Statutory Authority: RSA
205-D:20 and RSA 541-A
PART Inst 101 PURPOSE
Inst 101.01 Purpose. The purpose of these rules is to establish the
procedures under which the board shall operate in implementing its statutory
responsibilities created by RSA 205-D
Source. #8492, eff 12-24-05
PART Inst 102 DEFINITIONS OF TERMS
Inst 102.01 “Board” means
“board” as defined in RSA 205-D:1, II.
Source. #8492, eff 12-24-05
Inst 102.02 “Dealer”
means “dealer ” as defined in RSA 205-D:1,IV.
Source. #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.04)
Inst 102.03
“Installer” means “installer” as defined in 205-D:1,IX.
Source. #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.05)
Inst 102.04 “Manufacturer” means “manufacturer” as defined
in RSA 205-D:1, XII.
Source. #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.06)
Inst 102.05
“Manufactured housing” means “manufactured housing” as defined in RSA
205-D:1, XI.
Source. #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.07)
PART Inst 103 ORGANIZATION
Inst 103.01 Composition of Board.
(a) Pursuant to
(b) Biennially, the board elects or appoint a
chairperson, vice-chairperson, and secretary at the first meeting of the board in a calendar year.
Source. #8492, eff 12-24-05; ss by
#10336, eff 5-15-13
Inst 103.02 Presiding
Officer.
(a) The
board chairperson presides at board meetings. In the absence of the
chairperson, the board vice-chairperson presides at meetings.
Source. #8492, eff 12-24-05; ss by
#10336, eff 5-15-13
Inst 103.03 Staff,
Board Committee or Members.
(a) The board shall employ
staff as necessary.
(b) The board shall delegate authority to a board
committee or individual board members to perform operations that fulfill the
board’s statutory responsibilities.
(c) The board shall delegate investigatory and
other functions within its jurisdiction to committees consisting of one or more
board members when such delegations are necessary to perform the board’s work
more efficiently.
(d) Committees shall have authority to
investigate and make recommendations to the board but they cannot make final
determinations on behalf of the board.
(e) Committees shall not have authority to retain
paid advisors or use the voluntary services of non-board members, unless
authorized by the commissioner.
Source. #8492, eff 12-24-05
Inst 103.04 Vacancy. In the event of a vacancy a member will be
appointed as provided in
Source. #8492, eff 12-24-05; ss by #10336, eff
5-15-13
Inst
103.05 Office Hours, Office Location,
Mailing Address and Telephone.
(a) The board’s office shall be located at the
New Hampshire Joint Board, 121 South Fruit Street, Concord, N.H. and shall be
open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.
(b) Correspondence shall be addressed to the
board’s executive director at:
(c) The board’s telephone number shall be
(603)-271-2219.
Source. #8492, eff 12-24-05; ss by #10112, eff 4-14-12
Inst 103.06 Duties
of the Board.
(a) The statutory
responsibilities of the board created by RSA 205-D:2, V and 205-D:3 shall
include but are not limited to:
(1) Adopting rules and regulations to administer
RSA 205-D in accordance with RSA 541-A;
(2) Establishing licensing qualifications and
standards for manufactured housing installers;
(3) Implementing and otherwise carrying out the
issuance of licenses to persons who engage in installation of manufactured
housing;
(4) Setting reasonable standards for installation
including but not limited to, supports, anchoring and underpinning of
manufactured houses installed in this state;
(5) Establishing fees, costs and assessments
including, but not limited to, licensure, license renewal, training, inspections,
and warranty seals;
(6) Conducting investigations and inspections;
(7) Addressing complaints from consumers, park
owners, manufacturers, retailers or installers of manufactured housing;
(8) Undertaking disciplinary proceedings which
shall result in license suspension, revocation, an order to participate in a
continuing education program, probation, payment of fine, or dismissal of the
complaint;
(9) Conducting fair and impartial hearings,
issuing written decisions, orders and rulings;
(10) Developing forms as necessary;
(11) Developing and providing a program to train
and educate installers or referring to a board approved program developed and
taught by a private agency; and
(12) Developing and providing alternative dispute
resolution through the board or referring to a board approved private agency
offering alternative dispute resolution.
Source. #8492, eff 12-24-05; amd by
#10336, eff 5-15-13
PART Inst 104 MEETINGS, DELIBERATIONS AND DECISIONS
Inst 104.01 Meetings. The board shall meet at such times as called
for by the chair or by vote of the board.
Source. #8492, eff 12-24-05; ss by #10112, eff 4-14-12
Inst 104.02 Quorum.
(a) A quorum of the
board shall require at least 5 members present.
(b) Unless otherwise
provided by law, a quorum shall be required for members of the board to gather
for the purpose of discussion, receiving information, conducting a hearing or
issuing final board decisions by the vote of a majority of the board members
present and eligible to participate.
Source. #8492, eff 12-24-05; amd by #10112, eff 4-14-12; amd by #10336, eff
5-15-13
Inst 104.03 Decisions.
(a) The board’s
final decisions shall be issued only after the necessary majority has voted on
the motion.
(b) A board member
who was present at a hearing but absent from the meeting at which a tentative
decision was reached shall be eligible to vote on the final decision prepared
in accordance with the board’s direction, if the member is not otherwise
recused from the matter in question.
Source. #8492, eff 12-24-05
PART Inst 105 PUBLIC INFORMATION
Inst 105.01 Requests
for Information.
(a) All requests for
information shall be directed to the address provided in Inst 103.05 or by
telephone at (603) 271-2219.
(b) Persons who
request copies of board records shall reasonably describe the information
sought.
(c) Public records
not otherwise declared confidential by law shall be available for inspection at
the office of the board by appointment.
(d) If records are
requested which contain both confidential and public information the board will
redact the confidential information and provide the remaining information.
(e) In accordance
with RSA 91-A:4, persons who request copies of board records shall pay a copy
fee of $1.00 per page.
(f) Notwithstanding
(e) above, a person who requests a copy of a transcribed record shall pay a fee
of $3.75 per page.
(g) Staff for the
board shall respond to requests to examine records of the board.
Source. #8492, eff 12-24-05; amd by #10112,
eff 4-14-12
CHAPTER Inst 200 PRACTICE AND PROCEDURE
Statutory Authority: RSA 541-A:16, I and RSA 541-A:30-a, I
PART Inst 201 PURPOSE AND SCOPE
Inst 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 its statutory jurisdiction. These rules
shall be construed to secure the just, efficient and accurate resolution of all
board proceedings.
Source. #8493-A, eff 12-24-05
Inst 201.02 Scope. The rules in this chapter shall apply to any
adjudicative proceeding conducted by the board.
Source. #8493-A, eff 12-24-05
PART Inst 202 DEFINITIONS
Inst 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) “Adjudicative
proceeding” means “adjudicative proceeding” as defined by RSA 541-A:1, I.
(b) “Appearance” means
a written notification to the agency that a party or a party’s representative
intends to actively participate in a hearing.
(c) “Complaint” means a written allegation filed by an
aggrieved consumer, park owner, manufacturer, retailer or installer of
manufactured housing having a dispute relative to installation or a
disciplinary proceeding alleging the wrongs allegedly committed by a licensee.
(d) “Data” means all
information, other than argument, including oral or written descriptions,
reports, maps, charts, drawings, photographs, audio or video recordings,
computer programs or printouts.
(e) “Hearing” means
"adjudicative proceeding" namely the procedure to be followed in
contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36, and Inst
200.
(f) “Intervenor”
means a person with party status who participates in a hearing to the extent
permitted by the presiding officer.
(g) “Intervention”
means a procedure by which a third party, not originally a party to the
proceeding but claiming an interest, comes into the proceeding to protect the
right or interest which formed the basis for intervention.
(h) “Investigation”
means a formal search by the board for information and data concerning matters
within its jurisdiction.
(i) “Motion” means
any request by a party to the board for an order or ruling directing some act
to be done in favor of the party making the motion, including a statement of
justification or reasons for the request.
(j) “Nonadjudicative
processes” means “nonadjudicative processes” as defined by RSA 541-A:1, X.
(k) “Order” means
“order” as defined by RSA 541-A:1, XI.
(l) “Party” means
“party” as defined by RSA 541-A:1, XII.
(m) “Person” means
“person” as defined by RSA 541-A:1, XIII.
(n) “Proof by a preponderance
of the evidence,” means a demonstration by admissible evidence that, as a
whole, tends to make the truth of the fact or legal conclusion more likely than
not.
(o) “Proposed
decision” means a recommended decision made by the presiding officer, which is
subject to review by a quorum of the board.
(p) “Rulemaking”
means the procedures for formulating agency rules as set forth in RSA 541-A:3.
Source. #8493-A, eff 12-24-05
Inst 203.01 Presiding
Authority.
(a) All hearings
shall be conducted before a quorum of the board at the call of the presiding
officer.
(b) A presiding
officer shall as necessary:
Source. #8493-A,
eff 12-24-05
Inst 203.02 Withdrawal
of Presiding Officer or Board Member.
(a) Upon his or her
own initiative or upon the motion of any party, a presiding officer or board
member shall, for good cause, withdraw from any hearing.
(b) Good cause shall
exist if a presiding officer or board member:
(c) Mere knowledge of
the issues, the parties or any witness shall not constitute good cause for
withdrawal.
Source. #8493-A, eff 12-24-05
Inst 204.01 Failure
to Comply with Procedural Rules or Orders.
(a) Failure to
comply with the rules of this chapter shall be grounds for:
Source. #8493-A, eff 12-24-05
Inst 204.02 Waiver
or Suspension of Procedural Rules or Orders. The presiding officer upon his own initiative
or upon the motion of any party, shall suspend or waive any procedural
requirement or limitation imposed by this chapter upon reasonable notice to affected
persons when the proposed waiver or suspension is determined to be lawful and
would be more likely to promote the fair, accurate and efficient resolution of
issues pending before the board than would adherence to a particular rule or
procedure.
Source. #8493-A, eff 12-24-05
Inst 205.01 Representatives.
(a) Persons
appearing before the board shall be represented by a competent individual of
good character who:
(b) Motion for leave
to appear before the board shall:
(c) Corporations,
partnerships and other legal entities which are not natural persons shall be
represented only by:
(d) Nothing in this
section shall be construed to permit the unauthorized practice of law.
(e) The board shall,
after notice and opportunity for hearing, prohibit or restrict an individual
from acting as a representative upon a finding that the individual has
repeatedly violated rules or orders of the board, willfully disrupted board
proceedings, or made material misrepresentations to the board or a party in a
board proceeding.
(f) Any prohibition
or restriction issued under (e) above, shall apply to the board’s proceedings
either pending or in the future, or any combination thereof, as warranted by
the circumstances of the case.
Source. #8493-A, eff 12-24-05
Inst 206.01 Computation
of Time.
(a) Unless otherwise
specified, all time periods referenced shall be calendar days. Computation of any time period 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.
(b) If the last day
of the period so computed falls on a Saturday, Sunday, or legal holiday, then
the time period shall be extended to include the first business day following
the Saturday, Sunday or legal holiday.
Source. #8434-A, eff 12-24-05
Inst 206.02 Change
in Allowed Times. Except where a time
period is fixed by statute, the board shall, upon motion or upon its own
initiative, enlarge or shorten the time provided for the filing any document,
or advance or postpone the time set for any oral hearing, pre-hearing
conference, or other activity upon a finding that the interest of the moving
party outweighs any detriment likely to be suffered by any other party or the
public interest.
Source. #8493-A, eff 12-24-05
Inst 206.03
Limitations. A motion to
change time shall be filed at least 5 days before the scheduled date of the
event in question.
Source. #8493-A, eff 12-24-05
Inst 207.01 Filing
Documents with the Board.
(a) All written
documents shall be rebuttably presumed to have been issued on the date noted on
the document.
(b) A document shall
be considered filed when it is actually received at the board’s office and is facially
in conformity with the board’s rules. A filed document shall be date stamped by
the board or its staff. Date of receipt may also be handwritten on the document
if initials of the person verifying receipt are also on the document.
(c) 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
subject to subsequent acceptance if the deficiencies are corrected and the
document is refiled within the applicable time period.
(d) All complaints,
motions, exhibits, memoranda or other documents filed in connection with a
request for board action shall be filed with an original and 14 copies unless
the board directs that a lesser number of copies be furnished.
(e) Notwithstanding
(d) above, a single copy shall be filed of:
(f) Failure to
furnish the required number of copies shall result in the tendered document
being returned as unacceptable for filing.
(g) The signature on
a document filed with the board shall constitute a certification that:
Source. #8493-A, eff 12-24-05
Inst 207.02 Format
of Documents.
(a) All
correspondence, complaints, pleadings, motions, replies or other documents
filed under these rules shall:
Source. #8493-A, eff 12-24-05
Inst 207.03 Delivery
of Documents.
(a) Complaints
against licensees shall be filed with the board, with service upon the licensee
made by the board within a reasonable time after receipt and review of the
complaint. The board will forward a copy
of the complaint to the licensee by certified mail.
(b) Applications,
petitions for rulemaking and petitions for declaratory rulings shall be filed
with the board without service upon other persons.
(c) All objections,
motions, replies, memoranda, exhibits, or other documents filed in connection
with a request for board action shall be served by the proponent upon all
interested parties by:
(d) Notices, orders,
decisions or other documents issued by the board in connection with requests for
board action shall be served by the board upon all interested parties by
either:
(e) When the party
appears by representative, service shall be upon the representative.
(f) Except for
exhibits distributed at a pre-hearing conference or hearing, every document
filed with the board and required to be served upon the parties to an
adjudicative hearing 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. #8493-A, eff 12-24-05
Inst 208.01 Complaints.
(a) Complaints
pursuant to
(b) Complaints
pursuant to RSA 205-D:6 shall include the following:
(1) The name and address of the complainant;
(2) The name and address of the complainant’s
representative, if any;
(3) The specific facts or circumstances giving
rise to the complaint;
(4) The particular action or conduct complained of
which warrants relief;
(5) The description of the
action which the complainant wishes the board to take; and
(6) A citation to any statutes and rules which
entitles the complainant to the relief requested.
(c) The complaint
shall be signed, in accordance with Inst 207.02.
(d) Service of the
written complaint shall be made upon the respondent by the board by prepaid
certified mail, return receipt requested.
(e) The board shall
not act upon any documents that do not conform to this rule.
(f) The board shall
review all written complaints within 90 days of the date that notice of a
complaint was received by the complainant unless otherwise agreed to by the
parties.
Source. #8493-B, eff
12-24-05; ss by #10113, eff 4-14-12
Inst 208.02 Replies
to Complaints.
(a) Replies to
complaints under
(b) The respondent
shall provide on form Inst 2 the following information:
(1) The name and address of the respondent;
(2) The name and address of the representative of
the respondent as applicable;
(3) A statement admitting or denying each fact
alleged in the complaint;
(4) A statement admitting or denying the
authority identified by the complainant;
(5) A concise statement of any additional or
different facts which warrant the board acting in the manner requested by the
respondent;
(6) A citation to any statutes, rules, orders or
other authority, not identified in the complaint, having a bearing upon the
subject matter of the petition; and
(7) A description of the action which the
respondent wishes the board to take.
(c) A reply form
shall be signed and dated by the proponent of the document or if the party appears
by representative, by the representative.
(d) Respondent shall
file the reply within 30 days of receipt of Inst 2.
(e) Any fact
contained in the complaint, which is not denied, shall be deemed admitted by
the respondent. A statement that the respondent lacks sufficient knowledge to
admit or deny shall be treated as a denial. The complainant shall be presumed
to deny all allegations in the reply and no response shall be permitted to the
reply.
Source. #8493-B, eff
12-24-05; ss by #10113, eff 4-14-12
Inst 208.03 Disciplinary
Complaints of Licensee Misconduct.
(a) The board upon
request shall provide a disciplinary complaint form. Complaints alleging
misconduct by licensees in violation of RSA 205-D:13 shall be in writing and
filed at the board’s office in
(b) A disciplinary
complaint shall be treated as a request for the initiation of disciplinary
proceedings by the board. The board shall serve the complaint and a notice of hearing
on the licensee at least 14 days before any hearing relative to a complaint
against a licensee by registered mail, return receipt or personal delivery in
hand.
(c) A disciplinary
complaint shall contain the following information:
(d) The disciplinary
complaint shall be sworn to, signed and dated by the proponent of the document,
or if the party appears by representative, by the representative.
(e) A complaint
shall be subject to dismissal at any time upon the determination that it:
(f) A withdrawal of
the complaint shall not preclude the board from independently pursuing some or
all of the allegations of misconduct alleged by the complainant. The board may institute a disciplinary
complaint on its own.
(g) Upon receiving
the written consent of the licensee to a specific written proposal, the board
shall consider whether to approve a settlement agreement or a consent decree
which resolves some or all of the issues in a disciplinary proceeding. Motions to approve settlement agreements
shall be entertained until a notice of hearing is issued. Once a notice of hearing is issued,
settlements shall only be accomplished by means of a consent decree.
(h) Settlements
pursuant to (g) above shall not be granted if:
(i) Unless otherwise agreed to by the board, the
licensee and the complainant, a hearing on disciplinary complaints shall be
held within 90 days of the date of notice served on licensee, pursuant to (b)
above.
Source. #8493-A, eff 12-24-05
Inst 208.04 Motions
and Objections Thereto.
(a) Motions shall be
in writing unless the nature of the relief requested requires oral presentation
upon short notice.
(b) Motions shall
state clearly and concisely:
(c) All motions
shall be signed and dated by the proponent of the document or, if the party
appears by representative, by the representative.
(d) Objections shall
state clearly and concisely:
(e) An objection shall
specifically admit or deny each fact contained in the motion. Failure to deny a fact shall not in and of
itself constitute grounds for granting the motion. In the event a party filing an objection
lacks sufficient information to either admit or deny a fact contained in the
motion the party shall so state, specifically identifying such fact.
(f) Repetitious
motions shall not be submitted. Motions shall be decided upon the writings
submitted.
(g) Objections to
motions shall be filed within 10 days after filing of the motion.
(h) The presiding
officer or the board shall rule on the motion after full consideration of all
objections and other relevant factors.
If the presiding officer or board finds it needs additional information
to rule on a motion, the proponent shall be directed to provide additional
information and supporting documentation.
(i) If necessary, a
hearing shall be held on the motion.
Source. #8493-A, eff 12-24-05
Inst 208.05 Motion
for Continuance.
(a) If a party
requests a continuance it shall be granted if the presiding officer determines
that good cause has been demonstrated.
(b) For the purposes
of (a) above, good cause shall include:
Source. #8493-A, eff 12-24-05
Inst 209.01 Applicability. This part shall govern all proceedings
conducted by the board except rulemaking and non-adjudicative investigations.
Source. #8493-A, eff 12-24-05
Inst 209.02 Commencement
of Hearing.
(a) A hearing shall
be commenced by
(b) The hearing
notice shall contain:
Source. #8493-A, eff 12-24-05
Inst 209.03 Docketing,
Service of Notice, Public Notice.
(a) The board shall assign
each proceeding a docket number and serve the hearing notice upon all parties
to the proceeding. Hearing notices shall
be served by first class US mail at the last known address.
(b) Service of all
subsequent orders, decisions and notices shall also be by first class US mail
at the last known address.
(c) Orders, notices
and decisions of the board and motions, memoranda, exhibits and other documents
and data submitted shall be kept in a docket file and made available for public
inspections, upon written request, except if confidential by law.
Source. #8493-A, eff 12-24-05
Inst 209.04 Intervention.
(a) A person
requesting to intervene shall state in writing with particularity:
(b) A copy of the
request shall be mailed to the board and all persons identified as
participating in the proceeding.
(c) A request to
intervene shall be granted if it is determined by the board that:
(d) The request, if
granted, may be subject to appropriate conditions or limitations which will be
subject to modification at any time.
(e) Once granted,
the intervenor shall take the proceeding as it finds it and no portion shall be
repeated because of intervention.
Source. #8493-A, eff 12-24-05
Inst 209.05 Right
to Counsel.
(a) Parties or
witnesses in an adjudicative proceeding shall have a right to be represented by
legal counsel.
(b) An attorney
appearing on behalf of a party shall file at the earliest practical date a
letter announcing the fact of representation.
(c) Requests for
appointment of counsel shall not be entertained and the board shall have no responsibility
for legal expenses of any licensee, applicant, party, intervenor or witness.
Source. #8493-A, eff 12-24-05
Inst 209.06 Pre-Hearing
and Other Informal Conferences.
(a) Any party may request
a pre-hearing or informal conference, or the presiding officer shall schedule
on his or her own initiative and direct the parties to attend one or more
scheduled pre-hearing conferences in accordance with RSA 541-A:31, V(c) and RSA
541-A:38.
(b) Matters to be
addressed at a prehearing conference shall include:
(c) The board shall
record all pre-hearing conferences.
Source. #8493-A, eff 12-24-05
Inst 209.07 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 that is reasonably related to the
subject matter of the proceeding.
(b) Parties shall
attempt to agree among themselves the exchange of relevant information. If
these efforts prove unsuccessful, a party wishing to initiate discovery against
another shall, by motion, identify the exact type of discovery requested and
include a request to compel.
(c) A motion to
compel shall:
(d) The presiding
officer shall grant the motion to compel if the proponent has demonstrated that
the information being sought is necessary for a full and fair presentation of
evidence at hearing.
(e) The presiding
officer shall prepare a schedule for completion of discovery.
(f) The presiding
officer shall also order parties and intervenor to prepare a list of all
witnesses and a brief summary of their testimony.
(g) Discovery shall
be permitted to avoid placing a party at a disadvantage and if it will not
cause material unfairness or unreasonable expense. It shall be permitted to
allow for the fair and full presentation of evidence during the hearing.
Source. #8493-A, eff 12-24-05
Inst 209.08 Evidence.
(a) All data which
will assist the board to arrive at the truth shall be admitted. However, data that is irrelevant,
repetitious, immaterial or insulting shall be excluded. The presiding officer shall determine
admissibility of evidence.
(b) Oral testimony
shall be allowed unless written evidence is determined by the board to be more
efficient.
(c) Witnesses
appearing before the board shall testify under oath or affirmation.
Source. #8434-A, eff 12-24-05
Inst 209.09 Record
of Hearings.
(a) The board shall
cause a digital record to be made of all hearings.
(b) A copy of the
digital record will be provided upon request and upon providing the required
number of CD(s) upon which the record is copied and a $25 fee.
(c) 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. #8493-A, eff 12-24-05
Inst
209.10 Burden of Proof.
(a) The party asserting
the affirmative of a proposition shall have the burden of proof unless
otherwise provided by statute.
(b) The person
filing a motion shall have the burden of persuading the board the motion should
be granted.
Source. #8493-A, eff 12-24-05
Inst
209.11 Standard of Proof. The board shall decide contested issues in
adjudicative proceedings based upon the preponderance
of the evidence.
Source. #8493-A, eff 12-24-05
Inst
209.12 Method of Proceeding.
(a) An evidentiary
hearing shall be scheduled when facts are in dispute, personal observation of
witnesses is necessary or cross-examination is desirable or necessary. Such a
hearing shall not preclude the opportunity to submit a memoranda.
(b) Notwithstanding
(a) above, if the board determines that the submission of affidavits and
memoranda will suffice when facts are in dispute and witnesses are not
necessary no hearing shall be scheduled.
(c) Oral argument
shall be allowed when the board determines a substantial need for such
procedure after review of memorandum, briefs, and argument submitted by the
parties.
(d) Parties may be
allowed opening and closing statements if the board so declares and there may
also be written submissions at the board’s direction.
(e) Notwithstanding
anything in this section, the board may structure individual proceedings in a
manner suitable to its particular subject matter so long as due process
requirements are met.
Source. #8493-A, eff 12-24-05
Inst 209.13 Inquiry
by Presiding Officer or Board Members.
(a) The presiding
officer shall make inquiry of witnesses, parties or counsel as he or she deems
necessary to develop a sound record of the proceeding.
(b) Other board
members participating in the proceeding shall have the right to ask questions
subject to recognition by the presiding officer.
Source. #8493-A, eff 12-24-05
Inst 209.14 Proposed
Findings of Fact and Conclusions of Law.
(a) Approval of a
request by the parties to submit proposed findings of fact and conclusions of
law shall be at the presiding officer’s discretion.
(b) The presiding
officer shall direct any party to submit proposed findings of fact or
conclusions of law if the presiding officer believes they would assist the
board in rendering a decision. If such
an order is issued, individual rulings on each finding or conclusions shall be
included as part of any proposed or final decision. If there is a transcript the party shall cite
the page, paragraph and line that it believes supports its finding or
conclusion.
(c) The board may
limit the number findings of fact and rulings of law and it may in full or in part,
admit or deny.
Source. #8493-A, eff 12-24-05
Inst 209.15 Ex
Parte Communications. Once an
adjudicative proceeding has begun, no party shall communicate directly or indirectly
with a participating board member or the presiding officer concerning the
merits of the case except upon notice to all parties.
Source. #8493-A, eff 12-24-05
Inst 209.16 Role
of Complainants in Enforcement of Disciplinary Hearings. Unless called as a witness or granted party
or intervenor status, a person who initiates an adjudicative proceeding by
complaining to any agency about the conduct of a person who becomes a party
shall have no role in any enforcement of a disciplinary hearing.
Source. #8493-A, eff 12-24-05
Inst 209.17 Disciplinary
Hearings.
(a) Adjudication of
misconduct allegations shall be conducted in accordance with this part and as
supplemented by the hearing order and other procedural orders served upon the
parties which shall establish the particular scheduling and filing requirements
applicable to each case.
(b) A hearing notice
shall be subject to substantive amendment by the board at any time prior to the
issuance of a final order. However, the parties shall receive at least 15 days
notice and an opportunity to be heard on any new or materially different
misconduct allegation to be decided in a particular disciplinary proceeding.
(c) If ordered to do
so by the presiding officer, the licensee shall respond in writing to stated
misconduct allegations by admitting or denying each allegation within a
reasonable period of time as established by the board.
(d) The board shall
have authority to appoint an individual to investigate and to prosecute
misconduct allegations in furtherance of the public protection at any time
during a disciplinary hearing. The
decision to appoint shall be the sole discretion of the board and shall not be
the subject of a motion by any party.
(e) When the board
receives notice that a licensee has been subjected to disciplinary action by
the licensing authority in another jurisdiction, the board shall issue an order
directing the licensee to demonstrate why reciprocal disciplinary action should
not be taken in
(f) When the board
receives information indicating that a licensee has engaged in or is likely to
engage in professional misconduct which poses an immediate safety danger to the
public or a consumer, the board shall issue an order which sets forth the
alleged misconduct and immediately suspends the license pending completion of
an adjudicative proceeding on the specified issues.
Source. #8493-A, eff 12-24-05
Inst 209.18 Immediate
Suspension of Licenses.
(a) Upon a finding
that a public safety hazard exists that requires emergency action against a
licensee, the board shall, without a hearing, suspend a license by issuing a
written order incorporating the specific finding.
(b) The board shall
initiate a hearing no later than 10 days after the issuance of an order
pursuant to (a) above.
(c) No hearing date
established pursuant to (b) above shall be postponed at the request of the
licensee unless the licensee agrees to continue the suspension period pending
issuance of the board’s final decision.
(d) If the no
hearing is initiated within the 10 days after the issuance of an order, the
suspension shall be vacated unless the deadline is waived by the licensee or
the licensee requests a continuance.
(e) If the
suspension is vacated, the board may not again suspend the licensee on the
basis of the same conduct without giving the licensee prior notice and the
opportunity to be heard.
Source. #8493-A, eff 12-24-05
Inst 209.19 Expedited
Hearing.
(a) The board shall
grant a request for an expedited hearing upon review of a complaint setting forth
facts in sufficient detail to support such a request. A person requesting an
expedited hearing shall be required to waive in writing the 15 day notice
requirement.
(b) Reasons for such
requests shall include, but not be limited to, economic hardship, medical
emergency or other circumstances in which a delay of a hearing would cause
irreparable harm.
(c) The opposing
party may respond to a request for an expedited hearing or may request a
continuance under Inst 208.05.
Source. #8493-A, eff 12-24-05
Inst 209.20 Failure
to Attend Hearing.
(a) Failure of a
party to attend or participate in the hearing shall result in the party being
declared in default if it has the burden of proof, has been given notice, but fails
to attend the hearing. In this instance, the case shall be dismissed.
(b) If the party
does not have the overall burden of proof and fails to attend a hearing after
having been given notice, the testimony and evidence of any other parties or
intervenors shall be received and evaluated.
(c) If the party who
has the overall burden of proof attends the hearing but fails to present
evidence or argument a decision will be entered against that party.
(d) Notwithstanding any
rule to the contrary, the board shall not dismiss a matter if good cause
existed for failure to appear. Good cause in these circumstances means beyond
the control of the party.
(e) If the presiding
officer believes a default should enter against a party, the presiding officer
shall issue a written recommendation, with service on the parties, and action
will be taken by the board 10 days after objections are filed.
Source. #8493-A, eff 12-24-05
Inst 209.21 Decisions.
(a) A board member
shall not participate in making a decision unless he or she has personally
heard the testimony unless the matter’s disposition does not depend on the
credibility of any witness and the record provides a reasonable basis for evaluating
testimony.
(b) The disposition
of the hearing shall be in writing and shall set forth findings of fact,
conclusions of law and a final disposition as set forth in RSA 541-A.
(c) Final
adjudicative order of the board and orders denying petitions for declaratory
rulings or rulemaking, shall take effect on the date they are served upon the
parties pursuant to Inst 207.03 (d).
Source. #8493-A, eff 12-24-05
Inst 209.22 Exceptions
to Interlocutory Rulings by the Presiding Officer. The board shall not entertain interlocutory
appeals of procedural or discovery orders made by the presiding officer.
Source. #8493-A, eff 12-24-05
Inst 210.01 Motion
for Reconsideration or Rehearing.
(a) 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 “reconsideration” and “rehearing.”
(b) A motion for
reconsideration shall:
(c) The board shall
grant or deny the motion, or any part thereof, on its merits to the extent the
motion has demonstrated the decision is unlawful, unreasonable or unjust. The
board shall treat the motion as one of reopening and order the receipt of such
additional data or additional argument as it considers necessary to evaluate
any newly discovered evidence or to cure any alleged procedural orders.
(d) The board shall
not grant a motion for reconsideration or rehearing for 5 days after the motion
is filed in order to permit the opposing party to respond.
(e) After the board has
granted a motion for reconsideration or rehearing, the board shall affirm its
order, modify its order or reverse its order as justice and equity require.
Source. #8493-A, eff 12-24-05
Inst 210.02 Stay
of Board Orders.
(a) Board actions
shall be stayed only in response to a specific motion.
(b) A motion for
stay shall be considered only if it is filed within the time period for
requesting reconsideration and shall demonstrate good cause sufficient to
warrant the stay.
(c) Filing a motion
for reconsideration shall not automatically stay a board order.
Source. #8493-A, eff 12-24-05
Inst 211.01 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 party’s motion or on the board’s own initiative.
Source. #8493-A, eff 12-24-05
Inst 211.02 Severance.
(a) Severance shall
be ordered in response to a motion from a party or on the board’s initiative.
(b) The board shall
sever one or more issues from a proceeding and dispose of those issues in
another proceeding when it would promote the fairness of the proceeding.
Source. #8493-A, eff 12-24-05
Inst 212.01 Formal
Investigation.
(a) The board shall
commence a formal investigation when
necessary for
the purpose of obtaining documents, recording testimony and otherwise gathering
information relevant to any matter within its jurisdiction.
(b) Formal
investigations shall be commenced by the issuance of any order containing:
(1) The statutory or regulatory authority for the
investigation;
(2) Statutes or rules believed to have been violated,
or the possible regulatory action being contemplated by the board;
(3) Identity of the person(s) who are subjects of
the investigation;
(4) The general nature of the conduct being
investigated;
(5) Identity of the investigating officer(s);
(6) The date upon which the investigating officer
shall report the findings and recommendations; and
(7) Other provisions including time, place and
manner in which the investigation is to be conducted.
(c) The issuance of
an order to investigate shall not commence a disciplinary hearing and shall not
constitute an allegation of misconduct against a license holder. It shall be
declared an unverified complaint until completion of the investigation.
Source. #8493-B, eff
12-24-05; ss by #10113, eff 4-14-12
Inst 212.02 Investigators. The board shall, as necessary appoint a
member, investigator or other qualified person or committee to conduct an
investigation.
Source. #8493-B, eff 12-24-05;
ss by #10113, eff 4-14-12
Inst 212.03 Misconduct
Investigations.
(a) The board shall
conduct such non-adjudicative investigations as it deems necessary to examine
an act of possible misconduct which has come to its attention through complaints
or other means or to satisfy itself that misconduct has not occurred.
(b) When a
misconduct investigation occurs, an investigator designated by the board shall
contact such persons and examine records and documents as are necessary to make
a recommendation as to whether or not further board action should be taken.
(c) Investigations,
including those based on allegations in a complaint, shall be conducted on an
ex parte basis except to the extent the investigator elects to share
information with the subject of investigation or with a complainant.
(d) In formal misconduct investigations, the investigator
shall make a written report and recommendations to the board as to whether
there is a reasonable basis to conduct further disciplinary proceedings.
(e) Investigator
reports and all information gathered by an investigator shall be kept
confidential except that:
(1) The investigator’s report shall be made
available to the parties in any adjudicative proceeding;
(2) Information gathered by the investigator
shall be subject to public disclosure if it is introduced as evidence in a
disciplinary hearing; and
(3) Information gathered in disciplinary
investigations shall be made available to:
a. Law enforcement agencies;
b. Licensing agencies in other jurisdictions;
c. Board investigators or prosecutors;
d. Expert witnesses or
assistants retained by board prosecutors or investigators in the same
disciplinary matters; and
e. A licensee, complainant, or other person with
knowledge of the subject matter of a particular misconduct allegation, when
such disclosure would assist the board investigation; and
(4) Copies of investigations shall be provided to
all board members;
(f) No investigator shall have ex-parte
communication with the board concerning the subject complaint.
Source. #8493-B,
eff 12-24-05; ss by #10113, eff 4-14-12
Inst 213.01 Rulemaking
Petition.
(a) Petitions for rulemaking
shall be in writing.
(b) The petitioner
shall include the following in his or her rulemaking petition:
(c) Petitions shall
be sent to:
(d) The board shall
use the following criteria to determine whether a rulemaking petition should be
granted or denied:
(f) Pursuant to RSA
205-D and RSA 541-A:4, the board shall notify the petitioner in writing whether
the petition was granted or denied. If
denied, the notification letter shall state the reasons for denial.
Source. #8493-A, eff 12-24-05; amd by #10114,
eff 4-14-12
Inst 213.02 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 Inst. 213.01.
Source. #8493-A, eff 12-24-05
Inst 214.01 Scope. This part shall apply to rulemaking hearings
pursuant to RSA 541-A:11.
Source. #8434-A, eff 12-24-05
Inst. 214.02 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. #8493A, eff 12-24-05
Inst 214.03 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:
Source. #8493-A, eff 12-24-05
Inst 214.04 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. #84943A, eff 12-24-05
Inst 214.05 Postponement
and Continuations.
(a) The chairperson
or designee shall postpone a hearing to a later date, time or place in the event
of:
(b) The chairperson
or designee shall continue a hearing to a later date, time or place in the
event that:
(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. #8493-A, eff 12-24-05
Inst 214.06 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. #8493-A, eff 12-24-05
Inst 214.07 Copies
of Recordings.
(a) All rulemaking
hearings shall be recorded.
(b) A copy of the
digital record shall be provided upon request and upon providing the required
number of CD(s) upon which the record is copied and a $25 fee.
(c) All requests for
a copy of the recording shall be made by submitting a written request to:
Manufactured Housing
Installation Standards Board
NH Joint Board
Source. #8493-A, eff 12-24-05; amd by #10114,
eff 4-14-12
Inst 215.01 Submitting
Request for Declaratory Ruling.
(a) Individuals petitioning
for a declaratory ruling as defined by RSA 541-A:1, V shall submit the
following information to the board in writing:
(b) Any petition
which does not include the information in (a) above, shall be denied and
returned stating the reasons for the denial.
Source. #8493-A, eff 12-24-05
Inst. 215.02 Disposition
of Petition.
(a) The board shall:
Source. #8493-A, eff 12-24-05
Inst 216.01 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 principle 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:
Manufactured Housing
Installation Standards Board
NH Joint Board
(2) When a request for a 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 in (a) above.
Source. #8493-B, eff 12-24-05; ss by #10113, eff 4-14-12
Inst 301.01 License
Required. No person shall install a
manufactured house in
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 301.02 Qualification
for Licensure.
(a)
An applicant seeking to
install manufactured housing in
(1) Be 18 years of age;
(2) Have 2 years experience as an installer of
manufactured housing under the direction of a licensed manufactured housing
installer, or equivalent housing construction experience; and
(3) Have successfully completed 6 hours of
installation training.
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 301.03 Application
Process.
(a)
An applicant shall submit a completed application form, Inst 3, which
contains the information specified in Inst 301.04.
(b)
The board shall
acknowledge receipt of the application within 10 days and shall notify the
applicant of any deficiencies in the application, if applicable, or any further
information needed to clarify the applicant’s qualifications. Failure to remedy
the deficiencies shall result in dismissal of the application.
(c)
The board shall act
upon a completed application within 45 days of receipt.
(d)
Any applicant who
has been denied a license may request a hearing, pursuant to Inst 209.
Source. #8494, eff 12-24-05; ss by #10115, eff 4-14-12
Inst 301.04 Application
Form, Inst 3.
(a)
Applicants for licensure shall provide the following on Inst 3:
(1) Applicant’s name and any names previously
used;
(2) Applicant’s:
a. Home address;
b. Business address;
c. Home and business telephone number;
d. Home and business e-mail address; and
e. Business facsimile number;
(3) Applicant’s date and place of birth;
(4) Applicant’s educational history, including
the names and dates attended at each educational institution;
(5) Applicant’s employment history, including:
a. Employer’s name and address;
b. Dates of employment; and
c. Nature of employer’s business;
(6) Names and addresses of 3 references of
persons unrelated to the applicant who:
a. Have personal knowledge of the applicant’s professional
character or reputation;
b. May attest to the reputation, character,
honesty, ethics or technical competence of the applicant; and
c. Are related to the manufactured housing,
building construction, banking or other relevant field;
(7) If the applicant is a non-New Hampshire
resident, the name of the resident agent in state;
(8) Indication as to whether the applicant is
licensed as an installer in other states, and if so, the names of the other
states;
(9) Indication as to whether the applicant was
ever refused an installer’s license in any other state;
(10) Indication as to whether the applicant has
been the subject to disciplinary action in any other state, and if so a
description of the incident;
(11) Disclosure of whether the applicant has:
a. In the last 3 years been convicted of
mishandling funds or other property entrusted to the applicant by another
party, and if so, the court of conviction and disposition;
b. Filed bankruptcy, and if so, the dates of
prior filings;
c. Been convicted of a misdemeanor or felony or
a crime other than a minor traffic offense, that has not been annulled;
d. Been sued civilly, and if so an explanation;
and
e. Been convicted of any crime, and if so, the
date and the name of the court; and
(12) Indication as to whether the applicant will
pick-up the license when ready.
(b)
An applicant shall submit the following along with Inst 3:
(1) For the purposes of (a)(4) above:
a. Any proof of formal education beyond high
school in the form of a copy of transcripts or proof of graduation; and
b. Any proof of special training classes
attended in the form of a certificate.
(2) Proof of 2 years of actual installation of
manufactured homes, under the direction of a licensed manufactured housing
installer, or equivalent experience;
(3) Proof of financial responsibility, pursuant
to Inst 302;
(4) Proof of successful completion of an initial
6 hour board approved training program, pursuant to
(5) A recent 2 inch by 2 inch current passport
photograph of the applicant; and
(6) Applicable application fee.
(c) An application shall be signed and dated by
the applicant and sworn to before a notary or justice of the peace. Any false
statements made on the application shall be subject to the penalty provided
under
Source. #8494, eff 12-24-05;
ss by #10115, eff 4-14-12
Inst 301.05 Background Check. If in the application the applicant responds
in such a manner that puts his or her trustworthiness into question, the board shall
conduct an investigation or interview the applicant, as deemed necessary.
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 301.06 Denial of License Application.
(a) The following shall constitute grounds
for, denying a license or refusing to renew the license of a person licensed
under this chapter:
(1) Incomplete application;
(2) Fraud or deceit, specifically the practice of
fraud or deceit in obtaining a license under this chapter or in connection with
service rendered within the scope of the licensed issued;
(3) Conviction of a crime which involves
dishonesty or false statement or which relates directly to the practice for
which the licensee is licensed or which is enumerated in this chapter, or
conviction of any crime for which incarceration for one year or more is
imposed;
(4) Violation of the
(5) Engaging in unlicensed installation practice; or
(6) Incompetence in the practice for which the
license is held.
(b) For the purposes
of (a) (6) above, a licensee shall be deemed incompetent if the licensee has
engaged in conduct which:
(1) Evidences a lack of ability; or
(2) Evidences a lack of knowledge to apply
principles and skills to carry out installation.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 301.07 License
Fee.
(a) The fee for an
original license shall be $75.00.
(b) The fee for a
renewal license shall be $50.00.
(c) The fee for a duplicate
license shall be $10.00.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 301.08 Reporting
Requirements.
(a) A licensee shall
report any changes in address, name or other material changes in the conditions
or qualifications set forth in the original application to the board office in
writing no later than 10 days after the change.
(b) Where
appropriate, after proper application and payment of fee, the board’s records
shall be changed and a new license shall be issued for the unexpired term of
the current license.
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12
Inst 301.09 Voluntary
License Cancellation. A licensee may
cancel his or her license upon written notification and by returning the
current license to the board.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 301.10 Expirations
and Renewal of License.
(a) A license shall
expire every third year on the last day of the month of the licensee’s birthday
unless prior to that time the board has granted an application for license
renewal pursuant to this chapter. The
board shall send a renewal reminder notice no later than 30 days in advance of
the expiration date.
(b) Licenses may be
renewed during the month following the licensee’s birthday month, retroactive
to the first day of the month.
(c) Upon failure to renew
within the time set forth in (a) or (b) above, a licensee may renew his or her
license by submitting an application for renewal and the required $50.00 fee
plus $10.00 before the last day of the second month following the month of his
or her birthday month.
(d) Any installer
whose license is not renewed within 2 months of the expiration date shall apply
for an initial license under Inst 301.04 and submit a $75.00 fee.
(e) In addition to
completing the application required in Inst 301.11, an applicant for renewal of
license shall provide the dates and number of the previous license on the
application.
(f) Individuals
licensed as installers shall be eligible for renewal of their licenses if they:
(1) Are not in violation of this chapter;
(2) Submit evidence that the requirements of 3
hours of continuing education pursuant to Inst 304.01 (c) has been met; and
(3) Submit evidence of a surety bond or letter of
credit as required under
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst
301.11 Renewal Application. The applicant shall supply the following on
the application form for license renewal Inst 3R:
(a) Applicant’s name
and any names previously used;
(b) Applicant’s:
a. Home address;
b. Business address;
c. Home and business telephone number;
d. Home and business e-mail address; and
e. Business facsimile number;
(c)
A statement indicating any disciplinary or legal action brought against
the applicant as a manufactured housing installer by any
licensing/certification board or jurisdiction and if so a description of the
incident;
(d) A statement indicating that the applicant has
complied with the continuing education requirements of Inst 304.01 (c);
(e) Disclosure of whether the applicant has:
a. Since the last renewal been convicted of
mishandling funds or other property entrusted to the applicant by another
party, and if so, the court of conviction and disposition;
b. Filed bankruptcy, and if so, the dates of
prior filings;
c. Been convicted of a misdemeanor or felony or
a crime other than a minor traffic offense, that has not been annulled;
d. Been sued civilly, and if so an explanation;
and
e. Convicted of any crime, and if so, the date
and the name of the court;
(f) Acknowledgment that the provision of
materially false
information in the application knowingly provided is a basis for denial;
(g) Acknowledgement that, if the applicant provided
false information that is discovered after the license is renewed, it shall be
a basis for disciplinary
action by the board; and
(h) The applicant’s signature and date.
Source. #10115, eff 4-14-12
Inst 301.12 Denial of Renewal.
(a) Renewal shall be denied if, after notice and
an opportunity for hearing, there is a finding of:
(1) Noncompliance with the continuing education requirements of Inst
304.01 (c);
(2) Any act for
which discipline shall be imposed under Inst 303;
(3) Reasons for which an initial application would have been
denied; or
(4) Failure to
furnish complete or accurate information on a renewal license application.
Source. #10115, eff 4-14-12
Inst 302.01 Proof of Financial Responsibility.
(a) Pursuant to
(b) Cancellation of the bond or letter of credit may occur
upon the company providing 30 days written notice to the board.
(c) The bond shall be under the condition that the licensee shall not violate
any laws or regulations governing installation of manufactured house and to
guarantee any fines issued against the licensee.
(d) Any licensee who
fails to file a bond or letter of credit required pursuant to 302.01 (a) shall
be denied a license.
(e) The board shall
not accept a surety bond unless it is with a surety company authorized to do
business in
(f) The surety bond shall name as obligee
“Treasurer, State of
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 303.01 Disciplinary Action: Reprimand, License Suspension/Revocation.
(a) After an opportunity for a hearing
pursuant to Inst 209 and upon a determination that misconduct has occurred, as
defined by
(1) Reprimand by written warning, which shall
remain on record for a period of no less than 3 years;
(2) Suspension of a license, not to exceed 5
years;
(3) Limiting or restricting a licensee, including
but not limited to working under the supervision of a licensee in good standing
with the board, for a period of time set by the board;
(4) Require participation in continuing education
program especially in an area the installer is found to be deficient;
(5) Revocation of license; or
(6) Imposition
of an administrative fine up to $1500.00 for each offense.
(b) A written warning of reprimand imposed pursuant to (a)(1) above against a licensee shall not be utilized to impose enhanced sanctions against the licensee once the expiration date has passed.
(c) For the purposes of (a)(2) above, in
determining the appropriate time sanction for suspension of a license, the
board shall consider the severity of the misconduct, the number of offenses and
whether or not the licensee is a repeat offender.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 303.02 Administrative Fine for Misconduct Offense.
(a) Administrative fines shall not be held in abeyance;
(b) For the purpose of a subsequent offense, the offense shall have occurred within 3 years;
(c) Fines shall be based on the severity of the offense, the number of offenses and whether the installer is a repeat offender.
(d) The fine shall be paid
within 30 days from the receipt of the written order. All payments for fines
shall be made payable to the “Treasurer, State of
Manufactured Housing
Installation Standards Board
NH Joint Board
121 South Fruit Street
(e) If a fine is not paid within
30 days of the receipt of the order, a notice of hearing shall be issued to the
installer to show cause why he should not be suspended for non-payment of the
fine. If after a hearing it is found
that the fine has not been paid, the licensee shall be suspended until full
payment is received.
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12
Inst 304.01 Administration of
Training and Continuing Education Program.
(a) To be eligible for an installation license an individual shall first successfully complete an initial training program and to maintain his or her license, the licensee shall attend a continuing education program which has been approved by the board.
(b) To be eligible for approval, an initial training program shall:
(1) Be
administered and conducted by a
(2) Contain a
minimum of 6 hours of instruction; and
(3) Address the
following subject areas:
a. 2 hours shall be devoted to laws and rules
relative to installation of manufactured housing; and
b. 4 hours in the servicing and installation of
manufactured housing, including but not limited to site preparation,
foundations, actual installation of house, installation of features such as
hinged roofs, multiple or expandable sections.
(c) To be eligible for approval,
a renewal training program shall:
(1) Be
administered and conducted by a
(2) Contain a
minimum of 3 hours of instruction;
(3) Address the
following subject areas:
a. A condensed review of the initial training
program;
b. Updated installation requirements and
techniques;
c. Recent amendments to statutes and rules that
affect manufactured housing installation, as well as recent court decisions
relative to installation.
(d) All program providers, whether for initial or renewal training, shall:
(1) Provide a
copy of a completion certificate designed for, and capable of, preventing fraud
and forgery and which verifies course completion; and
(2) Provide
written materials for class participation as well as a helpful installation
reference.
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 304.02 Application for Approval.
(a) Any person wishing to establish an approved manufactured installation training and continuing education program shall submit a written request to the board.
(b) The written request shall contain at minimum the following information:
(1) Name
address and telephone number of the organization and its affiliations and
pertinent licenses;
(2) Description
of program; and
(3) List of
teaching instructors, including names and addresses and their educational and
work experience background.
(c) After an opportunity for a hearing, the board shall, when necessary revoke an approval for any course which does not follow this part.
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 304.03 Inspection of
Certificates. The board shall
establish at its office a system for the recording of completed training and
continued education certificates, which shall be kept for 5 years for public
inspection.
Source. #8494, eff 12-24-05; ss by #10115, eff 4-14-12
Inst 401.01 Warranty
Seal Required.
(a) Pursuant to
(b) The warranty
seal shall bear the following information:
(1) Type of
manufactured house installed;
(2) State seal;
(3)
Manufacturer’s name, address, and telephone number;
(4) Date the
house was manufactured and unit serial number;
(5) Name and
license number of the installer;
(6) Address and
telephone number of installer;
(7) Date of
installation;
(b)
The warranty seal shall bear the following information:
(8) Whether the unit is new or relocated;
(9) Address of installation;
(10) Signature of the licensee that is responsible
for the installation;
(11) Date the inspection was
performed;
(12) Name and title of the inspector; and
(13) Signature of the inspector.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12; amd by #10337, eff 5-15-13
Inst 401.02 Fee. The fee for each warranty seal shall be $50.00.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 401.03 Placement of Warranty Seal. The warranty seal shall be installed on the electrical box door in the manufactured house.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 501.01 “Inspector”
means the local enforcement agency. If
there is no local enforcement agency, the board’s designee shall function as
the inspector.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12; ss by #10337, eff 5-15-13
(a) All manufactured
houses installed pursuant to
(b) Upon completion
of the manufactured housing installation, the licensee shall schedule the
inspection required pursuant to Inst 502.01(a).
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12; ss by #10337, eff 5-15-13
Inst 502.02 Inspectors.
(a) Pursuant to
(b) Inspectors shall have the authority to:
(1) Issue
orders for the correction of an installation code or warranty violation that is
within their jurisdiction;
(2) Issue
orders to discontinue installation until violation(s) are corrected;
(3) Approve
continuation of the work on the installation upon being satisfied that the
violation has been corrected; and
(4) Issue a
certificate of compliance upon satisfaction that a manufactured house has been
installed in compliance with
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 502.03 Timing
of Inspection.
(a) Inspections
shall be completed by an inspector prior to occupancy of the manufactured
house. The inspector, when satisfied
that the installation meets all standards, shall issue a certificate of
compliance occupancy permit which shall be required before the house can be
occupied.
(b) Inspections
should be conducted within 5 business days of receiving a request.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 502.04 Deficiencies.
(a) Pursuant to
(b) A person ordered
to correct a deficiency by an inspector because of a violation of any rule
provision in Inst 600 or
(c) The board shall
schedule an adjudicatory hearing pursuant to Inst 209.
(d) The inspector
who issued the order shall have the burden of proof.
(e) If the board upholds
the inspector’s order it shall prescribe the time period for the requisite
correction in its written decision.
(f) If the person(s)
ordered to correct any deficiencies fails to file a request for a hearing
within 30 days the board shall deem the inspection report valid and issue stop
work
order which requires correction of the deficiencies and shall
remain in effect until an inspector certifies the deficiencies have been
corrected.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 502.05 Fees. There shall be a fee of $250.00 for each
inspection conducted by the board’s designee under this chapter.
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12; ss by #10337, eff 5-15-13
Inst 601.01 Purpose.
(a) The purpose of this chapter is to
assure the proper installation of a manufactured house as defined by
(b) Installers have
the option of installing in accordance with:
(1) This chapter; or
(2) A design prepared by a
(3) The manufacturer’s installation standards.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 601.02 Applicability.
(a) The provisions of this
standard shall apply only to manufactured housing which is:
(1)
Transportable in single or multiple sections;
(2) In the
traveling mode 8 body feet or more in width and 40 body feet or more in length;
and
(3) When
erected on a site is 320 or more square feet, built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when
connected to required utilities, including plumbing, heating, air conditioning
as applicable, and electrical systems.
(b) These rules shall not apply to:
(1) Campers or
recreational vehicles as defined in
(2) Pre-site
built housing as defined in
(3) Modular
buildings as defined in
(4) Single wide
structures under 750 square feet, provided that they are not for residential or
classroom use.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 601.03 Scope.
(a) These standards
shall apply to the installation of all
(b) The standards pursuant to Inst 600 shall not
apply to:
(1) Sites that
are already occupied as of December 24, 2005; and
(2) Sites for
the installation of manufactured housing, which provides temporary
relief from fire, flood or other disasters for a period of one year from the
placement of the house.
(c) The exemption in
(b) above shall not relieve the manufactured house owner or occupant from
responsibilities for the proper use and maintenance of a manufactured
house. Manufactured houses installed on
sites exempted from the requirement of
(d) Manufactured
housing, which is installed in compliance with
(e) Nothing in this
chapter shall be construed to amend or repeal the provisions of
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 602.01 “Anchoring equipment” means straps, cables, turnbuckles, and chains including tensioning devices, which are used to secure a manufactured house.
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12
Inst 602.02 “Anchoring system”
means “anchoring system” as defined by
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 602.03 “Data plate” means a plate that provides identification numbers for the house, identifying wind zone, roof load zone and climatic zone.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.04)
Inst 602.04 “Dealer” or
“retailer” means “dealer” or “retailer” as defined by
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12 (from Inst 602.05)
Inst 602.05 “Diagonal tie” means a tie intended to primarily resist horizontal or shear forces and which may secondarily resist vertical, uplift and overturning forces.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.06)
Inst 602.06 “Federal
manufactured housing construction and safety standard” means “federal
manufactured housing construction and safety standard” as defined by
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.07)
Inst 602.07 “Footing” means part of the support system that sits directly on the ground/slab, it is between the ground/slab and the pier not including shims or caps.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.08)
Inst 602.08 “Ground anchor” means a device at the manufactured house stand designed to transfer manufactured house anchoring loads to the ground.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.09)
Inst 602.09 “Installation” means
“installation” as defined by
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.10)
Inst 602.10 “Installation
standards” means “installation standards” as defined by
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12 (from Inst 602.11)
Inst 602.11 “Installer” means
“installer” as defined by
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.12)
Inst 602.12 “Local enforcement
agency” means “local enforcement agency” as defined by
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.13)
Inst 602.13 “Manufacturer” means “manufacturer” as
defined by
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.14)
Inst 602.14 “Monolithic slab”
means a concrete slab, which includes reinforcement bars along the perimeter of
the slab combined with metal or fiberglass mesh for strength.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.15)
Inst 602.15 “Pad” means an area, which has been established, for the placement of the house.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.16)
Inst 602.16 “Pier” means that
portion of the support system between the footing and the manufactured house,
exclusive of caps and shims.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.17)
Inst 602.17 “Set-up” means the work performed and operations involved in the placement and securing of a manufactured house or any portion thereof.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.18)
Inst 602.18 “Site” means “site”
as defined by
Source. #8494, eff 12-24-05; ss by #10115, eff 4-14-12
(from Inst 602.19)
Inst 602.19 “Skirting” means a
weather-resistant material to enclose the space from the bottom of the
manufactured house to grade.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.20)
Inst 602.20 “Stabilizing devices” means all components of the anchoring and support system such as piers, footing, ties, anchoring equipment, ground anchors, or any other materials and methods of construction which supports and secures the manufactured house to the ground.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.21)
Inst 602.21 “Support system” means a site built or site assembled system of stabilizing devices which is capable of transferring design loads and live loads required by federal regulation and other design loads unique to local house sites due to wind, seismic and soil conditions that are imposed by or upon the structure into the underlying soil bedrock without failure. It includes a combination of footings, piers, caps, and shims that will, when properly installed, support a manufactured house.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.23)
Inst 602.22 “Uncontrolled fill” means fill materials that are placed without control of the content of the fill materials or without adequate compaction to assure a bearing capacity without undue settlement. Uncontrolled fill includes fill materials containing organic matter or fills which are placed without compaction necessary to provide a uniform bearing capacity of 1000 lbs./ft.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12 (from Inst 602.24)
Inst 603.01 Filing of
Installation Manuals. A manufacturer
of manufactured houses which are installed in
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.02 Site
Preparation Systems.
(a) This section
prescribes standards for siting, design and installation of manufactured house
support systems. It shall be applicable to all new and relocated manufactured
houses when and wherever newly installed at a house site.
(b) The house shall
be designed to meet the
(c) The house shall
be able to be safely moved to the site, which should be free of branches, holes
in the ground and hanging wires to prevent any preliminary damage to the house.
(d) A manufactured
house support system shall be constructed in accordance with one of the
following:
(1)
Manufacturer’s installation manual instructions;
(2) Foundation
design by a
(3) This
chapter.
(e) Site preparation
shall be in accordance with general residential construction practices.
(f) Houses shall not
be constructed in any naturally occurring seasonal drainage swale. In order to
prevent moisture under the house, which can cause settling of the support
system and deterioration to the house, water shall not be able to accumulate or
stand under the house.
(g) Gravel or
concrete slab under the house shall be crowned 1 to 2 % along the longitudinal
center line of the house.
(h) All drainage
shall be diverted away from the home and must slope a minimum of one-half inch
per foot away from the foundation for the first 10 feet. Where property lines, walls,
slopes, or other physical conditions prohibit the slope, the site shall be
provided with drains or swales or otherwise graded to drain water away from the
perimeter of the house.
(i) A vapor retarder
shall be used above the gravel or below the concrete if the house is enclosed
by skirting to keep ground moisture out. If overlap of the polyethylene is
required, it shall be at least 12 inches at all joints.
(j) The fire
separation distance shall be provided, as the state and local authority requires.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.03 Design Requirements Including Load-Bearing Capacity.
(a) The load a pier can carry shall depend on the house, roof live load, spacing of the piers and the way piers are used to support the house.
(b) Pier concrete blocks shall be stacked with their hollow cells aligned vertically.
(c) Piers constructed of blocks stacked side by side shall be at right angles to the preceding course.
(d) Piers shall be:
(1) Concrete
blocks which have a nominal dimension of at least 8 in. x 8 in. x 16 in.; or
(2) Adjustable
metal or concrete piers.
(e) Manufactured adjustable metal piers shall be labeled for load capacity.
(f) Caps shall be used to cap the hollow concrete blocks. All caps shall be of the same length and width as the rest of the piers on which they rest. The caps shall be of solid masonry of at least 4 inches thickness or wood of at least 2 inches of nominal thickness or ½ inch steel on piers of less than 36 inches height.
(g) Piers less than 36 inches
high may be constructed of single, open and closed cell concrete blocks.
(h) Piers between 36
inches and 67 inches high and all corner piers over 3 blocks high shall be
constructed out of double interlocking blocks.
(i) Piers over 67 inches high shall be designed by a licensed
(j) Mortar shall not be required for concrete block piers, unless required by the manufacturer installation instructions or design.
(k) No caps shall be needed for piers using solid blocks.
Source. #8494, eff 12-24-05; ss by #10115, eff 4-14-12
Inst 603.04 Gaps.
(a) When gaps occur during installation, pressure treated wood shims having a preventative retention of .60 per cubic foot shall be used to close the gap and level the house.
(b) Hardwood shims that are 4 in x 6 in may be used to level the house and fill any gaps between the base of the I-beam and the top of the pier cap.
(c) Shims shall be used in pairs and driven tightly so they do not occupy more than one inch of vertical space. Wood plates no thicker than 2 inches shall be used to fill in any remaining vertical gaps.
(d) Manufactured pier heights shall be adjustable risers that do not extend more than 2 inches when finally positioned.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.05 Clearance Under House.
(a) Minimum clearance of 12 inches shall be maintained beneath the lowest member of the main frame in the area of utility connections.
(b) A minimum of 12 inches shall be maintained between the lowest member of the main frame, I-beam or channel beam and the grade under all areas of the home.
(c) None of the frame shall come in contact with the ground.
(d) Sufficient clearance shall be maintained to allow for interconnection of multi-section units for proper installation of ground anchors.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.06 Design
Procedures for Concrete Block Piers.
(a) Frame piers less
than 36 in. high shall be:
(1) Permitted
to be constructed of 3 single core or solid concrete blocks 8 inch x 8 inch x
16 inch; and
(2) Installed
so the long sides are at right angles to the I-beam, as set forth in Figure
600-1:
Figure 600-1 Pier Installation,
Single Concrete Block
(b) All piers over
67 inches shall be designed by a licensed
(c) Piers for
exterior wall openings shall be constructed of blocks that are 8in. x 8in. x 16
in.
(d) Perimeter piers
shall be installed parallel to the perimeter, when required by the
manufacturer’s installation instructions.
(e) Piers required
at marriage line supports, perimeter piers and piers at exterior wall openings
shall be permitted to be constructed of single open or closed-cell concrete
blocks 8 in. x 8 in. x 16 inches to a maximum height of 54 inches Piers
over 54 inches but less than 67 inches need to be solid grout filled and
reinforced with 2 pieces of #5 reinforcement bar as set forth in Figure 600-2:
Figure 600-2 Pier
Installation, Double Concrete Block
(f) Manufactured
piers shall be listed and labeled and installed to manufacturer’s instructions.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.07 Location
and Spacing of Piers. Piers shall be
no more than 2 feet from either end and not more than 8 feet center to center
under the main frame beams.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.08 Perimeter
Blocking. Supports shall be on both
sides of side wall exterior doors and other side wall openings greater than 48
inches and under porch posts, factory installed fireplaces and wood stoves,
unless not required by the manufacturer.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.09 Types
of Footings.
(a) Footings shall
provide equal load-bearing capacity and be resistant to decay. Footings shall be placed on undisturbed soil or
compacted fill.
(b) Every pier shall
be supported by a footing of the following type:
(1) A pad which
shall be a monolithic concrete slab with Fibermix, 3000 pounds per square inch minimum
reinforced with 4 rows of number 4 rebar spaced evenly in the first 4 feet of
the outer edge with a bullfloat finish
and complies with the following:
a. Fill shall extend a minimum of 3 inches up
the side of the slab;
b. Top soil and all organic soils shall be removed
under the slab area;
c. A minimum of 12 inches to 14 inches of sand
or gravel compacted; and
d. Shall
be at minimum as set forth in Figure 600-3; or
Figure 600-3 Slab
Specifications
(2) Below frost
footing, which shall be designed by a
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 603.10 Permanent
Foundations.
(a) Designs for permanent
foundations such as basements, crawl spaces or load-bearing perimeter
foundations shall be permitted.
(b) An open porch
shall not be installed over a basement or other enclosed space.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.11 Special
Considerations. Special elevations
and anchoring techniques shall be required in a flood zone.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 603.12 Anchoring
Instructions, Security Against Wind.
(a) After blocking
and leveling the home, the installer shall secure the house against wind. The
anchoring and foundation system shall be capable of meeting the loads required
by 24
(b) Anchors shall be
capable of resisting a minimum total load capacity of 4725 lbs. and a working
capacity of 3150 lb. Anchors and anchoring equipment shall be certified by an
engineer or tested to national standards and installed as specified by the
anchor manufacturer.
(c) Tie-down straps
shall conform to the following:
(1) Cable or
steel strap with a breaking strength of at least 4, 725 lbs. shall be
galvanized aircraft cable at least ¼ inches diameter or Type 1, finish B, grade
1 steel strapping 1 ¼ inches wide and 0.03” thick, conforming to the American Society for Testing and Materials (
(2) Galvanized
connection devices such as turnbuckles, eyebolts, strap buckles and cable
clamps shall be rated at 3,150 working load minimum.
(d) Installers shall
use diagonal tie downs in both transverse and longitudinal directions for
single wide and doublewide houses.
(e) The number of
anchors and spacing of anchors shall conform to manufacturer’s installation
instructions.
(f) Each anchor
shall be manufactured and installed in accordance with NFPA 225, 2005 edition.
(g) If side-wall or
over the roof straps are installed on the house, they shall be connected to an
anchoring device.
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 603.13 Installation
Close-up and Finishing.
(a) Skirting shall
be made out of weather resistant material. It shall not be attached in a manner
that can cause water to be trapped between the siding and trim.
(b) Ventilation
shall be provided for the crawl space with skirting at a minimum of 1 ft ² of
free area for every 600 ft². of house area floor.
(c) Access openings
not less than 18 inches in width and 24 inches in height and not less than 3
square feet shall exist so water supply and sewer drain connections located
under the house are accessible for inspections. For the purpose of this
section, openings shall include doors, hatches or removable panels.
(d) Dryer vents,
water heater overflow drains, air conditioning condensation
drains shall pass through the skirting to the outside. They shall vent into the
atmosphere to ensure moisture is carried beyond the perimeter of the house.
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12
Inst 603.14 Utility
Connection and Testing.
(a) The installer
shall consult with the authority having jurisdiction before connecting the
manufactured house to utilities.
(b) Individuals
familiar with local and state codes shall be permitted to make utility site
connections and conduct tests.
(c) All utility, or
exterior utility installations shall conform with the state fire code, Saf-C
6000 and the state building code pursuant to
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst 701.01 Purpose. The purpose of this chapter is to provide a
dispute resolution program for the timely resolution of disputes between
manufacturers, retailers, installers and consumers of manufactured housing
relative to the installation of manufactured housing and the correction or repair
of defects in manufactured houses that are reported during the one year period
beginning on the date of installation.
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12
Inst 702.01 Availability.
(a) Any
manufacturer, retailer, consumer, or
installer may request an alternative dispute resolution for the resolution of
disputes between a manufacturer, retailer or installer, including but not limited
to neutral evaluation and mediation as methods of resolving the matter.
(b) In accordance
with
(c) Methods of
alternative dispute resolution shall not be mandatory for any party nor shall
such evaluation impair either party’s right to a due process hearing. At a pre-hearing conference the parties shall
be given the opportunity to discuss and decide whether or not they wish to
submit to alternative dispute resolution.
(d) If neutral
evaluation is chosen the procedure shall be governed by Inst 702.04.
(e) If mediation is
chosen the procedure shall be governed by Inst 702.05.
(f) If non-binding
arbitration is chosen the procedure shall be governed by Inst 702.06.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst
702.02 Neutrals.
(a) For the purpose
of this section, “a neutral” means neutral evaluators,
mediator, or arbitrators.
(b) All neutrals
shall be attorneys or hearing examiners approved by the board. If a private
neutral is employed the parties shall bear all expense of alternative dispute resolution.
(c) In approving
neutrals, the board shall require:
(1) All neutrals evaluators,
mediators, arbitrators shall be attorneys admitted to practice in
(2) Neutral evaluators shall be attorneys
who have a minimum of 5 years experience in litigation in the subject matter
areas to which they may be assigned as neutral evaluators;
(3) Experience
in performing quasi judicial roles, including but not limited to 20 hours
experience in alternative dispute resolution or 5 years in quasi judicial role.
(d) Each neutral
shall perform under the auspices of the board.
Neutrals may not be called as a witness in any subsequent proceeding
relating to the party’s negotiations and his or her participation.
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12
Inst
702.03 Admissibility.
(a) Information,
evidence or the admission of any party or the valuation placed on the case by
any neutral shall not be disclosed or used in any subsequent proceeding. Statements made and documents prepared by a
party, attorney, or other participant in aid of such proceeding shall be
privileged and not disclosed to any court or arbitrator for any purpose as an
admission against interest.
(b) All the
alternative dispute resolution options shall be non-binding alternative dispute
resolution proceedings and shall be deemed settlement conferences. There shall be no record of any proceedings
under alternative dispute resolution and the mediator or evaluator shall
destroy all of his or her notes immediately after the proceedings.
(c) Evidence
otherwise admissible at trial shall not be rendered inadmissible as a result of
its use in the ADR proceeding.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
Inst
702.04 Neutral Evaluation Procedure.
(a) For the purposes
of this rule, a “neutral evaluator” means a person not engaged as a party on
either side of the dispute and not aligned with a political or ideological
grouping with a special interest in the matters being evaluated.
(b) If both parties
agree to attempt to settle differences through neutral evaluation, the board
shall schedule such evaluation.
(c) There shall be no record made of the neutral
evaluation except only the date and names of the participants shall be recorded.
(d) Once the neutral
evaluation process has been selected, the board shall provide the parties with
resumes of 3 neutral evaluators. The
parties shall agree to the selection of one neutral evaluator to preside at the
evaluation.
(e) The following
criteria shall apply to the selection of a neutral evaluator:
(1) The neutral
evaluator shall not have personal knowledge of any of the parties; and
(2) The neutral
evaluator shall disclose any circumstances likely to create a conflict of
interest, the appearance of a conflict of interest, a reasonable inference of bias,
or likely to prevent the process from proceeding as scheduled.
(f) If the neutral
evaluator withdraws, has a conflict of interest, or is otherwise unavailable, a
replacement neutral evaluator shall be appointed by the board to hear and
decide the issue.
(g) The neutral
evaluator shall not act as a legal advisor or legal representative.
(h) Following the
selection of a neutral evaluator, the board shall:
(1) Schedule
the neutral evaluation;
(2) Provide the
parties with the neutral evaluator’s name and address;
(3) Provide the
time, date, and place of the neutral evaluation; and
(4) Specify the
date by which the parties shall furnish the neutral evaluator with required
information and documentation.
(i) Not less than 5
days prior to the neutral evaluation, the parties shall submit to the neutral
evaluator and exchange a summary of the significant aspects of their case. The parties shall attach to the summary
copies of all documents on which they rely.
Such summaries shall be not more than 4 pages.
(j) Parties shall
not communicate with the neutral evaluator concerning their case outside of the
neutral evaluation.
(k) At the neutral
evaluation, the parties shall be present and shall have authority to approve
settlement.
(l) If the neutral
evaluator deems it necessary, such neutral evaluator shall request additional
written information prior to the evaluation from either party.
(m) At the neutral
evaluation, the neutral evaluator may address questions to the parties and
shall allow each party no more than 30 minutes to complement their written
summaries with a brief oral statement.
The evaluation shall be limited to not more than 2 hours.
(n) The neutral
evaluator shall issue an oral opinion following the conference with a written
report mailed to the parties within 48 hours of the conference excluding
Saturday, Sunday, or a holiday. The
opinion shall contain a suggested settlement or disposition and the reasons therefor.
(o) If the neutral
evaluation results in agreement, the conclusions shall be incorporated into a
written binding agreement signed by each party.
(p) If the neutral
evaluation does not result in agreement, the neutral evaluator shall document only
the date and the participants at the meeting.
(q) The neutral
evaluator shall advise the board that the neutral evaluation has taken place.
Source. #8494, eff
12-24-05; ss by
#10115, eff 4-14-12
Inst 702.05 Mediation
Procedure.
(a) A request for
mediation shall be made in writing by either party to the board. The mediation request shall specify the issue
or issues in dispute and the relief sought.
(b) Once the
mediation procedure is selected, the board shall provide the parties with the
name and address of a mediator who has a minimum of 20 hours of mediation
training or a hearings examiner with 5 years experience in a quasi judicial
role.
(c) All mediation
sessions shall be conducted at the joint board office. The board shall
establish the time and date for the session.
(d) A mediation
conference shall be conducted within 30 calendar days after receipt of a
written request in order to:
(1) Determine
issues;
(2) Explore
options; and
(3) Suggest an
equitable resolution to the dispute.
(e) The role of the
mediator shall be:
(1) To
facilitate communication;
(2) To define
the issues and explore possible resolutions to the dispute;
(3) To remain
neutral; and
(4) To insure
that parties openly, freely, and candidly discuss the strengths and weaknesses
of their positions with the mediator.
(f) Information
provided to the mediator in private discussion shall be confidential and shall
not be divulged to the opposing side unless specifically authorized.
(g) The mediator
shall not have the authority to render a decision or impose a settlement on the
parties.
(h) The mediation
conference shall consist of a session or sessions with the parties and their
counsel, if available, to facilitate a settlement acceptable to the parties.
(i) Not later than
10 days prior to the session the parties shall submit to the mediator and
exchange a summary of the significant aspects of their case. The parties shall attach to the summary
copies of all documents on which they rely; such summaries shall be not more
than 4 pages.
(j) Upon receipt of
a party’s submission, any party may send additional information responding to
that submission. All such responsive submissions shall be exchanged with the
opposing party and shall contain a statement of compliance with the exchange
requirement.
(k) If resolution
cannot be achieved on the date assigned, the mediator shall continue the
mediation process, either with additional in-person mediation sessions or
telephone conferences.
(l) Within 30 days
of the initial mediation session, the mediator shall file a report with the
board advising that the case has been settled, that meditation is ongoing, or
that mediation failed to resolve the dispute.
(m) The mediator
shall file a final report with the board within 3 days of the final mediation
session.
Source. #8494, eff
12-24-05; ss by #10115, eff 4-14-12
Inst 702.06 Non-binding
Arbitration Procedure.
(a) A request for
non-binding arbitration shall be made in writing by either party to the
board. The arbitration request shall
specify the issue or issues in dispute and the relief sought. If both parties agree to arbitration, it
shall be used to attempt to resolve the dispute.
(b) Once non-binding
arbitration is selected, the board shall provide the parties with the name and
address of the arbitrator, who has a minimum of 20 hours of arbitration training. The board shall also establish the time and
date for the session. The session shall
be conducted at the joint board office.
(c) At the session,
the following shall apply:
(1) Each party
shall be limited to one hour to present his or her case;
(2) Direct examination and cross-examination shall be
limited to the parties or their representatives;
(3) The
arbitrator shall be permitted to ask questions;
(4) Formal
rules of evidence shall not apply; and
(5) If the arbitrator
permits closing arguments, each party shall be limited to 5 minutes.
(d) Not less than 10
days prior to the session, the parties shall submit to the arbitrator and
exchange a summary of the significant aspects of their case. The parties shall attach to the summary
copies of all documents on which they rely.
Such summaries shall be not more than 4 pages.
(e) Upon receipt of
an opposing party’s submission, the party may send additional information
responding to that submission. All such
responsive submissions shall be exchanged with the other party and shall
contain a statement of compliance with the exchange requirements.
(f) Within 5 days
after the session, the arbitrator shall file a ruling with the parties and the
board. The ruling shall include a brief
explanation of the reasons for the arbitrator’s conclusion.
Source. #8494, eff 12-24-05; ss by #10115, eff
4-14-12
APPENDIX
RULE |
STATUTE |
|
|
Inst 100 |
RSA 205-D:20, RSA 541-A:16, I(a) |
|
|
Inst 201 |
RSA 541-A:7 |
Inst 202.01 |
RSA 541-A:7 |
Inst 203 |
RSA 541-A:30-a, I |
Inst 204 |
RSA 541-A:30-a, III (j) |
Inst 205 |
RSA 541-A:30-a, III (b) |
Inst 206 |
RSA 541-A:30-a, III(f) |
Inst 207 |
RSA 541-A:30-a, III(a) |
Inst
208.01, 208.02 |
|
Inst 208.03 |
RSA 205-D:13 & RSA 541-A:30-a, III(a) |
Inst 208.04-208.05 |
RSA 541-A:30-a, III(a) |
Inst 209.01-209.03 |
RSA 541-A:30-a, I |
Inst 209.04 |
RSA 541-A:30-a, III(g) |
Inst 209.05 |
RSA 541-A:30-a, I |
Inst 209.06 – 209.07 |
RSA 541-A:30-a, III(c) |
Inst 209.08 |
RSA 541-A:33 |
Inst 209.09 |
RSA 541-A:31, VII |
Inst 209.10 |
RSA 541-A:30-a, III(d) |
Inst 209.11 |
RSA 541-A:30-a, III(e) |
Inst 209.12-209.14 |
RSA 541-A:30-a, I |
Inst 209.15 |
RSA 541-A:36 |
Inst 209.16 |
RSA 541-A:30-a, III(g) |
Inst 209.17 |
RSA 541-A:30, II & 541-A:30-a, I |
Inst 209.18 |
RSA 541-A:30, III |
Inst 209.19 & 209.20 |
RSA 541-A:30-a, I |
Inst 209.21 |
RSA 541-A:35 |
Inst 209.22 |
RSA 541-A:30-a, I |
Inst 210 & 211 |
RSA 541-A:30-a, I |
Inst
212 |
|
Inst 213 |
RSA 541-A:16, I(c) |
Inst 214 |
RSA 541-A:16, I(b)(3) |
Inst 215 |
RSA 541-A:16, I(d) |
Inst
216 |
|
|
|
Inst 301.01 |
|
Inst 301.02 |
|
Inst 301.03 |
|
Inst 301.04 |
|
Inst 301.05 |
|
Inst 301.06 |
|
Inst 301.07 |
|
Inst 301.08 & 301.09 |
|
Inst 301.10, 301.11,
301.12 |
|
Inst 302 |
|
Inst 303.01 |
|
Inst 303.02 |
|
Inst 304.01 |
|
Inst 304.02 |
|
Inst 304.03 |
|
|
|
Inst 401.01 |
|
Inst 401.02 |
|
Inst 401.03 |
|
|
|
Inst 501.01 |
|
Inst 401.01 (b) |
RSA 205-D:17, RSA 205-D:20, II |
Inst 501.01 |
|
Inst 502.01 |
RSA 205-D:5, I |
Inst 502.02 |
|
Inst 502.03 |
|
Inst 502.04(a) |
|
Inst 502.04(b)-(f) |
|
Inst 502.05 |
RSA 205-D:12, I , RSA 205-D:20, V |
|
|
Inst 601 - 602 |
|
|
|
Inst 603 |
|
|
|
Inst 701 |
|
Inst 702 |
|