panel determines that such intervention would be in the interests of
justice and would not impair the orderly and prompt conduct of the hearing, the
motion for intervention shall be granted.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 208.02 Rights
of an Intervenor. Notwithstanding
the provisions of this chapter, an intervenor's right to participate in the
proceedings shall be subject to any limitations or conditions imposed by the
presiding officer or presiding panel pursuant to RSA 541-A:32,
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 209 CONTINUANCES AND FAILURE TO ATTEND HEARING
Gcd 209.01 Continuances.
(a) Any party or
intervenor may make an oral or written motion that a hearing be delayed or
continued to a later date or time.
(b) A motion for a delay
or a continuance shall be granted if the presiding officer or presiding panel
determines that there is good cause to do so.
(c) Good cause shall
include:
(1) The unavailability of parties, intervenors,
witnesses or attorneys necessary to conduct the hearing;
(2) The likelihood that a settlement will make
the hearing or its continuation unnecessary; and
(3) Any other circumstances that demonstrate that
a delay or continuance would assist in resolving the case fairly.
(d) If the later
date, time and place are known when the hearing is being delayed or continued,
the information shall be stated on the record. If the later date, time and
place are not known at that time, the presiding officer or panel shall as soon
as practicable issue a written scheduling order stating the date, time and
place of the delayed or continued hearing.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 209.02 Failure
to Attend Hearing. If any party to
whom notice has been given in accordance with Gcd 207.01 fails to attend the
hearing, the presiding officer or panel shall:
(a) Declare that
party to be in default; and
(b) Dismiss the case
if the party failing to appear has the overall burden of proof or hear the
testimony and receive the evidence offered by the party attending if the
attending party has the overall burden of proof.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 210 REQUESTS FOR INFORMATION
Gcd 210.01 Voluntary
Production of Information.
(a) Each party and
intervenor shall attempt in good faith to make complete and timely response to
requests for the voluntary production of information and documents relevant to
the hearing.
(b) When a dispute
arises concerning a request for the voluntary production of information or
documents, any party or intervenor may file a motion pursuant to Gcd 210.02 to
compel the production of the requested information or documents.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 210.02 Motions
to Compel Production of Information and Documents.
(a) Any party or
intervenor may make a motion requesting that the presiding officer or presiding
panel order compliance with an information or document request. The motion
shall be filed at least 30 days before the date scheduled for the hearing, or
as soon as possible after receiving the notice of the hearing if such notice is
issued less than 30 days in advance of the hearing.
(b) The motion
shall:
(1) Set forth in detail those facts which its
proponent believes justify the request; and
(2) List with specificity the information or
documents being sought.
(c) The presiding
officer or panel shall grant the motion if its proponent has demonstrated that
compliance with the request is necessary for a full and fair presentation of
evidence at the hearing.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 210.03 Mandatory
Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the
parties and intervenors shall provide to the other parties and intervenors:
(a) A list of all
witnesses to be called at the hearing together with a brief
summary of their testimony;
(b) A list of all
documents and exhibits to be offered as evidence at the hearing; and
(c) A copy of each
document or exhibit.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
PART Gcd 211 RECORD, PROOF, EVIDENCE, DECISION AND
REHEARING
Gcd 211.01 Record. The record of the hearing shall be as set
forth in RSA 541-A:31, VI.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 211.02 Standard
and Burden of Proof. The party or
intervenor asserting a proposition shall bear the burden of proving the truth
of the proposition by a preponderance of the evidence.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 211.03 Testimony;
Order of Proceeding.
(a) Any individual
offering testimony, evidence or arguments shall state for the record his or her
name and role in the hearing. If the individual is representing another person
or an agency, the person or agency being represented shall also be identified.
(b) The testimony on
behalf of the parties shall be offered in the following order:
(1) The testimony of the party or parties bearing
the overall burden of proof and such witnesses as such party or parties may
call; and
(2) Thereafter the testimony of the party or
parties opposing the party who bears the overall burden of proof and such
witnesses as such party or parties may call.
(c) The testimony of
intervenors shall be offered at the time directed by the presiding officer or
presiding panel.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 211.04 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 or presiding panel 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 as well as documents, materials and objects admitted into evidence
shall be public records unless the presiding officer or presiding panel
determines that all or part of them is exempt from disclosure under RSA 91-A:5
or applicable case law.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 211.05 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party or
intervenor may submit proposed findings of fact and conclusions of law to the
presiding officer or presiding panel before or at the hearing.
(b) The presiding
officer or presiding panel shall require the submission of proposed findings of
fact and conclusions of law and specify a date after the close of the hearing
for their submission when:
(1) Any party or intervenor has requested such
action; or
(2) The presiding officer or panel determines
that proposed findings of fact and conclusions of law would clarify the issues
presented at the hearing.
(c) In any case
where proposed findings of fact and conclusions of law are submitted, the
decision shall include rulings on the proposals.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 211.06 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 Gcd 211.07.
(b) Before the
conclusion of the hearing, a party or intervenor may request that the record be
left open to allow the filing of specified evidence not available at the
hearing. If the other parties and intervenors have no objection, or if the
presiding officer or panel determines that such evidence is necessary to a full
consideration of the issues raised, the record shall be kept open for the period of time necessary for the party or intervenor to file
the evidence.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 211.07 Reopening
the Record. The presiding officer or
the presiding panel, on the motion of any party or intervenor or on the
initiative of the presiding officer or panel, shall reopen the record to
receive relevant, material and non-duplicative testimony, evidence and
arguments not previously received if:
(a) No written
proposal for decision pursuant to Gcd 211.08 (c) or final decision pursuant to
Gcd 211.08 (a) has yet been issued; and
(b) The presiding
officer or presiding panel determines that such testimony, evidence or arguments
are necessary to a full and fair consideration of the issues to be decided.
Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 211.08 Decision
After Hearing.
(a) The commission
shall make a final decision on the basis of:
(1) A hearing conducted by the commission;
(2) A written proposal for decision meeting the
requirements of paragraph (c); or
(3) A hearing held pursuant to (d) (2).
(b) A commission
member shall not participate in the commission's decision unless he or she has
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.
(c) If a presiding
officer or presiding panel has been delegated the authority to conduct the
hearing in the absence of a majority of the members of the commission, the
presiding officer or panel shall submit to the commission a written proposal
for decision containing:
(1) The decision proposed by the presiding
officer or panel;
(2) A statement of the reasons for the proposed
decision; and
(3) Findings of fact and rulings of law necessary
to the proposed decision.
(d) If a proposal for decision submitted pursuant
to paragraph (c) is adverse to a party other than the
commission itself or to an intervenor, the commission shall:
(1) Serve a copy of
the proposal for decision on each party to the proceeding and on each
intervenor; and
(2) Provide an opportunity to file objections and
present briefs and oral arguments to the commission.
(e) The commission
shall keep a final decision and a decision after rehearing, if any, on file in
its records for at least 5 years following the date of the final decision or
the date of the decision after rehearing, 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. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13
Gcd 211.09 Filing
and Content of Motion for Rehearing.
(a) A motion for
rehearing shall be submitted to the commission within 30 days from the date of
the final decision of the commission.
(b) A motion for
rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have considered by
the commission; and
(2) Describe how each identified error caused the
commission's decision to be:
a. Illegal in respect to jurisdiction, authority
of the commission or observance of the law;
b. An abuse of discretion; or
c. Arbitrary, unreasonable or capricious;
(3) State concisely the factual findings,
reasoning and legal conclusions proposed by the proponent of the motion; and
(4) Include any argument or memorandum of law the
proponent of the motion wishes to have considered.
Source. #7635-A, eff 1-30-02; ss by
#10339, eff 5-17-13
Gcd 211.10 Standard
for Granting Motion for Rehearing. A
motion for rehearing shall be granted if it demonstrates that the commission's
decision was:
(a) Illegal in
respect to jurisdiction, authority of the commission or observance of the law;
(b) An abuse of
discretion; or
(c) Arbitrary,
unreasonable or capricious.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 211.11 Decision
on Motion for Rehearing. Within 10
days of its receipt of a motion for rehearing, the commission shall notify all
parties and intervenors that it has:
(a) Granted or
denied the motion for rehearing; or
(b) Suspended its
final decision pending further consideration of the motion.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
PART
Gcd 212 RULEMAKING
Gcd 212.01 Petitions
for Rulemaking. Any person may seek
the adoption, amendment or repeal of a rule by submitting to the commission a
petition pursuant to RSA 541-A:4 which shall contain:
(a) The name and address
of the individual petitioner, or, if the request is that of an organization or
other entity, the identity of the entity and the name and address of the representative
authorized by the entity to file the petition;
(b) A statement of
the purpose of the petition, whether the adoption, amendment or repeal of a
rule;
(c) If amendment or
adoption of a rule is sought, the text proposed;
(d) If amendment or
repeal of a rule is sought, identification of the current rule sought to be
amended or repealed;
(e) Reference to the
statutory provision which authorizes or supports the rulemaking petition; and
(f) Information or
argument useful to the director when deciding whether to begin the rulemaking
process.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 212.02 Disposition
of Petitions for Rulemaking.
(a) The commission
shall request additional information or argument from the petitioner or from
others if such additional information or argument is required to reach a
decision.
(b) The commission
shall deny the petition for rulemaking when the adoption, amendment or repeal
sought would result in:
(1) A rule which is not within the rulemaking
authority of the commission;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the commission;
(4) Inconsistency of administrative rules one with
another; or
(5) Excessive burden upon the commission in terms
of cost or a reduction in efficiency or effectiveness.
(c) Within 30 days
of receipt of a sufficient petition the commission shall dispose of it by:
(1) Notifying the petitioner in writing that the
petition is granted and beginning rulemaking proceedings as required by RSA
541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d) The denial of a
petition for rulemaking shall not entitle the petitioner to a hearing.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
PART Gcd 213 PUBLIC COMMENT HEARINGS
Gcd 213.01 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. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 213.02 Public
and Media Access.
(a) Public comment
hearings shall be open to the public, and members of the public shall be
entitled to testify, subject to the provisions of this part.
(b) Public comment
hearings shall be open to print and electronic media, subject to the following
limitations by the commission, or the person designated by the commission to
preside over the hearing, when such limitations are necessary to allow the
hearing to go forward:
(1) Limitation on the placement of cameras to
specific locations within the hearing room; or
(2) Prohibition of interviews conducted within the
hearing room before, during or after the hearing.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 213.03 Conduct
of the Hearing.
(a) Public comment
hearings shall be presided over by the commission chair or another individual
who has been designated by the commission to preside over the hearing.
(b) The person
presiding over the hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules which are the
subject matter of the hearing, and provide copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Establish limits pursuant to Gcd 213.05 (b)
and (c);
(5) Recognize those who wish to be heard;
(6) If necessary, refuse to recognize people for
speaking, or revoke recognition of speakers, pursuant to Gcd 213.05 (a);
(7) If necessary to permit the hearing to go
forward in an orderly manner, effect the removal of a person who speaks or acts
in a manner which is personally abusive or otherwise disrupts the hearing;
(8) If necessary, limit the activity of the media
pursuant to Gcd 213.02 (b);
(9) If necessary, postpone or move the hearing;
and
(10) Adjourn or continue the hearing.
(c) The hearing
shall be postponed in accordance with RSA 541-A:11, IV when:
(1) The weather is so inclement that it is
reasonable to conclude that people wishing
to attend the hearing are unable to do so;
(2) The person scheduled to preside over the hearing
is ill or unavoidably absent; or
(3) Postponement will facilitate greater
participation by the public.
(d) The 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 people who wish to
attend the hearing.
(e) The hearing
shall be continued past the scheduled time or to another date in accordance
with RSA 541-A:11,
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the number of people who wish to attend the
hearing and it is not possible to move the hearing to another location.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 213.04 Public
Participation.
(a) People who wish
to speak about the rules which are the subject matter of the hearing shall be
asked to write on the speaker's list their full names and addresses and, if
they represent other persons, the identity of the persons represented.
(b) People who wish
to speak shall be asked to provide the information called for by paragraph (a)
no later than before the last speaker on the list has finished speaking.
(c) People whose
names appear on the speaker's list shall be afforded an opportunity to speak at
the hearing within the limits on public participation provided in Gcd 213.05.
(d) Written
comments, which may be submitted in lieu of or in addition to oral comments,
shall be accepted for 10 days after the adjournment of the hearing, or after
the adjournment of the postponed or continued hearing.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 213.05 Limitations
on Public Participation. The individual
presiding over the hearing shall:
(a) Refuse to
recognize for speaking or revoke the recognition of anyone who:
(1) Speaks or acts in an abusive or disruptive
manner; or
(2) Refuses to keep comments relevant to the
proposed rules which are the subject matter of the hearing;
(b) Limit the
duration of the hearing and limit the amount of time each speaker may speak to
a time which allocates approximately equal speaking time to each
individual shown on the speaker's list as wishing to speak; and
(c) Limit
presentations on behalf of the same organization or entity to no more than 3,
provided that all those representing such organization or entity may enter
their names and addresses into the record as supporting the position of the
organization or entity.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
PART Gcd 214 DECLARATORY RULINGS
Gcd 214.01 Petitions
for Declaratory Rulings by the Commission.
(a) Any person may
petition for a declaratory ruling by the commission if:
(1) The person is directly affected by RSA 275-C,
RSA 362-E or the administrative rules implementing those statutes; and
(2) The legal issues presented by the petition
taken together with the facts presented pursuant to Gcd 214.02 (a) (2) and in
response to any request of the commission made pursuant to Gcd 214.03 (b) are
not substantially the same as those of a matter pending before the commission
or a court of law.
(b) A petition for a
declaratory ruling shall contain:
(1) The name and address of the person making the
request;
(2) A statement of the interest of the person
making the request;
(3) The text of the ruling being requested;
(4) The reasons for the petition; and
(5) The following declaration signed by the
petitioner or the authorized representative of the petitioner:
"I declare that I have
examined the request for a declaratory ruling, including the accompanying
documents, and state that, to the best of my knowledge and belief, the facts
presented in support of the requested declaratory ruling are true, correct, and
complete."
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 214.02 Documents
Required to Support Petitions for Declaratory Rulings.
(a) A petition for a
declaratory ruling shall be accompanied by:
(1) A statement citing the statutory law,
regulatory law and orders believed to support the ruling being requested;
(2) A statement of the facts believed to support
the ruling being requested; and
(3) Supplementary material necessary to establish
or clarify the facts set forth in the statement of facts.
(b) A petition for a
declaratory ruling may be accompanied by additional material chosen by the
petitioner.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 214.03 Processing
Petitions for Declaratory Rulings.
(a) Within 30 days
of receiving a petition for a declaratory ruling the commission shall advise
the petitioner if the ruling will be delayed by the need for additional
information or the complexity of the issues presented.
(b) If additional
information should be needed, the commission shall specify the additional
information required and request that it be provided in a statement of
additional information which includes the declaration specified in Gcd 214.01
(b) (5) and is accompanied by any material necessary to establish or clarify
the facts set forth in the statement.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 214.04 Issuance
of Declaratory Rulings. When facts
sufficient to support a declaratory ruling or to justify denial of a
declaratory ruling have been established, the commission shall:
(a) Issue a written
declaratory ruling which applies all relevant law to the established facts; or
(b) Issue a written
decision that the commission lacks the subject matter or personal jurisdiction
required for the issuance of a declaratory ruling.
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 214.05 Effect
of Declaratory Rulings. A
declaratory ruling shall:
(a) Apply only to
the petitioner; and
(b) Be confined to
the facts presented pursuant to Gcd 214.02 (a) (2) and in response to any
request of the commission made pursuant to Gcd 214.03 (b).
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 214.06 Issuance
and Publication of Declaratory Rulings.
Declaratory rulings shall be edited as necessary to comply with RSA 91-A
and filed on the day of issue with the director of legislative services in
accordance with RSA 541-A:16, II (b).
Source. #7635-A, eff 1-30-02; ss by #10339,
eff 5-17-13
Gcd 215.01 Alternative
Dispute Resolution by Agreement.
(a) Any person who
has a dispute with the commission shall have the opportunity to attempt to
reach a resolution of the dispute by agreement so long as a hearing of the
dispute has not yet commenced in accordance with Gcd 207.01.
(b) An agreement
resolving some or all of the issues comprising the
dispute shall become effective when its terms have been reduced to a writing
signed by the parties to the agreement.
(c) The signing of a
document setting forth the terms of an agreement resolving some or all of the issues comprising a dispute shall constitute a
waiver of the right to a hearing of the issues resolved by the agreement.
Source. #7635-B, eff
1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10339,
eff 5-17-13
Gcd 215.02 Alternative
Dispute Resolution by Formal Settlement.
(a) After
commencement of a hearing in accordance with Gcd 207.01, any person who has a
dispute with the commission shall have the opportunity to attempt to reach a
resolution of the dispute by formal settlement.
(b) A formal
settlement resolving some or all of the issues
comprising the dispute shall become effective when its terms have been reduced
to a writing signed by the parties to the agreement and the settlement has been
ordered by the commission.
(c) The signing of a
document setting forth the terms of a formal settlement resolving some or all of the issues comprising a dispute shall constitute a
waiver of the right to a hearing of the issues resolved by the formal
settlement.
Source. #7635-B, eff 1-30-02,
EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10339,
eff 5-17-13
Gcd 215.03 Process
for Alternative Dispute Resolution.
The process for alternative dispute resolution shall be:
(a) Conversation between
the executive director and the person who differs with the commission or
between the executive director and that person's representative; or
(b) Any other
process mutually satisfactory to the disputants.
Source. #7635-B, eff
1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10339,
eff 5-17-13
Gcd 216.01 Requests
for Explanation of Adopted Rules.
Any interested person may, before 30 days after final adoption of a rule,
request a written explanation of that rule by making a written request to the
commission including:
(a) The name and
address of the person making the request; or
(b) If the request
is that of an entity, the name and address of the entity and the name and address
of the representative authorized by the entity to make the request.
Source. #7635-B, eff
1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12
New. #10339,
eff 5-17-13
Gcd 216.02 Contents
of Explanation. The commission shall
within 90 days of receiving a request in accordance with Gcd 216.01 provide a
written response which:
(a) Concisely states
the meaning of the rule adopted;
(b) Concisely states
the principal reasons for and against the adoption of the rule in its final
form; and
(c) States, if it
did so, why the commission overruled any arguments and considerations presented
against the rule.
Source. #7635-B, eff
1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12
New. #10339,
eff 5-17-13
CHAPTER Gcd 300 TELECOMMUNICATIONS EQUIPMENT ASSISTANCE
PROGRAM
PART
Gcd 301 PURPOSE
Gcd 301.01 Purpose. These rules implement RSA 362-E and the
telecommunications equipment assistance program of the governor's commission on
disability. The program serves New Hampshire residents who are unable readily to use a standard wire telephone due to being
deaf, hard of hearing, speech impaired, paraplegic,
or unable to use his or her arms. It assists program participants by
providing financial and practical assistance in the acquisition and use of communication
devices enabling the ability to access telecommunication emergency services.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
PART
Gcd 302 DEFINITIONS
Gcd 302.01 Definitions.
(a) "Certifying professional" means, as
appropriate to the disability in question, any physician, physician’s assistant, optometrist, audiologist, otolaryngologist, speech-language pathologist, nurse or nurse practitioner licensed to practice in any state, or a
counselor in the bureau of vocational rehabilitation of this state.
(b) "Commission"
means the governor's commission on disability established by RSA 275-C:2.
(c) "Contractor"
means any agency, company, organization, individual, or group of individuals
with whom the commission contracts to carry out the provisions of RSA 362-E:3,
II.
(d) "Device"
means any mechanical or electrical adaptation for a wire telephone or any
mechanism to be used in connection with or in place of a wire or wireless telephone.
(e) "Home" means a single-family home, an apartment, a rental unit, a
condominium or, in the case of a person residing in a nursing home or other
long-term care facility, the person's room in such nursing home or facility.
(f) "Household" means a family unit
whose members are related by birth, marriage, civil union relationship, or adoption and who share a common home.
(g) "New Hampshire
resident" means an individual whose main domicile is within New Hampshire.
(h) "Telecommunications Equipment Assistance Program (TEAP)" means the program providing
telecommunications equipment assistance established by the commission pursuant
to RSA 362-E:3, I (a).
(i) "Vendor" means any retailer,
wholesaler, distributor, or other provider of equipment from which a person
participating in TEAP has ordered a device and received the device ordered.
(j) "Voice carry over phone" means a
telephone with a digital readout used in conjunction with the services of New Hampshire relay.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-12-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
PART
Gcd 303 ELIGIBILITY FOR PARTICIPATION IN
TEAP
Gcd 303.01 Eligibility
for Participation in TEAP. Participation
in the TEAP program shall be limited to those persons who:
(a) Are New Hampshire residents;
(b) Have at least one of the disabilities set forth in Gcd
303.02;
(c) Either meet the income eligibility standard
for full financial assistance set forth in Gcd 304.04 (a) or pay half the cost of any device received through the program; and
(d) Either have wire or wireless telephone service or, before receiving a device
through the program, have arranged for such service or for the installation of equipment permitting such service and submitted
as proof of the arrangement a copy of the bill for the service or the
installation.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
303.02 Disability Basis for
Participation. The disabilities
forming the basis for participation in TEAP shall be:
(a) Deafness;
(b) Being hard of hearing;
(c) Speech impairment; or
(d) Other inability, by reason of a physical, vision,
hearing or speech disability, to readily use a standard telephone.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
303.03 Application Requirements. An applicant for participation in TEAP shall:
(a) Furnish the information called for by the application form
described in Gcd
303.04;
(b) Provide the verification and dated signature
required by Gcd 303.05;
(c) Submit the completed application form and the
completed certification of disability described in Gcd 303.06; and
(d) Either have voice over internet protocol, wired,
or wireless telephone service or the
necessary equipment permitting the use of
such service available at the time of application or intend to arrange for such
service or installation before receiving a device.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd 303.04 Application
Form. An applicant for participation
in TEAP shall provide the following information on the “Telecommunications
Equipment Assistance Program” form:
(a) The applicant's name;
(b) The applicant's residential and e-mail addresses;
(c) The numbers by which the applicant can be
reached by telephone, TTY or fax, or email;
(d) The applicant’s annual household income;
(e) By checking one of 2 boxes labeled "yes" and
"no", indicate whether:
(1) The
applicant has a disability that makes use of a standard telephone difficult;
(2) The applicant has attached to the application
the certification of disability described in Gcd 303.06;
(3) The applicant lives in New Hampshire;
(4) The
applicant at the time of application has telephone service or, if not, is able
to obtain telephone service;
(5) The applicant receives or is eligible for any of the following programs:
a. Senior companion program;
b. Aid to the
needy blind (ANB);
c. Food stamp program;
d. State-funded childcare;
e. Meals on
wheels;
f. Elderly nutrition program;
g. Aid to the permanently and totally disabled (APTD);
h. Medicaid;
i. State fuel assistance;
j. Temporary Assistance to Needy Families (TANF);
k. Headstart, or;
l. Women, Infants and Children Program (WIC); and
(6) The
applicant meets the income eligibility standard for full financial assistance
or alternatively the applicant is over the income eligibility limit for full
financial assistance and agrees to reimburse the program for 50 per cent of the
cost of equipment approved and ordered.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
303.05 Verification, Signature and
Dating of the Application. An
applicant for participation in TEAP shall sign and date a statement preprinted
on the application form which declares that, to the best of the applicant's
knowledge, all information contained in the application is correct and true.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
303.06 Certification of Disability.
An applicant for participation in TEAP
shall submit or arrange to be submitted on the applicant's behalf a
certification of disability by providing the following information on the “Telecommunications
Equipment Assistance Program Certification of Disability” form:
(a) The applicant's name;
(b) The applicant's disability;
(c) The name, address, and telephone number of an
appropriate professional certifying that the applicant has a disability;
(d) The signature of such certifying professional
to a statement preprinted on the form which declares that he or she certifies
that the applicant has a disability that makes it difficult or impossible to
use a standard telephone; and
(e) The date of signing by the certifying
professional.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
303.07 Procedure for Processing Applications.
(a) Applications shall be reviewed for
completeness in the order that they are received.
(b) An application found to be complete shall be
dated and signed by a commission member or a representative of the contractor
to indicate its status as complete.
(c) An applicant shall receive written
notification of the following decisions within 30 days after the application
has been found to be complete:
(1) The
decision on the applicant's eligibility to participate in the
program; and
(2) The
decision on the applicant's eligibility for full financial assistance.
(d) An applicant who has been denied participation
in the program or full financial assistance shall have the option to reapply.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
PART
Gcd 304 OPERATION OF THE TEAP PROGRAM
Gcd
304.01 Entitlements of Participants
in the Program. A participant in the
TEAP program shall be entitled to:
(a) Evaluation in the participant's customary
environment of the participant's equipment needs for ready communications using
a wireline or wireless telephone;
(b) A professional communications evaluation, if
necessary to determine with accuracy the participant’s equipment needs for
communications using a wireline or wireless
telephone;
(c) Assistance with the selection, design, fit,
application, and use of one or more devices that meet the participant's
equipment needs as determined pursuant to (a) or (b) above;
(d) Receipt
of one or more such devices covered for at least one year by a warranty against
defect; and
(e) Financial assistance with the cost of one or
more such devices in accordance with Gcd 304.04.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
304.02 Ownership of Devices and
Responsibilities of Recipients of Devices.
(a) Devices received by participants shall be the
property of the commission.
(b) Recipients of devices shall return the devices
to the commission or contractor when:
(1) The recipient(s) no longer need them; or
(2) The
recipient(s) change their residency so that they are no longer residents of New
Hampshire.
(c) There shall be no refund to participants who
have paid half the cost of devices when such devices are returned to the
commission or contractor pursuant to (b) above.
(d) Recipients of devices shall be responsible for
the purchase of batteries, printer paper, and any other supplies necessary for
their operation or use.
(e) Recipients of devices shall return to the
vendor for free repair or replacement any device that fails during the warranty period.
(f) Recipients of devices shall be responsible for
the maintenance and repair of devices when their warranty has expired.
(g) Recipients
of devices shall be responsible for the payment of the monthly phone bills and
all other charges incurred.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
304.03 Limitation on Devices
Distributed to Participants.
(a) There shall be no distribution of a newer
model or improved version of a device already distributed to a program
participant for a period of 4 years following the first distribution of the
device to the participant.
(b) If 2 or more devices meet the equipment needs
of a program participant equally well, the program shall distribute to the
participant the least costly of the devices.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
304.04 Financial Assistance.
(a) To the extent that funds are available,
program participants shall be eligible for full financial assistance with the
full cost of any devices they receive through the program if:
(1) Their
adjusted gross income as reported for federal income tax purposes, less
disability-rela ted annual expenses, does not exceed 200 per cent of the
applicable federal poverty level published in the current Federal Register, pursuant to RSA 362-E:3, I(b); or
(2) They are claimed as dependents on the federal income tax return of another
person or persons and the adjusted gross income of such person or persons, less
the program participant's disability-related annual
expenses, does not exceed 200 per cent of the applicable federal poverty level
published in the current Federal Register.
(b) To the extent that funds are available,
program participants who are not eligible under (a) above for full financial
assistance shall be eligible for financial assistance in the amount of 50 per
cent of the cost of any devices they receive through the program.
(c) If funds for financial assistance are
unavailable, persons eligible to participate in the program shall be placed on
a waiting list for financial assistance in the order in which their
applications for participation were found to be complete.
Source. #7636, eff 1-30-02, EXPIRED: 1-30-10
New. #10128, INTERIM, eff 5-16-12, EXPIRED:
11-13-12
New. #10340, eff 5-17-13; ss by #13811, eff
11-23-23
CHAPTER
Gcd 400 Rules Related to permanent registration of service animals
PART Gcd 401 PURPOSE
Gcd
401.01 Purpose. The purpose of these rules is the
implementation of RSA 275-C:6
Source. #10341, eff 5-17-13; ss by #13811, eff
11-23-23
PART Gcd 402 DEFINITIONS
Gcd
402.01 "Service animal'' means any
dog individually trained to do work or perform tasks for the benefit of an
individual with a disability, including a physical, sensory, psychiatric,
intellectual, or other mental disability. Other species of animals, whether
wild or domestic, trained or untrained, are not service animals for purposes of
this definition.
Source. #10341, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
402.02 "Commission" means
"commission" as defined in RSA 275-C:1, I, namely, "the
governor's commission on disability."
Source. #10341, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
402.03 "Person with a
disability" means "person with a disability" as defined in RSA
275-C:1, II, namely, "one who has a physical or mental impairment that
substantially limits one or more of the major life activities of such
individual, a record of such an impairment, or is regarded as having such an
impairment."
Source. #10341, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd
402.04 “Registration tag” means a small
tag issued by the commission and affixed to the service animal which states “
GCD – Permanent Registration” and which
has a unique number.
Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23
PART Gcd 403 PROCEDURES
Gcd 403.01 Application
for Tag and Certificate. Persons wishing to obtain a certificate
or tag stamped, “G C D Permanent Registration” for their service animal, shall
submit a written request to the commission which includes the owner’s:
(a) Name;
(b) Address;
(c) Phone
number;
(d) Email
address and;
(e) City
or town of residency.
Source. #10341, eff 5-17-13; ss by #13811, eff
11-23-23
Gcd 403.02 Issuance
of Tag and Certificate. The commission shall issue a registration
tag and a certificate to the owner of a service animal after verification of
the dog’s permanent registration and licensing with the town.
Source. #10341,
eff 5-17-13; ss by #12869, eff 9-20-19; ss by #13811, eff 11-23-23
Gcd
403.03 Cost. There shall be no fees for the issuance of
registration tags.
Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23
Gcd
403.04 Town Clerk Responsibilities. The town clerk of each town or municipality
shall determine the process by which permanently registered dogs that are
service animals will be tracked for town purposes and ensure that town service
animal owners are not required to participate, in any way, with an annual
renewal of such dog’s registration or licensing.
Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23
Gcd
403.05 Change of Residence. In cases of change of town of residency, the
service animal owner shall re-register the dog at no cost. If the owner has
elected to obtain a tag through the commission, the owner shall let the
commission know of any change in town of residency.
Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23
Gcd
403.06 Death or Retirement of the
Animal. Upon the death or retirement
of a service animal, the owner or person in possession of the service animal
tag shall immediately return the tag to the commission.
Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23
APPENDIX
Rule |
Specific
State Statute the Rule Implements |
|
|
Gcd 101 & 102 |
RSA 541-A:7 |
Gcd 102.03 |
RSA 275-C:1, II |
Gcd 103.01 |
RSA 275-C:1, II; RSA 275-C:2; RSA 275-C:3 |
Gcd 103.02 |
RSA 275-C:4 |
Gcd 103.03(a)-(f), 103.03(j) |
RSA 275-C:6 |
Gcd 103.03(g) |
RSA 362-E:2; RSA 362-E:3 |
Gcd 103.03(h) |
RSA 275-C:9, IV |
Gcd 103.03(i) |
RSA 275-C:11 |
Gcd 103.04 |
RSA 275-C:7 |
Gcd 103.05 |
RSA 275-C:1, II |
Gcd 103.06 & 103.07(a) |
RSA 91-A:2, II |
Gcd 103.07, 103.08, 104.01 & 104.02 |
RSA 541-A:16, I(a) |
Gcd 104.01 & 104.02 |
RSA 541-A:16, I(a) |
Gcd 104.03 |
RSA 91-A:4 |
|
|
Gcd 201 |
RSA 541-A:7 |
Gcd 202.01 |
RSA 541-A:30-a, I; RSA
541-A:31, V(a) |
Gcd 202.02 |
RSA 541-A:7 |
Gcd 202.03 |
RSA 541-A:31, |
Gcd 202.04 |
RSA 541-A:30-a, I; RSA
541-A:31, V(a) |
Gcd 203.01 |
RSA 541-A:30-a, I |
Gcd 203.02 |
RSA 541-A:30-a, |
Gcd 203.03 |
RSA 541-A:30-a, |
Gcd 203.04 |
RSA 541-A:30-a, |
Gcd 204 |
RSA 541-A:30-a, |
Gcd 205 |
RSA 541-A:30-a, |
Gcd 206 |
RSA 541-A:30-a, I |
Gcd 207.01 |
RSA 541-A:31, |
Gcd 207.02 |
RSA 541-A:30-a, |
Gcd 207.03 |
RSA 541-A:31, V (b) &
(c) |
Gcd 207.04 |
RSA 541-A:30-a I |
Gcd 208 |
RSA 541-A:32 |
Gcd 209.01 |
RSA 541-A:30-a, |
Gcd 209.02 |
RSA 541-A:30-a, I |
Gcd 210.01 & 210.02 |
RSA 541-A:30-a, I |
Gcd 210.03 |
RSA 541-A:30-a, |
Gcd 211.01 |
RSA 541-A:31, VI |
Gcd 211.02 |
RSA 541-A:30-a, |
Gcd 211.03 |
RSA 541-A:30-a, I |
Gcd 211.04(a) |
RSA 541-A:33 |
Gcd 211.04 (b) & (c) |
RSA 541-A:30-a, I |
Gcd 211.04(d) |
RSA 91-A |
Gcd 211.05 & 211.06 |
RSA 541-A:30-a, I |
Gcd 211.07 |
RSA 541-A:30-a, |
Gcd 211.08(a)-(d) |
RSA 541-A:30-a, I |
Gcd 211.08(e) |
RSA 541-A:30-a, |
Gcd 211.09 |
RSA 541-A:30-a I |
Gcd 211.10 |
RSA 541-A:30-a I |
Gcd 211.11 |
RSA 541-A:30-a I |
Gcd 212 |
RSA 541-A:16, I(c) |
Gcd 213 |
RSA 541-A:16, I(e)(3) |
Gcd 214 |
RSA 541-A:16, I(d) |
Gcd 215 |
RSA 541-A:38 |
Gcd 216 |
RSA 541-A:11, |
|
|
Gcd 301 & 302 |
RSA 541-A:7 |
Gcd 303.01 |
RSA 362-E:3, I(b) and RSA 362-E:5, I |
Gcd 303.02 |
RSA 362-E:3, I(a) and RSA 362-E:1, IV |
Gcd 303.03 |
RSA 362-E:5, IV |
Gcd 303.04 & 303.05 |
RSA 362-E:3, I(c) and RSA 362-E:5, IV |
Gcd 303.06 |
RSA 362-E:3, I(c) and RSA 362-E:5, II |
Gcd 303.07 |
RSA 362-E:5, IV |
Gcd 304.01 |
RSA 362-E:3, II |
Gcd 304.02(a), (c), (d) and (e) |
RSA 362-E:5, IV |
Gcd 304.02(b) and 304.03 |
RSA 362-E:3, I(d) |
Gcd 304.04(a) |
RSA 362-E:3, I(b) |
Gcd 304.04(b) and (c) |
RSA 362-E:3, I(b) and RSA 362-E:5, IV |
|
|
Gcd 401 |
RSA 275-C :6, VII |
Gcd 402.01 |
RSA 167-D:1, IV; RSA 275-C : 6, VII |
Gcd 402.02 and 402.03 |
RSA 275-C; 1; RSA 275-C : 6, VII |
Gcd 402.04 |
RSA 466: 8, RSA 275-C : 6, VII |
Gcd 403 |
RSA 275-C : 6, VII ; RSA 466:8 |