NEW HAMPSHIRE BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

21 South Fruit Street

Suite 24

Concord, NH  03301

 

CHAPTER Plu 100  ORGANIZATIONAL RULES

 

PART Plu 101  PURPOSE  OF ADMINISTRATIVE RULES OF THE BOARD

 

          Plu 101.01  Purpose.  The board's administrative rules set forth the organization of the board, describe the board’s practices and procedures, establish the qualifications of master plumbers, journeyman plumbers and water treatment technicians, establish requirements for the issuance of plumbers’ licenses and water treatment technician certifications, set forth continuing education requirements for the renewal of licenses and certifications, establish ethical standards for the professions governed by the board and otherwise implement the provisions of RSA 329-A.

 

Source.  #2733, eff 5-31-84 EXPIRED: 5-31-90

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07

 

PART 102  DEFINITIONS

 

          Plu 102.01  “Apprentice” means “apprentice” as defined in RSA 329-A:2, III, namely, “any person who is engaged in learning and assisting in the installation of plumbing and drainage under an apprenticeship program that meets the requirements of the state apprenticeship council established in RSA 278.”

 

Source.  #2069, eff 7-1-82; ss by #2733, eff 5-31-84, EXPIRED: 5-31-90

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07

 

          Plu 102.02  “Board” shall mean the state board for the licensing and regulation of plumbers established by RSA 329-A:3.

 

Source.  #2733, eff 5-31-84, EXPIRED: 5-31-90

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07 (from Plu 102.01)

 

          Plu 102.03  “Journeyman plumber” means “journeyman plumber” as defined in RSA 329-A:2, II, namely, "any person who customarily performs the work of installing plumbing and drainage under the direction of a master plumber."

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07 (from Plu 102.02)

 

          Plu 102.04  “Master plumber” means “master plumber as defined in RSA 329-A:2, I, namely "any person, firm, corporation, or limited liability company that, as a business, hires or employs a person or persons to do plumbing work, or, without hiring any person, does that work as a principal business or as auxiliary to a principal business for his or its own account."

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07 (from Plu 102.03)

 

          Plu 102.05  “Plumbing” means “plumbing” as defined in RSA 329-A:2, IV.

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07 (from Plu 102.04)

 

          Plu 102.06  “State plumbing code” means that portion of the New Hampshire state building code, as defined in RSA 155-A, which pertains to plumbing.

 

Source.  #8980, eff 9-20-07

 

          Plu 102.07  “Water treatment system” means “water treatment system” as defined in RSA 329-A:2, VI, namely, "any apparatus for treating or processing water to modify, enhance, or improve its quality or to meet a specific water quality need, desire, or standard, and the pipes, fittings, and other components servicing such apparatus."

 

Source.  #8980, eff 9-20-07

 

          Plu 102.08  “Water treatment technician” means “water treatment technician” as defined in RSA 329-A:2, VII, namely, “any person who installs, maintains or repairs water treatment systems.”

 

Source.  #8980, eff 9-20-07 (from Plu 102.05)

 

          Plu 102.09  “Water treatment trainee” means “water treatment trainee” as defined in RSA 329-A:2, VIII, namely, “any person who is engaged in learning about and assisting in installing, maintaining, or repairing water treatment systems under the direct supervision of a water treatment technician certified under this chapter.”

 

Source.  #8980, eff 9-20-07

 

PART Plu 103  DESCRIPTION OF THE BOARD

 

          Plu 103.01  Composition of the Board.

 

          (a)  The board shall consist of 5 members, as described in RSA 329-A:3, I, specifically, 3 licensed plumbers, one of whom may be a journeyman plumber, and 2 public members.

 

          (b)  Pursuant to RSA 329-A:3, members of the board are appointed by the governor, with the approval of the council, to a term of 5 years, with a limit of 2 consecutive terms

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07

 

          Plu 103.02  Meetings of the Board.

 

          (a)  The board shall elect a chair, vice-chair and secretary at its annual meeting.

 

          (b)  The chair shall preside over all meetings of the board.

 

          (c)  In the absence of the chair at a meeting of the board, the vice chair shall preside.

 

          (d)  Pursuant to RSA 329-A:5, the board shall meet at least 4 times annually and may meet more frequently if the business of the board so requires.

 

          (e)  The annual meeting of the board shall be the first regular meeting held in each state fiscal year.

 

          (f)  Meetings of the board shall be open to the public to the extent required by RSA 91-A, and notice of board meetings shall be posted at the board’s office and at the offices of 2 municipalities.

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07

 

          Plu 103.03  Record of Official Actions.

 

          (a)  Minutes shall be kept of all board meetings and of all official actions taken by the board.

 

          (b)  Minutes shall record those members who participate in each vote and shall separately record the position of any members who choose to dissent, abstain or concur.

 

          (c)  Minutes shall be public records to the extent provided by RSA 91-A and shall be available for inspection in accordance with the terms of RSA 91-A: 4.

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07

 

          Plu 103.04  Duties of the Board.  It is the duty of the board, consistent with its statutory purpose to protect and improve the general health and welfare in the field of environmental sanitation of the people of the state of New Hampshire, to:

 

          (a)  License, and renew the licenses of, individuals and businesses qualified for licensure as master plumbers, and license and renew the licenses of individuals qualified for licensure as journeyman plumbers;

 

          (b)  Certify, and renew the certification of, individuals and businesses qualified for certification as water treatment technicians;

 

          (c)  Issue identification cards to plumbing apprentices; and

 

          (d)  Regulate and take disciplinary action against plumbing licensees and individuals and businesses certified as water treatment technicians, when they have:

 

(1)  Engaged in the misconduct set forth in RSA 329-A:12, II; or

 

(2)  Violated the state plumbing code.

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07

 

PART Plu 104  PUBLIC REQUESTS FOR INFORMATION

 

          Plu 104.01  Office Location; Mailing Address; Telephone, Fax and TTY Numbers.

 

          (a)  The board's office location and mailing address is:

 

New Hampshire Board for the Licensing and Regulation of Plumbers

Suite #24

21 South Fruit Street

Concord, New Hampshire 03301

 

          (b)  The board’s telephone number is 603 271-3267.

 

          (c)  The board’s fax number is 603 271-6656

 

          (d)  Access for in-state TTY/TDD users is through Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964.

 

          (e)  Correspondence, filings and other communications intended for the board shall be addressed to "Administrator, New Hampshire Board for the Licensing and Regulation of Plumbers" at the location stated in (a) above.

 

          (f)  Information can be obtained from the board by calling the telephone numbers stated in paragraphs (b) and (d).

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07

 

          Plu 104.02  Custodian of Records; Inspection and Copies of Records.

 

          (a)  The board's administrative office staff shall be the custodian of the board's records, and shall make available, upon request, those records which are subject to public inspection under RSA 91-A.

 

          (b)  Persons desiring to inspect or obtain copies of board records shall identify as specifically as possible the information being sought.

 

          (c)  Persons desiring copies of board records shall pay the actual costs of copying.

 

          (d)  If records are requested which contain both public information and information exempt from disclosure pursuant to RSA 91-A or other law, the board shall delete the information exempt from disclosure and provide the remaining information, unless otherwise ordered by a court of competent jurisdiction.

 

Source.  #8487, eff 11-17-05; ss by #8980, eff 9-20-07

 

CHAPTER Plu 200  PROCEDURAL RULES

 

PART Plu 201  DEFINITIONS

 

          Plu 201.01  Definitions.

 

          (a)  “Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541-A: 1, I., namely “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

 

          (b)  “Appearance” means a written notification to the board that a party, an intervenor or the representative of a party or intervenor intends to actively participate in an adjudicative proceeding.

 

          (c)  “Board” means the state board for the licensing and regulation of plumbers established by RSA 329-A:3.

 

          (d)  “Contested case” means “contested case” as defined in RSA 541-A:1, IV, namely, “a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.”

 

          (e)  “Declaratory ruling” means “declaratory ruling” as defined in RSA 541-A:1, V, namely, “an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.”

 

          (f)  “Intervenor” means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.

 

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

 

          (h) “Order” means “order” as defined in RSA 541-A:1, XI, namely, “the whole or part of an agency's final disposition of a matter, other than a rule, but does not include an agency's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.”

 

          (i)  “Party” means “party” as defined by RSA 541-A:1, XII, namely, "each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”

 

          (j)  “Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the board.

 

          (k)  “Presiding officer” means the individual to whom the board has given the authority to preside over a proceeding.

 

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

 

          (m)  “Public comment hearing” means a hearing held pursuant to RSA 541-A:11.

 

          (n)  “Record” means, in a contested case, the materials set forth in RSA 541-A:31, VI.

 

          (o)  “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.

 

Source.  #2733, eff 5-31-84; ss by #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8464, eff 10-28-05

 

PART Plu 202  COMPLAINTS OF MISCONDUCT

 

          Plu 202.01  Procedures for Submission of Complaints of Misconduct by Plumbing Licensees and Certified Water Treatment Technicians.

 

          (a)  Persons wishing to complain of misconduct by a plumbing licensee or a certified water treatment technician shall submit to the board:

 

(1)  A signed and dated complaint form which includes the information described in (b) below; and

 

(2)  If available, written contracts, bills of sale, statements of guarantee and other documents relating to the work complained about.

 

          (b)  On the complaint form submitted pursuant to (a)(1) above the complainant shall provide:

 

(1)  The address of the building which is the location of the work complained about;

 

(2)  If known, the name of the owner of that building;

 

(3)  The name, mailing address and phone number of the complainant;

 

(4)  The name and license or certification number of the individual performing the work complained about;

 

(5)  If known, the address of the individual performing the work complained about;

 

(6)  A written statement of the complaint; and

 

(7)  Information about any legal action initiated by the complainant and related to the same complaint.

 

          (c)  The board shall dismiss any complaint, either before or after investigation, when it determines that:

 

(1)  The board has no authority to regulate the actions or omissions complained of; or

 

(2)  There is nothing in the complaint to suggest that the actions or omissions complained of constitute misconduct under RSA 329-A, the rules or any order of the board, or any statute within the authority of the board to enforce.

 

          (d)  The board shall issue a written statement to a complainant whose complaint it has dismissed, including:

 

(1)  Notice of, and the reason for, the dismissal; and

 

(2)  A statement of the complainant’s right to challenge the dismissal through a hearing in accordance with this chapter.

 

Source.  #2733, eff 5-31-84; ss by #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8465, eff 10-28-05; ss by #9140, eff 4-25-08

 

PART Plu 203  DISPUTE RESOLUTION AND CONSTRUCTION OF RULES

          Plu 203.01  Principles of Dispute Resolution.  The board shall resolve by agreement or by a decision all disputes about non-criminal matters within the scope of RSA 329-A and the administrative rules implementing that statute.

 

Source.  #2069, eff 7-1-82; ss by #2733, eff 5-31-84; ss by #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8464, eff 10-28-05

 

          Plu 203.02  Construction of Rules.  Parts Plu 203 - Plu 211 shall be construed to secure the just, accurate and efficient resolution of all disputes.

 

Source.  #2069, eff 7-1-82; ss by #2733, eff 5-31-84; ss by #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8464, eff 10-28-05

 

          Plu 203.03  Right to A Hearing.  Any person having a dispute with the board shall be entitled to a hearing of the dispute if:

 

          (a)  The legal rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and

 

          (b)  Constitutional, statutory or case law requires the board to hold a hearing before determination of those rights, duties or privileges.

 

Source.  #8464, eff 10-28-05

 

PART Plu 204  CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES

 

          Plu 204.01  Presiding Officer.

 

          (a)  Hearings shall be conducted by a presiding officer designated by the board.

 

          (b)  The presiding officer shall as necessary:

 

(1)  Regulate and control the course of the hearing;

 

(2)  Facilitate settlement of the dispute that is the subject of the hearing;

 

(3)  Administer oaths and affirmations;

 

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

 

(5)  Rule on procedural requests at the request of a party or intervenor or on the presiding officer's own motion;

 

(6)  Question anyone who testifies to the extent required to make a full and fair record;

 

(7)  Arrange for recording the hearing as specified in RSA 541-A:31, VII; and

 

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

 

Source.  #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8464, 10-28-05

 

          Plu 204.02  Withdrawal of Presiding Officer.

 

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

 

          (b)  Good cause shall exist if the presiding officer:

 

(1)  Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party or intervenor;

 

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

 

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

 

          (c)  Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

 

Source.  #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97 (See Plu 204.01)

 

New.  #8464, 10-28-05

 

          Plu 204.03  Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon the motion of any party or intervenor, or on his or her own initiative, shall suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver:

 

          (a)  Appears to be lawful; and

 

          (b)  Is more likely to promote the just, accurate and efficient resolution of the pending dispute than would adherence to a particular rule or procedure.

 

Source.  #4264, eff 6-8-87; ss by #5213, eff 8-28-91 EXPIRED: 8-28-97 (See Plu 204.02)

 

New.  #8464, eff 10-28-05

 

PART Plu 205  TIME PERIODS

 

          Plu 205.01  Computation of Time.

 

          (a)  Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days.

 

          (b)  Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

 

          (c)  If the last day of the period so computed falls on a Saturday, Sunday or a legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

 

Source.  #8464, eff 10-28-05

 

PART Plu 206  FILING, FORMAT AND DELIVERY OF DOCUMENTS

 

          Plu 206.01  Date of Issuance or Filing.

 

          (a)  All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document.

 

          (b)  All written documents governed by this chapter shall be rebuttably presumed to have been filed with the board on the date of receipt, as evidenced by a date placed on the document by the board or its staff in the normal course of business.

 

Source.  #8464, eff 10-28-05

 

          Plu 206.02  Format of Documents.

 

          (a)  All correspondence, pleadings, motions or other documents filed shall:

 

(1)  Include the title and docket number of the case, if known;

 

(2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

 

(3)  Be signed by the proponent of the document, or, if the proponent appears by a representative, by the representative; and

 

(4)  Include a statement certifying that a copy of the document has been delivered to all parties and intervenors in compliance with Plu 206.03.

 

          (b)  The signature of a party or intervenor or the representative of the party or the intervenor on a document filed with the board shall constitute certification that:

 

(1)  The signer has read the document;

 

(2)  The signer is authorized to file it;

 

(3)  To the best of the signer's knowledge, information and belief there are good and sufficient grounds to support it; and

 

(4)  The document has not been filed for purposes of delay.

 

Source.  #8464, eff 10-28-05

 

          Plu 206.03  Delivery of Documents.

 

          (a)  Copies of all motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to the board and to all other parties and intervenors.

 

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

 

          (c)  Delivery of documents relating to a proceeding shall be made either in hand or by depositing into the United States mail a copy of the document in an envelope bearing:

 

(1)  The name of the person intended to receive the document;

 

(2)  The full address, including zip code, last provided to the board by such person; and

 

(3)  Prepaid first class postage.

 

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

 

Source.  #8464, eff 10-28-05

 

PART Plu 207  MOTIONS AND OBJECTIONS

 

          Plu 207.01  Motions; Objections to Motions; Ruling on Motions.

 

          (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or based on information that was not received in time to prepare a written motion.

 

          (b)  Oral motions and any oral objections to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the proponent to submit the motion in writing and provide supporting information.

 

          (c)  Except as otherwise provided in this chapter, objections to written motions shall be filed within 10 days of the date of the motion.

 

          (d)  The board shall grant extensions of time for the filing of objections only for good cause.

 

          (e)  For the purposes of (d) above, good cause shall include:

 

(1)  Circumstances not within the control of the party or intervenor requesting the extension that render the party or intervenor unable to file an objection within the normal period for objection; and

 

(2)  Circumstances that otherwise demonstrate that an extension would assist the board in fully and fairly understanding and resolving the issues presented in the motion.

 

          (f)  Failure by an opposing party or an intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion.

 

          (g)  When necessary to obtain information or clarify an issue relating to the proceedings, the presiding officer shall hold a hearing on the motion.

 

          (h)  The presiding officer shall rule upon a motion after full consideration of all objections and applicable law.

 

Source.  #8464, eff 10-28-05

 

PART Plu 208  COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING

 

          Plu 208.01  Commencement of  Adjudicative Proceedings.

 

          (a)  An adjudicative proceeding shall be commenced by:

 

(1)  An order of the board giving the parties the notice specified in (b) below; and

 

(2)  In the case of a proceeding relating to the board's emergency suspension of a license, the notice specified in (b) below together with the order issued pursuant to Plu 208.02(a).

 

          (b)  The notice of hearing shall contain:

 

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

 

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

 

(3)  A reference to the applicable statutes and rules;

 

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

 

(5)  A statement that each party has the right to have representation by an attorney at the party’s own expense;

 

(6)  The name of the presiding officer;

 

(7)  In the case of a hearing not related to the board's emergency suspension of a license, the statement that:

 

a.  The licensee or certificate holder has the right to have the board provide a certified shorthand court reporter at the expense of the licensee or certificate holder;

 

b.  The request of the licensee or certificate holder for a certified shorthand court reporter shall be submitted in writing at least 10 days before the beginning of the hearing; and

 

c.  The licensee or certificate holder shall provide the board with a free copy of any transcript produced; and

 

(8)  In the case of a hearing related to the board's emergency suspension of a license pursuant to Plu 208.02, the statement that the board shall provide a certified shorthand court reporter at the board's expense.

 

Source.  #8464, eff 10-28-05; ss by #9141, eff 4-25-08

 

          Plu 208.02  Procedure for Emergency Suspension of Licenses.

 

          (a)  Upon a finding that public health, safety or welfare requires emergency action, the board shall immediately and pending a hearing suspend a license by issuing a written order of suspension incorporating the finding.

 

          (b)  The board shall commence a hearing no later than 10 working days after the issuance of an order pursuant to (a) above.

 

(c)  Unless the 10-day deadline in (b) above is expressly waived by the licensee, the failure of the board to meet the deadline shall result in the automatic vacating of the order of license suspension.

 

          (d)  After the vacating of the order pursuant to (c) above, the board shall not again suspend the license on the basis of the same conduct which formed the basis for the vacated order without giving the licensee prior notice and the opportunity for a hearing.

 

          (e)  The recording of a hearing on the emergency suspension of a license shall be made by a certified shorthand court reporter provided and paid for by the board.

 

Source.  #8464, eff 10-28-05

 

          Plu 208.03  Appearances.

 

          (a)  An appearance shall be filed by:

 

(1)  Each party or the party's representative, if any; and

 

(2)  Each intervenor or the intervenor's representative, if any.

 

          (b)  The appearance shall contain the following information:

 

(1)  The docket number assigned by the board, or a brief identification of the case;

 

(2)  The daytime address and telephone number of the person filing the appearance; and

 

(3)  If applicable, the daytime address and telephone number of the party or intervenor represented by the person filing the appearance.

 

          (c)  The appearance shall be updated whenever there is a change in the address or telephone number of a person identified in the appearance.

 

Source.  #8464, eff 10-28-05

 

          Plu 208.04  Prehearing Conference.

 

          (a)  A prehearing conference shall be scheduled on the request of any party or intervenor, or on the initiative of the presiding officer if the presiding officer determines that to do so would facilitate the proceedings or encourage resolution of the dispute.

 

          (b)  A prehearing conference shall address one or more of the following:

 

(1)  Offers of settlement;

 

(2)  Simplification of the issues;

 

(3)  Stipulations or admissions as to issues of fact or proof;

 

(4)  Limitations on the number of witnesses;

 

(5)  Changes to standard hearing procedures;

 

(6)  Consolidation of examination of witnesses; and

 

(7)  Any other matters that advance the efficiency of the proceedings.

 

Source.  #8464, eff 10-28-05

 

          Plu 208.05  Recording the Hearing.

 

          (a)  Except in the circumstances described in (b) below, the presiding officer shall record the hearing by tape recording or any other method that will provide a verbatim record.

 

          (b)  A hearing on the immediate suspension of a license pursuant to RSA 541-A:30, III shall be recorded by a certified shorthand court reporter provided by the board.

 

          (c)  If any person requests a written transcript of a tape recording of a hearing, the following procedure shall apply:

 

(1)  The board shall ascertain the estimated cost of the transcript and convey that information to the person making the request;

 

(2)  Upon the receipt of the estimated cost, the person making the request shall advise the board whether he or she wishes to order the written transcript;

 

(3)  If the person wishes to order the transcript, he or she shall forward payment for the estimated cost to the board;

 

(4)  Upon receipt of payment for the estimated cost of the transcript, the board shall arrange for the preparation of the transcript and, upon the completion of the transcript, shall ascertain the final cost;

 

(5)  If the final cost of the transcript is less than the estimated cost, the board shall return the excess payment to the person with the transcript;

 

(6)  If the final cost of the transcript is in excess of the estimated cost, the person requesting the transcript shall pay to the board the additional amount; and

 

(7)  Upon receipt of payment in full for the final amount, the board shall forward the transcript to the person.

 

Source.  #8464, eff 10-28-05

 

PART Plu 209  INTERVENTION; ROLES OF COMPLAINANTS AND BOARD STAFF

 

          Plu 209.01  Intervention Procedure.

 

          (a)  Petitions for intervention shall:

 

(1)  Describe in writing the petitioner's interest in the subject matter of the proceedings;

 

(2)  Be submitted to the presiding officer; and

 

(3)  Be mailed in copy form to all parties identified in the notice commencing the hearing.

 

          (b)  A petition for intervention shall be granted by the presiding officer if the petitioner complied with (a) above at least 3 days before the hearing and the presiding officer determines that:

 

(1)  The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceedings or the petitioner qualifies as an intervenor under law; and

 

(2)  The intervention sought would not impair the interests of justice and the orderly and prompt conduct of the proceedings.

 

          (c)  The presiding officer shall grant a petition for intervention at any time if:

 

(1)  The petitioner complied with (a) above; and

 

(2)  The presiding officer determines that the intervention sought would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.

 

Source.  #8464, eff 10-28-05

 

          Plu 209.02  Effect of Intervention and Rights of an Intervenor.

 

          (a)  Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted.

 

          (b)  Notwithstanding the provisions of this chapter, an intervenor’s right to participate in an adjudicative proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.

 

          (c)  An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated because of the fact of intervention.

 

Source.  #8464, eff 10-28-05

 

          Plu 209.03  Role of Complainants and Board Staff.

 

          (a)  Complainants alleging misconduct by a licensee or certificate holder shall have no role in any hearing other than that of witness unless they petition for, and are granted, the right to intervene.

 

          (b)  Board staff, the board’s attorney, or another representative of the board shall:

 

(1)  Investigate disputes about matters within the scope of RSA 329-A and the administrative rules implementing that statute;

 

(2)  Present the results of investigations to the board at adjudicative hearings or during informal dispute resolution; and

 

(3)  Present, or solicit from witnesses, such testimony as is required by the board to resolve the issues raised in adjudicative hearings.

 

Source.  #8464, eff 10-28-05; ss by #9141, eff 4-25-08

 

PART Plu 210  CONTINUANCES AND FAILURE TO ATTEND HEARING

 

          Plu 210.01  Continuances.

 

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

 

          (b)  A motion for a delay or a continuance shall be granted if the presiding officer determines that there is good cause to do so.

 

          (c)  Good cause shall include:

 

(1)  The unavailability of parties, intervenors, witnesses or attorneys necessary to conduct the hearing;

 

(2)  The likelihood that a settlement will make the hearing or its continuation unnecessary; or

 

(3)  Any other circumstances that demonstrate that a delay or continuance would assist in resolving the case fairly.

 

          (d)  If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

 

Source.  #8464, eff 10-28-05

 

          Plu 210.02  Failure of a Party to Attend or Participate in the Hearing.

 

          (a)  A party shall be in default if the party:

 

(1)  Has the overall burden of proof;

 

(2)  Has been given notice in accordance with Plu 208.01; and

 

(3)  Fails to attend the hearing, unless the failure to attend the hearing is the result of accident, injury, illness or other event beyond the party's control.

 

          (b)  If a party is in default under (a) above, the case shall be dismissed.

 

          (c)  If a party who does not have the overall burden of proof fails to attend a hearing after having been given notice in accordance with Plu 208.01, the testimony and evidence of any other parties or intervenors shall be received and evaluated. 

 

          (d)  If a party who has the overall burden of proof attends a hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party. 

 

Source.  #8464, eff 10-28-05

 

PART Plu 211  REQUESTS FOR INFORMATION AND DOCUMENTS

 

          Plu 211.01  Voluntary Production of Information.

 

          (a)  Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing.

 

          (b)  When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion under Plu 211.02 to compel the production of the requested information or documents.

 

Source.  #8464, eff 10-28-05

 

          Plu 211.02  Motions to Compel Production of Information and Documents.

 

          (a)  Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such notice is issued less than 30 days in advance of the hearing.

 

          (b)  The motion to compel shall:

 

(1)  Set forth in detail those facts which justify the request for information or documents; and

 

(2)  List with specificity the information or documents being sought.

 

          (c)  Objections to motions to compel shall be filed within 10 days of the delivery of the motion.

 

          (d)  The presiding officer shall grant the motion to compel if its proponent has demonstrated that an order for compliance is necessary for a full and fair presentation of evidence at the hearing.

 

Source.  #8464, eff 10-28-05

 

          Plu 211.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.  At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors:

 

          (a)  A list of all witnesses to be called at the hearing containing the names of the witnesses, their addresses and their telephone numbers;

 

          (b)  Brief summaries of the testimony of the witnesses to be called;

 

          (c)  A list of all documents and exhibits to be offered as evidence at the hearing;

 

          (d)  A copy of each document intended to be offered as evidence at the hearing; and

 

          (e)  An offer to allow the inspection of non-documentary exhibits intended to be offered as evidence at the hearing at times and places of convenience to the parties and intervernors.

 

Source.  #8464, eff 10-28-05

 

PART Plu 212  HEARING PROCEDURE

 

          Plu 212.01  Standard and Burden of Proof.  The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

 

Source.  #8464, eff 10-28-05

 

          Plu 212.02  Order of Testimony; Cross-Examination.

 

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

 

          (b)  Testimony on behalf of the parties shall be offered in the following order:

 

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

 

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

 

          (c)  The testimony of intervenors and such witnesses as such intervenors may be allowed to call shall be offered at the time directed by the presiding officer.

 

          (d)  Each party may cross-examine any witnesses offered against that party.

 

          (e)  The right of an intervenor to cross-examine witnesses shall be determined by the presiding officer.

 

Source.  #8464, eff 10-28-05

 

          Plu 212.03  Evidence.

 

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

 

          (b)  All rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the board.

 

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

 

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

 

          (e)  Transcripts of testimony as well as documents, materials and objects admitted into evidence shall be public records unless the presiding officer determines that all or part of them is exempt from disclosure under RSA 91-A:5 or applicable case law.

 

Source.  #8464, eff 10-28-05

 

          Plu 212.04  Proposed Findings of Fact and Conclusions of Law.

 

          (a)  Any party or intervenor may submit proposed findings of fact and conclusions of law.

 

          (b)  The board shall allow a party or intervenor to file more than a combined total of 25 proposed findings of fact and conclusions of law if:

 

(1)  At least 10 days prior to the hearing, the party or intervenor files a request to exceed 25 findings of fact and rulings of law; and

 

(2)  The board finds that the filing of more than 25 findings of fact and rulings of law would assist in clarifying the issues.

 

          (c)  The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when:

 

(1)  Any party or intervenor has requested such action;

 

(2)  The presiding officer is required by Plu 212.07(c)(3) to make findings of fact and rulings of law; or

 

(3)  The presiding officer determines that proposed findings of fact and rulings of law would clarify the issues presented at the hearing.

 

          (d)  In any case where proposed findings of fact and rulings of law are submitted, the decision shall include rulings on the proposals

 

Source.  #8464, eff 10-28-05

 

          Plu 212.05  Closing the Record.  After the conclusion of the hearing and the filing of such post-hearing submissions as may be ordered by the presiding officer, the record shall be closed and no additional evidence shall be received into the record except as allowed by Plu 211.06.

 

Source.  #8464, eff 10-28-05

 

          Plu 212.06  Reopening the Record.

 

          (a)  If no written proposal for decision pursuant to Plu 212.07(c) or final decision pursuant to Plu 212.07(a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence or claims of law.

 

          (b)  A motion pursuant to (a) above shall be granted if:

 

(1)  There is no objection from any other party or intervenor;

 

(2)  The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted; and

 

(3)  The presiding officer determines that the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

 

          (c)  If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of reopening the record.

 

          (d)  The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the presiding officer determines that the evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted and the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

 

          (e)  If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.

 

Source.  #8464, eff 10-28-05

 

          Plu 212.07  Disposition.

 

          (a)  The board shall issue a decision or order, whether or not the record has been reopened pursuant to Plu 212.06, based on:

 

(1)  A hearing attended by a quorum of the board;

 

(2)  A written proposal for disposition meeting the requirements of paragraph (d) below; or

 

(3)  A hearing held pursuant to subparagraph (e)(2) below. 

 

          (b)  The decision or order shall:

 

(1)  Be in writing and dated; and

 

(2)  Include findings of fact and rulings of law.

 

          (c)  A board member shall not participate in the board's disposition if he or she has not personally heard all of the testimony in the case, unless the disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

 

          (d)  If a presiding officer has been delegated the authority to conduct the hearing, the presiding officer shall submit to the board a written proposal for disposition containing:

 

(1)  The disposition proposed by the presiding officer;

 

(2)  A statement of the reasons for the proposed disposition; and

 

(3)  Findings of fact and rulings of law.

 

          (e)  If a proposed disposition submitted pursuant to paragraph (d) is adverse to a party or an intervenor, the board shall:

 

(1)  Serve a copy of it on each party and intervenor; and

 

(2)  Provide an opportunity to file objections and present briefs and oral arguments to the board.

 

          (f)  The board shall keep a final decision in its records for at least 5 years following their dates of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

 

Source.  #8464, eff 10-28-05

 

          Plu 212.08  Rehearing.

 

          (a)  Within 30 days of the board's decision or order, any party or person directly affected may request rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying:

 

(1)  The issues to be considered at the rehearing; and

 

(2)  Every ground on which it is claimed that the decision or order is unlawful or unreasonable.

 

          (b)  An objection to a motion for rehearing shall be submitted within 5 days of the submission of the motion.

 

          (c)  Within 10 days of the submission of the motion for rehearing the board shall:

 

(1)  Grant the motion;

 

(2)  Deny the motion; or

 

(3)  Suspend the board's decision or order pending further consideration.

 

          (d)  The board shall grant the motion for rehearing if it determines that, in the original hearing it:

 

(1)  Incorrectly assessed the relevant evidence;

 

(2)  Incorrectly applied the relevant law; or

 

(3)  Otherwise failed substantially to comply with this chapter or acted in a manner which was unlawful or unreasonable.

 

Source.  #8464, eff 10-28-05

 

          Plu 212.09  Appeal.  Pursuant to RSA 155-A:11-a any party aggrieved by a final decision or order of the board shall appeal to the building code review board established by RSA 155-A:10.

 

Source.  #8464, eff 10-28-05

 

PART Plu 213  SETTLEMENTS

 

          Plu 213.01  Settlement of Disciplinary Disputes.

 

          (a)  Any licensee or certificate holder having a dispute with the board over a disciplinary matter shall have the opportunity to settle some or all of the issues if there is no dispute between the board and the licensee or certificate holder about the material facts underlying the issues.

 

          (b)  To be effective, an agreement to settle shall be:

 

(1)  In writing;

 

(2)  Signed by the licensee or certificate holder and a member of the board; and

 

(3)  After the signing, finalized as an order issued by the board.

 

          (c)  The signing by the licensee or certificate holder of an agreement to settle shall constitute a waiver of the right of the licensee or certificate holder to a hearing of the issues resolved by the agreement.

 

Source.  #8465, eff 10-28-05; ss by 9140, eff 4-25-08

 

PART Plu 214  RULEMAKING

 

          Plu 214.01  Petitions for Rulemaking.

 

          (a)  Any person may seek the adoption, amendment or repeal of a rule by submitting to the board a petition pursuant to RSA 541-A:4.

 

          (b)  Each petition for rulemaking shall contain:

 

(1)  The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;

 

(2)  A statement of the purpose of the petition, whether the adoption, amendment or repeal of a rule;

 

(3)  If amendment or adoption of a rule is sought, the text proposed;

 

(4)  If amendment or repeal of a rule is sought, identification of the current rule sought to be amended or repealed;

 

(5)  Reference to the statutory provision that authorizes or supports the rulemaking petition; and

 

(6)  Information or argument useful to the board when deciding whether to begin the rulemaking process.

 

Source.  #8464, eff 10-28-05

 

          Plu 214.02  Disposition of Petitions for Rulemaking.

 

          (a)  The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision.

 

          (b)  The board shall grant the petition for rulemaking unless the adoption, amendment or repeal sought would result in:

 

(1)  A rule that is not within the rulemaking authority of the board;

 

(2)  Duplication of a rule or of a statutory provision;

 

(3)  Inconsistency between the existing rules and the statutory mandate of the board;

 

(4)  Inconsistency of administrative rules one with another; or

 

(5)  Excessive burden upon the board in terms of cost or a reduction in efficiency or effectiveness.

 

          (c)  Within 30 days of receipt of a sufficient petition the board shall dispose of it in the following manner:

 

(1)  By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

 

(2)  By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

 

          (d)  The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

 

Source.  #8464, eff 10-28-05

 

PART Plu 215  PUBLIC COMMENT HEARINGS

 

          Plu 215.01  Purpose.  The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

 

Source.  #8464, eff 10-28-05

 

          Plu 215.02  Public Access and Participation.

 

          (a)  Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Plu 215.03.

 

          (b)  People who wish to testify shall be asked to write on the speaker's list:

 

(1)  Their full names and addresses; and

 

(2)  The names and addresses of organizations, entities or other persons whom they represent, if any.

 

          (c)  Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.

 

Source.  #8464, eff 10-28-05

 

          Plu 215.03  Limitations on Public Participation.  The board's chair or other person designated by the board to preside over a hearing shall:

 

          (a)  Refuse to recognize for speaking or revoke the recognition of any person who:

 

(1)  Speaks or acts in an abusive or disruptive manner;

 

(2)  Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

 

(3)  Restates more than once what he or she has already stated; and

 

          (b)  Limit presentations on behalf of the same organization or entity to no more than 3, provided that all those representing such organization or entity may enter their names and addresses into the record as supporting the position of the organization or entity.

 

Source.  #8464, eff 10-28-05

 

          Plu 215.04  Media Access.  Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward:

 

          (a)  Limitation of the number of media representatives when their number together with the number of members of the public present exceeds the capacity of the hearing room;

 

          (b)  Limitation on the placement of cameras to specific locations within the hearing room; or

 

          (c)  Prohibition of interviews conducted within the hearing room before or during the hearing.

 

Source.  #8464, eff 10-28-05

 

          Plu 215.05  Conduct of Public Comment Hearings.

 

          (a)  Public comment hearings shall be attended by a quorum of the board.

 

          (b)  Public comment hearings shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing.

 

          (c)  The chair or other person presiding over a hearing shall:

 

(1)  Call the hearing to order;

 

(2)  Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;

 

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

 

(4)  Recognize those who wish to be heard;

 

(5)  If necessary, establish limits pursuant to Plu 215.03 and Plu 215.04;

 

(6)  If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

 

(7)  If necessary, postpone or move the hearing; and

 

(8)  Adjourn or continue the hearing.

 

          (d)  A hearing shall be postponed under the following circumstances:

 

(1)  In accordance with RSA 541-A:11, IV, when:

 

a.  The weather is so inclement that it is reasonable to conclude that members of the public wishing to attend the hearing will be unable to do so;

 

b.  There is no quorum of the board due to illness or unavoidable absence; or

 

c.  Postponement will facilitate greater participation by the public; or

 

(2)  The board chair or other person designated by the board to preside over the hearing is ill or unavoidably absent.

 

          (e)  A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

 

          (f)  A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

 

(1)  The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

 

(2)  The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

 

Source.  #8464, eff 10-28-05

 

PART Plu 216  DECLARATORY RULINGS

 

          Plu 216.01  Requests for Declaratory Rulings.

 

          (a)  Any person may request a declaratory ruling by the board if that person is directly affected by RSA 329-A or by any administrative rule of the board.

 

          (b)  A request for a declaratory ruling shall be in a writing containing:

 

(1)  The name and address of the individual or entity making the request;

 

(2)  The text of the ruling being requested;

 

(3)  The reasons for the request; and

 

(4)  The following declaration signed by the individual making the request, the authorized representative of such individual, or the authorized representative of the entity making the request:

 

"I declare that I have examined the request for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct and complete."

 

Source.  #8464, eff 10-28-05

 

          Plu 216.02  Documents Required to Support Requests for Declaratory Rulings.

 

          (a)  A request for a declaratory ruling shall be accompanied by:

 

(1)  A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested;

 

(2)  A statement of the facts believed to support the ruling being requested; and

 

(3)  Supplementary material necessary to establish or clarify the facts set forth in the statement of facts.

 

          (b)  A request for a declaratory ruling may be accompanied by additional material chosen by the person making the request.

 

Source.  #8464, eff 10-28-05

 

          Plu 216.03  Processing Requests for Declaratory Rulings.

 

          (a)  Within 30 days of receiving a request for a declaratory ruling the board shall advise the person requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented.

 

          (b)  If additional information should be needed, the board shall specify the additional information required and request that it be provided in a statement of additional information that includes the declaration specified in Plu 214.01(b)(4) and is accompanied by any material necessary to establish or clarify the facts set forth in the statement.

 

Source.  #8464, eff 10-28-05

 

          Plu 216.04  Issuance and Publication of Declaratory Rulings.

 

          (a)  When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts.

 

          (b)  When the established facts show that the board lacks subject matter or personal jurisdiction to issue a declaratory ruling, the board shall issue a written decision stating that it lacks jurisdiction to issue a declaratory ruling and identifying the lack of jurisdiction.

 

          (c)  Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II (b).

 

Source.  #8464, eff 10-28-05

 

          Plu 216.05  Effect of Declaratory Rulings.  A declaratory ruling shall apply only to the board and to the person requesting it and shall be confined to the facts presented pursuant to Plu 216.02 (a)(2) - (a)(3) and in response to a request of the board made pursuant to Plu  216.03 (b).

 

Source.  #8464, eff 10-28-05

 

PART Plu 217  EXPLANATION OF ADOPTED RULES

 

          Plu 217.01  Requests for Explanation of Adopted Rules.  Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including:

 

          (a)  The name and address of the person making the request; or

 

          (b)  If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

 

Source.  #8465, eff 10-28-05

 

          Plu 217.02  Contents of Explanation.  The board shall, within 90 days of receiving a request in accordance with Plu 217.01, provide a written response which:

 

          (a)  Concisely states the meaning of the rule adopted;

 

          (b)  Concisely states the principal reasons for and against the adoption of the rule in its final form; and

 

          (c)  States, if the board did so, why the board overruled any arguments and considerations presented against the rule

 

Source.  #8465, eff 10-28-05

 

CHAPTER Plu 300  INITIAL PLUMBING LICENSING AND WATER TREATMENT TECHNICIAN CERTIFICATION

 

PART Plu 301  DEFINITIONS

 

REVISION NOTE:

 

          Document #8981, effective 9-20-07, made extensive changes to the wording and numbering in the former Plu 301 entitled “Definitions”, by deleting the definition of “Apprenticeship council” in Plu 301.01 and adding new definitions in Plu 301.01 through Plu 301.07.  Document #8981 therefore replaces all prior filings affecting Plu 301.  The filings of the State Board for the Licensing and Regulation of Plumbers affecting the former Plu 301 include the following documents:

 

            #2069, eff 7-1-82

            #2733, eff 5-31-84, EXPIRED 5-31-90

            #5213, eff 8-28-91, EXPIRED 8-28-97

            #8542, eff 1-20-06

 

          Plu 301.01  "Apprentice" means "apprentice" as defined in RSA 329-A:2, III, namely, "any person who is engaged in learning and assisting in the installation of plumbing and drainage under an apprenticeship program that meets the requirements of the state apprenticeship council established in RSA 278."

 

Source.  (See Revision Note at part heading for Plu 301) #8981, eff 9-20-07

 

          Plu 301.02  "Journeyman plumber" means "journeyman plumber" as defined in RSA 329-A:2, II, namely, "any person who customarily performs the work of installing plumbing and drainage under the direction of a master plumber."

 

Source.  #8981, eff 9-20-07

 

          Plu 301.03  "Master plumber" means "master plumber" as defined in RSA 329-A:2, I, namely "any person, firm, corporation, or limited liability company that, as a business, hires or employs a person or persons to do plumbing work, or, without hiring any person, does that work as a principal business or as auxiliary to a principal business for his or its own account."

 

Source.  (See Revision Note at part heading for Plu 301) #8981, eff 9-20-07

 

          Plu 301.04  "Water supply system" means the water service pipe, water distribution pipes, and the necessary connecting pipes, fittings, control valves and all appurtenances in or adjacent to the structure or premises.

 

Source.  (See Revision Note at part heading for Plu 301) #8981, eff 9-20-07

 

          Plu 301.05  "Water treatment system" means "water treatment system'' as defined in RSA 329-A:2, VI, namely, "any apparatus for treating or processing water to modify, enhance, or improve its quality or to meet a specific water quality need, desire, or standard, and the pipes, fittings, and other components servicing such apparatus."

 

Source.  (See Revision Note at part heading for Plu 301) #8981, eff 9-20-07

 

          Plu 301.06  “Water treatment technician” means “water treatment technician” as defined in RSA 329-A:2, VII, namely, “any person who installs, maintains or repairs water treatment systems.”

 

Source.  (See Revision Note at part heading for Plu 301) #8981, eff 9-20-07

 

          Plu 301.07  "Water treatment trainee" means "water treatment trainee" as defined in RSA 329-A:2, VIII, namely, "any person who is engaged in learning about and assisting in installing, maintaining, or repairing water treatment systems under the direct supervision of a water treatment technician certified under this chapter."

 

Source.  (See Revision Note at part heading for Plu 301) #8981, eff 9-20-07

 

PART Plu 302  PLUMBING LICENSE APPLICATION PROCEDURE

 

          Plu 302.01  Application Process for Individuals Seeking Plumbing Licenses.

 

          (a)  Each individual seeking an initial license to practice as a master or journeyman plumber shall do so by submitting the following application packet:

 

(1)  An application form provided by the board that meets the requirements of Plu 302.03;

 

(2)  The additional supporting materials specified by Plu 302.05; and

 

(3)  The license fee specified by Plu 308.02(a) which is applicable to the type of license sought.

 

          (b)  If the board, after receiving and reviewing the completed packet, requires further information or documents to determine the applicant's qualification for licensure, the board shall:

 

(1)  So notify the applicant in writing within 60 days; and

 

(2)  Specify the information or documents it requires.

 

          (c)  The board shall deny the application if the applicant does not submit the additional information or documents requested under (b) above within 60 days of the request.

 

          (d)  The board shall approve or deny the application within 120 days of the date that the board’s office has received the completed application packet and any information or documents requested under (b) above.

 

          (e)  If it denies the application, the board shall provide the applicant with written reasons for the denial.

 

          (f)  An applicant wishing to challenge the board's denial of his or her application shall make a written request for a hearing of the challenge and submit it:

 

(1)  Within 60 days of the notice of the denial; or

 

(2)  If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

 

          (g)  The board shall refund the license fee if:

 

(1)  The applicant withdraws the application; or

 

(2)  The board denies the application.

 

Source.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8542, eff 1-20-06; ss by #8981, eff 9-20-07

 

          Plu 302.02  Application Process for Plumbing Corporations, Limited Liability Companies and Partnerships.

 

          (a)  Each corporation, limited liability company or partnership seeking an initial license to practice plumbing shall do so by submitting the following application packet:

 

(1)  A business application form provided by the board that meets the requirements of Plu 302.06;

 

(2)  The additional supporting materials specified by Plu 302.08; and

 

(3)  Any business license fee required by Plu 308.03.

 

          (b)  The board shall not consider a request for initial licensure until the completed business application packet described in (a) above has been received by the board’s office.

 

          (c)  If the board, after receiving and reviewing the completed business application packet, requires further information or documents to determine the applicant's qualification for licensure, the board shall:

 

(1)  So notify the applicant in writing within 60 days; and

 

(2)  Specify the information or documents it requires.

 

          (d)  The board shall deny the application if the applicant does not submit the additional information or documents requested under (c) above within 60 days of the request.

 

          (e)  The board shall approve or deny the application in writing within 120 days of the date that the board’s office has received the completed business application packet and any information or documents requested under (c) above.

 

          (f)  The board shall refund any license fee paid if:

 

(1)  The business applicant withdraws the application; or

 

(2)  The board denies the application.

 

          (g)  A business applicant wishing to challenge the board's denial of its application shall make a written request for a hearing of the challenge and submit it within 60 days of the notice of the denial.

 

Source.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8542, eff 1-20-06; ss by #8981, eff 9-20-07

 

          Plu 302.03  Multipart  Application Form to be Used by Applicants for Individual Plumbing Licenses.

 

          (a)  The multipart application form shall:

 

(1)  Be provided by the board; and

 

(2)  Contain 2 parts as follows:

 

a.  Part one, containing information available to the public; and

 

b.  Part 2, which is held confidential by the board.

 

          (b)  The applicant shall:

 

(1)  Complete the entire form using a keyboard or by printing the information legibly in ink;

 

(2)  Complete all sections of the entire form or designate them as not applicable; and

 

(3)  Sign and date the form.

 

          (c)  On part one of the form the applicant shall designate in the space provided the license sought.

 

          (d)  Also on part one of the form the applicant shall provide the following information:

 

(1)  The date the applicant submits the form;

 

(2)  The applicant’s full name;

 

(3)  If applicable, the applicant's maiden name or any other name used by the applicant which is different from the applicant's current name;

 

(4)  The applicant's place and date of birth;

 

(5)  Using the “yes” and “no” boxes provided, an indication whether the applicant has already taken the licensing examination required by Plu 304;

 

(6)  The name, full business address and telephone number of:

 

a.  The applicant’s own business, if any; or

 

b.  The applicant’s employer, if any;

 

(7)  If applying for an initial license as a journeyman plumber:

 

a.  The name and address of the apprenticeship program or the program’s sponsor; and

 

b.  The date of issuance of the apprenticeship completion certificate by the apprenticeship council;

 

(8)  If applying for an initial license as a master plumber and holding a New Hampshire license as a journeyman plumber, the number of the journeyman plumber license;

 

(9)  If applying for an initial license as a master plumber or a journeyman plumber and holding a currently valid out of state license as a master plumber or a journeyman plumber:

 

a.  Whether the applicant’s currently valid out-of-state license is a journeyman or master plumber license;

 

b.  The name of the jurisdiction issuing the license;

 

c.  The number of the license; and

 

d.  The expiration date of the license; and

 

(10)  If applying for an initial license as a journeyman plumber, the names, addresses and telephone numbers of the 3 individuals who will provide letters of reference meeting the requirements of Plu 302.05(i).

 

          (e)  Also on part one of the form the applicant shall indicate by using the “yes” and “no” boxes provided:

 

(1)  Whether the applicant was convicted after the age of majority of:

 

a.  A felony;

 

b.  Any criminal offense involving injury to a victim or the risk of such injury; or

 

c.  Any criminal offense involving dishonesty;

 

(2)  Whether the applicant has ever been denied a license or other authorization to practice as a plumber in any jurisdiction;

 

(3)  Whether the applicant has ever been the subject of any disciplinary action by any authority regulating plumbers;

 

(4)  Whether the applicant has had his or her license or other authorization to practice as a plumber suspended or revoked and not thereafter reinstated in any other jurisdiction; and

 

(5)  Whether the applicant has ever surrendered a license or other authorization to practice as a plumber in any jurisdiction in order to avoid or to settle disciplinary charges.

 

          (f)  Also on part one of the form the applicant shall place the date, his or her printed name and his or her signature in the space provided beneath the following preprinted statement:

 

"I acknowledge that, under RSA 641:2, I, knowingly making a false statement on this application form is a misdemeanor. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief. I also certify that I have read RSA 329-A and the rules of the Board and promise that, if I am licensed or certified, I will abide by them."

 

          (g)  On part 2 of the form the applicant shall provide the applicant’s:

 

(1)  Full name;

 

(2)  Home address;

 

(3)  Home telephone number;

 

(4)  Home e-address, if the applicant wishes to provide it; and

 

(5)  The applicant's social security number written immediately below the following preprinted statement:

 

"The Plumbing Board is required by RSA 161-B:11 to obtain your social security number for the purpose of child support enforcement.  Except for its use in child support enforcement, your social security number will not be used by the Plumbing Board and will be held confidential."

 

          (h)  Also on part 2 of the form the applicant shall indicate using the “yes” and “no” boxes provided:

 

(1)  Whether the applicant knows that he or she is or will soon be the subject of a disciplinary proceeding, settlement agreement or consent decree undertaken or issued by any authority regulating plumbers; and

 

(2)  Whether any claim on the basis of the applicant’s plumbing work is pending against the applicant in any court.

 

Source.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8542, eff 1-20-06; ss by #8981, eff 9-20-07

 

          Plu 302.04  Effect of Signature.  The effect of the applicant's signature on part one of the form shall be:

 

          (a)  The applicant’s acknowledgement that, under RSA 641:2, I, knowingly making a false statement on the application form is a misdemeanor;

 

          (b)  The applicant’s certification that:

 

(1)  The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

 

(2)  The applicant has read the statutes and administrative rules of the board; and

 

          (c)  The applicant’s promise to abide by RSA 329-A and the rules of the board.

 

Source.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8542, eff 1-20-06; ss by #8981, eff 9-20-07

 

          Plu 302.05  Required Supporting Materials.  Individual applicants for initial licensure shall provide, or arrange for the board to receive, the following documents supporting their applications:

 

          (a)  A photograph of the applicant’s face:

 

(1)  Not more than 1 inch or less than ¾ inch wide; and

 

(2)  Taken not more than 6 months before the submission of the application packet;

 

          (b)  If the application is for a journeyman plumber license, a photocopy of the applicant’s apprenticeship completion certificate;

 

          (c)  If the application is for a journeyman plumber license and the applicant was issued an apprentice identification card by the board, a photocopy of the apprentice identification card;

 

          (d)  If applicable, a photocopy of any currently valid license or other authorization to practice as a plumber;

 

          (e)  On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions (e)(1) through (e)(5) on part one of the application form is in the affirmative;

 

          (f)  On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions (h)(1) through (h)(2) on part 2 of the application form is in the affirmative;

 

          (g)  If the applicant holds a currently valid license issued by another jurisdiction, a photocopy of such license;

 

          (h)  Unless the information is available from a secure internet site operated by the regulatory agency, an official letter sent directly to the board by each regulatory agency which has issued to the applicant a license to practice:

 

(1)  Stating whether the license is, or was during its period of validity, in good standing; and

 

(2)  Stating whether disciplinary action was taken against the license or certification;

 

          (i)  For applications for an initial license as a journeyman plumber:

 

(1)  Two signed letters of reference stating:

 

a.  The circumstances in which the writer knows the applicant; and 

 

b.  The opinion of the writer that the applicant is of good character; and

 

(2)  One signed letter written by the licensed plumber supervising, or directing the supervision of, the applicant’s plumbing during the applicant’s military service or apprenticeship stating that:

 

a.  The writer supervised the applicant’s plumbing work in the military or in the applicant’s apprenticeship program; and

 

b.  The writer’s opinion that the applicant is competent to be a journeyman plumber; and

 

          (j)  The applicant's examination score.

 

Source.  #8542, eff 1-20-06; ss by #8981, eff 9-20-07

 

          Plu 302.06  Application Form to be Used by Plumbing Corporations, Limited Liability Companies and Partnerships.

 

          (a)  On the form to be used by plumbing businesses applying for licensure pursuant to RSA 329-A:10, II, the applicant shall identify the business as a corporation, a limited liability company or a partnership.

 

          (b)  The applicant shall also provide:

 

(1)  The date the applicant submits the form;

 

(2)  The name of the corporation, limited liability company or partnership;

 

(3)  The full mailing address of the corporation, limited liability company or partnership;

 

(4)  The full physical address of the corporation, limited liability company or partnership;

 

(5)  The telephone number of the corporation, limited liability company or partnership;

 

(6)  The name of a corporate officer, managing member of the limited liability company or partner, as applicable, holding a currently valid New Hampshire master plumber license;

 

(7)  The number of that person’s master plumber license;

 

(8)  As applicable, one of the following titles for that person:

 

a.  President of the applicant corporation;

 

b.  Vice president of the applicant corporation;

 

c.  Treasurer of the applicant corporation;

 

d.  Managing member of the applicant limited liability company; or

 

e.  Partner in the applicant partnership; and

 

(9)  If the business is a corporation, whether that person is the sole shareholder.

 

          (c)  The corporate officer, managing member of a limited liability company or partner named pursuant to (b)(6) above shall place the following beneath the preprinted promise that the applicant will perform its work in accordance with the state plumbing code or any more stringent local code:

 

(1)  His or her printed name;

 

(2)  His or her signature; and

 

(3)  The date of signing.

 

Source.  #8542, eff 1-20-06; ss by#8981, eff 9-20-07

 

          Plu 302.07  Effect of Signature on Application for License as a Plumbing Business.  The effect of the signature required by Plu 302.06(c) is to make breach of the applicant’s promise to perform its work in accordance with the state plumbing code or any more stringent local code misconduct pursuant to RSA 329-A:12, II(c).

 

Source.  #8542, eff 1-20-06; ss by#8981, eff 9-20-07

 

          Plu 302.08  Required Supporting Materials.  Business applicants for licensure shall provide the following documents supporting their applications:

 

          (a)  A photocopy of the New Hampshire master plumber license held by the person who signed the application in accordance with Plu 302.06(c);

 

          (b)  If the applicant is a corporation, a valid corporate resolution signed and dated by the corporate secretary within the 30 days preceding the application, showing that the person who signed the application holds the corporate title stated pursuant to Plu 302.06(b)(8);

 

          (c)  If the applicant is a limited liability company, a letter signed by all of the members stating that the person who signed the application is the managing member;

 

          (d)  If the applicant is a partnership, a letter signed by all of its partners stating that the person who signed the application is a partner; and

 

          (e)  If the applicant is a business incorporated, formed or located outside of New Hampshire, a photocopy of its certificate of authority to conduct business in New Hampshire.

 

Source.  #8542, eff 1-20-06; ss by#8981, eff 9-20-07

 

PART Plu 303  ELIGIBILITY FOR PLUMBING LICENSURE

 

          Plu 303.01  Eligibility Requirements for Initial Individual Licensure.

 

          (a)  A person shall be eligible for initial licensure as a master plumber if he or she:

 

(1)  Is of good character and professional competence, as evidenced by:

 

a.  The information supplied pursuant to Plu 302.03(e) on part one of the application form;

 

b.  The information supplied pursuant to Plu 302.03(h) on part 2 of the application form;

 

c.  Any reports submitted pursuant to Plu 302.05(e) and (f);

 

d.  Any information obtained by the board pursuant to Plu 302.05(h); and

 

e.  The fact of licensure as a journeyman plumber;

 

(2)  Has held a New Hampshire journeyman plumber license for at least 6 months; and

 

(3)  Has passed the examination described in Plu 304.01(a).

 

          (b)  A person shall be eligible for initial licensure as a journeyman plumber if he or she:

 

(1)  Is of good character and professional competence as evidenced by:

 

a.  The information supplied pursuant to Plu 302.03(e) on part one of the application form;

 

b.  The information supplied pursuant to Plu 302.03(h) on part 2 of the application form;

 

c.  Any reports submitted pursuant to Plu 302.05(e) and (f);

 

d.  Any information obtained by the board pursuant to Plu 302.05(h); and

 

e.  The content of the letters required by Plu 302.05(i);

 

(2)  Has received an apprenticeship completion certificate issued by the apprenticeship council; and

 

(3)  Has passed the examination described in Plu 304.01(b).

 

Source.  #2069, eff 7-1-82; ss by #2733, eff 5-31-84, EXPIRED: 5-31-90 (formerly Plu 302.01)

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8542, eff 1-20-06; ss by #8981, eff 9-20-07

 

          Plu 303.02  Eligibility Requirements for Initial Business Licensure.

 

          (a)  A business shall be eligible for initial licensure if the business:

 

(1)  Is a corporation, a limited liability company or a partnership;

 

(2)  Is engaged in plumbing; and

 

(3)  Has at least one corporate officer, managing member of the limited liability company or partner, as applicable, who currently holds a New Hampshire master plumber license.

 

          (b)  Pursuant to RSA 329-A:10, a licensed plumbing business shall:

 

(1)  Inform the board within 30 days of the death or withdrawal of any corporate officer, managing member of the limited liability company or partner currently licensed as a master plumber; and

 

(2)  Not act as a master plumber, if the withdrawn or deceased individual was the only individual currently licensed as a master plumber, until another individual licensed as a master plumber takes the position of the withdrawn or deceased individual.

 

Source.  #2733, eff 5-31-84, EXPIRED: 5-31-90 (formerly Plu 302.02)

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8542, eff 1-20-06; ss by #8981, eff 9-20-07

 

PART Plu 304  PLUMBING EXAMINATIONS

 

          Plu 304.01  Examinations Required for Plumbing Licensure.

 

          (a)  The examination to be passed to become licensed as a master plumber shall consist of multiple choice questions on, but not limited to, the following topics:

 

(1)  Drainage;

 

(2)  Venting;

 

(3)  Protection of the potable water supply;

 

(4)  Plumbing code administration as set forth in chapter one of the state plumbing code, including but not limited to, required permits and inspections; and

 

(5)  New Hampshire statutory and regulatory law governing plumbing.

 

          (b)  To pass the master plumber examination the individual taking it shall answer at least 75% of the questions correctly.

 

          (c)  The examination to be passed to become licensed as a journeyman plumber shall consist of multiple choice questions on, but not limited to, the topics listed in (a)(1)- (a)(5) above.

 

          (d)  To pass the journeyman plumber examination the individual taking it shall answer at least 70% of the questions correctly.

 

Source.  #2069, eff 7-1-82; ss by #2733, eff 5-31-84; amd by #4264, eff 6-8-87 (formerly Plu 303.01)

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8542, eff 1-20-06; ss by #8981, eff 9-20-07

 

PART Plu 305  PLUMBING APPRENTICES

 

          Plu 305.01  Obligations of Plumbing Licensees.  Licensed plumbers shall take on as apprentices only those individuals who:

 

          (a)  Work under an apprenticeship program meeting the requirements of the state apprenticeship council; and

 

          (b)  Hold a currently valid apprentice identification card issued by the board.

 

Source.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8542, eff 1-20-06; moved by #8916 (see Plu 308)

 

New.  #8981, eff 9-20-07

 

          Plu 305.02  Initial Apprentice Identification Cards.  The board shall issue apprentice identification cards to those individuals who:

 

          (a)  Complete the board's initial apprentice registration form; and

 

          (b)  Pay the fee specified in Plu 308.02(c).

 

Source.  #8542, eff 1-20-06; moved by #8916 (see Plu 308)

 

New.  #8981, eff 9-20-07

 

          Plu 305.03  Renewed Apprentice Identification Cards.  The board shall issue renewed apprentice identification cards to those individuals who, when their initial apprentice cards expire:

 

          (a)  Continue to work under an apprenticeship program meeting the requirements of the state apprenticeship council;

 

          (b)  Complete the board's renewal apprentice registration form; and

 

          (c)  Pay the fee specified in Plu 308.05(c).

 

Source.  #8981, eff 9-20-07

 

PART Plu 306  ELIGIBILITY FOR INITIAL WATER TREATMENT TECHNICIAN CERTIFICATION

 

          Plu 306.01  Eligibility Requirements for Initial Certification of Individuals as Water Treatment Technicians.

 

          (a)  An individual shall be eligible for initial certification as a water treatment technician if he or she:

 

(1)  Meets one of the experiential requirements in (b) below; and

 

(2)  Is of good character and professional competence, as evidenced by the documents described in (c) below.

 

          (b)  Experiential requirements shall be:

 

(1)  Having

 

a.  Worked as a water treatment technician trainee for at least one year; and

 

b.  Passed the examination described in Plu 306.02; or

 

(2)  Having operated as a water treatment technician for at least one year prior to January 1, 2004.

 

          (c)  Documents evidencing good character and professional competence shall be:

 

(1)  The information supplied on the application form pursuant to Plu 307.03(a)(2);

 

(2)  Any report required by Plu 307.05(b);

 

(3)  Any official letter(s) issued by other jurisdiction(s) submitted pursuant to Plu 307.05(d); and

 

(4)  Alternatively, depending on the basis of the applicant's claim for eligibility:

 

a.  Letters submitted pursuant to Plu 307.05(e) together with the applicant's examination score; or

 

b.  The letter or applicant's statement submitted pursuant to Plu 307.05(f).

 

Source.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8981, eff 9-20-07

 

          Plu 306.02  Water Treatment Technician Examination.

 

          (a)  The examination shall consist of multiple choice questions covering some or all of the following topics as they relate to the installation, repair and maintenance of water treatment systems:

 

(1)  Drainage, venting and waste;

 

(2)  Protection of the potable water supply;

 

(3)  Properly sizing a water supply system;

 

(4)  Plumbing code administration as set forth in chapter I of the state plumbing code, including but not limited to, required permits and inspections; and

 

(5)  Applicable New Hampshire statutory and regulatory law.

 

          (b)  To pass the exam the individual taking it shall answer at least 70% of the questions correctly.

 

Source.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #8981, eff 9-20-07

 

          Plu 306.03  Eligibility Requirements for Initial Certification of Water Treatment Businesses.

 

          (a)  A business shall be eligible for initial water treatment technician certification if the business:

 

(1)  Is a corporation, a limited liability company, partnership or other business entity;

 

(2)  Installs, maintains or repairs water treatment systems; and

 

(3)  Designates one principal of the business entity currently certified as a water treatment technician, or, if no principal of the business entity is so certified, an employee currently certified as a water treatment technician, to be responsible for the compliance of the business with RSA 329-A and the administrative rules of the board.

 

          (b)  The person designated under (a)(3) above shall inform the board of his or her leaving the business within 30 days of doing so.

 

          (c)  If such person leaving the business was the only principal of the business or employee holding a currently valid water treatment certificate, the business shall not represent itself as employing certified water treatment technicians until another person in the business has been certified.

 

Source.  #8981, eff 9-20-07

 

PART Plu 307  APPLICATION PROCEDURE FOR WATER TREATMENT CERTIFICATION

 

          Plu 307.01  Application Process for Individuals Seeking Initial Certification as Water Treatment Technicians.

 

          (a)  Each individual seeking initial certification as a water treatment technician shall do so by submitting the following application packet:

 

(1)  A completed application on the board-provided form described in Plu 307.03;

 

(2)  The additional supporting materials specified by Plu 307.05; and

 

(3)  The initial certification fee specified in Plu 308.02(b).

 

          (b)  If the board, after receiving and reviewing the completed application packet, requires further information or documents to determine the applicant's qualification for certification, the board shall:

 

(1)  So notify the applicant in writing within 60 days; and

 

(2)  Specify the information or documents it requires.

 

          (c)  The board shall deny the application if the applicant does not submit the additional information or documents requested under (b) above within 60 days of the request.

 

          (d)  The board shall approve or deny the application within 120 days of the date that the board’s office has received the completed application packet and any information or documents requested under (b) above.

 

          (e)  If it denies the application, the board shall provide the applicant with written reasons for the denial.

 

          (f)  An applicant wishing to challenge the board's denial of his or her application shall make a written request for a hearing of the challenge and submit it:

 

(1)  Within 60 days of the notice of the denial; or

 

(2)  If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

 

          (g)  The board shall refund the certification fee if:

 

(1)  The applicant withdraws the application; or

 

(2)  The board denies the application.

 

Source.  #8981, eff 9-20-07

 

          Plu 307.02  Application Process for Corporations, Limited Liability Companies, Partnerships and Other Business Entities Seeking Initial Certification.

 

          (a)  Each corporation, limited liability company, partnership or other business entity seeking initial certification as a water treatment business shall do so by submitting the following application packet:

 

(1)  A completed application on the board-provided form described in Plu 307.06;

 

(2)  The additional supporting materials specified by Plu 307.08; and

 

(3)  Any certification fee required by Plu 308.04.

 

          (b)  The board shall not consider a request for initial certification until the completed business application packet described in (a) above has been received by the board’s office.

 

          (c)  If the board, after receiving and reviewing the completed business application packet, requires further information or documents to determine the applicant's qualification for certification, the board shall:

 

(1)  So notify the applicant in writing within 60 days; and

 

(2)  Specify the information or documents it requires.

 

          (d)  The board shall deny the application if the applicant does not submit the additional information or documents requested under (c) above within 60 days of the request.

 

          (e)  The board shall approve or deny the application in writing within 120 days of the date that the board’s office has received the completed application packet and any information or documents requested under (c) above.

 

          (f)  The board shall refund any certification fee paid if:

 

(1)  The business applicant withdraws the application; or

 

(2)  The board denies the application.

 

          (g)  A business applicant wishing to challenge the board's denial of its application shall make a written request for a hearing of the challenge and submit it within 60 days of the notice of the denial.

 

Source.  #8981, eff 9-20-07

 

          Plu 307.03  Application Form to be Used by Individuals Seeking Certification as Water Treatment Technicians.

 

          (a)  The application form shall contain questions:

 

(1)  Designed to allow the board to make eligibility determinations based on the answers to the questions; and

 

(2)  Including the following questions to be answered by checking: yes” and “no” boxes:

 

a.  Whether the applicant was convicted after the age of majority of:

 

1.  A felony;

 

2.  Any criminal offense involving injury to a victim or the risk of such injury; or

 

3.  Any criminal offense involving dishonesty;

 

b.  Whether the applicant has ever been denied a certification or other authorization to practice as a water treatment technician;

 

c.  Whether the applicant has ever been the subject of any disciplinary action by any authority regulating water treatment technicians;

 

d.  Whether the applicant has had his or her certification or other authorization to practice as a water treatment technician suspended or revoked and not thereafter reinstated in any other jurisdiction;

 

e.  Whether the applicant has ever surrendered a license or other authorization to practice as a treatment technician in any jurisdiction in order to avoid or to settle disciplinary charges;

 

f.  Whether the applicant knows that he or she is or will soon be the subject of a disciplinary proceeding, settlement agreement or consent decree undertaken or issued by any authority regulating water treatment technicians; and

 

g.  Whether any claim on the basis of the applicant’s work as a water treatment technician is pending against the applicant in any court.

 

          (b)  On the application form the applicant shall place the date, his or her printed name and his or her signature in the space provided beneath the following preprinted statement:

 

"I acknowledge that, under RSA 641:2, I, knowingly making a false statement on this application form is a misdemeanor. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief. I also certify that I have read RSA 329-A and the rules of the Board and promise that, if I am licensed or certified, I will abide by them."

 

Source.  #8981, eff 9-20-07

 

          Plu 307.04  Effect of Signature.  The effect of the applicant's signature shall be:

 

          (a)  The applicant’s acknowledgement that, under RSA 641:2, I, knowingly making a false statement on the application form is a misdemeanor;

 

          (b)  The applicant’s certification that:

 

(1)  The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

 

(2)  The applicant has read the statutes and administrative rules of the board; and

 

          (c)  The applicant’s promise to abide by RSA 329-A and the rules of the board.

 

Source.  #8981, eff 9-20-07

 

          Plu 307.05  Required Supporting Materials.  Individual applicants for initial certification shall provide, or arrange for the board to receive, the following documents supporting their applications:

 

          (a)  A photograph of the applicant’s face:

 

(1)  Not more than 1 inch or less than ¾ inch wide; and

 

(2)  Taken not more than 6 months before the submission of the application packet;

 

          (b)  On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the questions listed in Plu 307.03(a)(2) are in the affirmative; 

 

          (c)  If the applicant holds a certification or other authorization to practice as a water treatment technician issued by another jurisdiction, a photocopy of such certification or other authorization;

 

          (d)  If the applicant holds a certification or other authorization to practice as a water treatment technician issued by another jurisdiction, and unless the information is available only from a secure internet site operated by the issuing jurisdiction, an official letter sent directly to the board by the issuing jurisdiction, stating:

 

(1)  Whether the certification or other authorization is or was, during its period of validity, in good standing; and

 

(2)  Whether disciplinary action was taken against the certification or other authorization;

 

          (e)  If the applicant seeks certification pursuant to Plu 306.01(b)(1) on the basis of having worked as a water treatment trainee for at least one year and having passed the examination:

 

(1)  One signed and dated letter of reference stating:

 

a.  The circumstances in which the writer knows the applicant; and 

 

b.  The opinion of the writer that the applicant is of good character; and

 

(2)  One signed and dated letter written on personal or business letterhead by each certified water treatment technician who directly supervised the applicant during the period of his or her training, including the following information:

 

a.  The beginning and ending dates of the time period(s) during which the applicant was directly supervised by the writer; and

 

b.  The opinion of the writer regarding the competence of the applicant to work independently as a certified water treatment technician.

 

          (f)  If the applicant seeks certification pursuant to Plu 306.01(b)(2) on the basis of having operated as a water treatment technician for at least one year prior to January 1, 2004:

 

(1)  A letter on business letterhead paper:

 

a.  Signed by a principal in the business(es) for which the applicant worked as a water treatment technician; and

 

b.  Describing by beginning date and ending date the time period during which the applicant worked as a water treatment technician; or

 

(2)  A statement signed by the applicant declaring that for at least one year prior to January 1, 2004 the applicant operated independently as a water treatment technician.

 

Source.  #8981, eff 9-20-07

 

          Plu 307.06  Application Form to be Used by Water Treatment Corporations, Partnerships, Limited Liability Companies and Other Water Treatment Business Entities.

 

          (a)  The business entity application form shall contain questions designed to elicit the following information:

 

(1)  Information enabling the board to determine the eligibility of the business for certification;

 

(2)  Information enabling the board to determine the initial certification fee; and

 

(3)  Information enabling the board to identify and contact by telephone and mail the person designated under Plu 306.03(a)(3) to be responsible for the compliance of the business with RSA 329-A and the administrative rules of the board.

 

          (b)  On the business entity application form the person designated under Plu 306.03(a)(3) to be responsible for the compliance of the business with RSA 329-A and the administrative rules of the board shall place the date, his or her printed name and his or her signature.

 

Source.  #8981, eff 9-20-07

 

          Plu 307.07  Effect of The Signature.  The effect of the signature required by Plu 307.06(b) shall be:

 

          (a)  To make the signer responsible for the compliance of the business entity with RSA 329-A and the administrative rules of the board; and

 

          (b)  If the business entity, once certified, fails in such compliance, to subject both the business entity and the signer to sanction for misconduct.

 

Source.  #8981, eff 9-20-07

 

          Plu 307.08  Required Supporting Materials.  Business applicants for water treatment technician certification shall provide:

 

          (a)  Copies of one or more documents filed with the secretary of state, showing such filing and:

 

(1)  Whether the business is a corporation, a limited liability company, a partnership or another business entity;

 

(2)  Whether the business is in good standing; and

 

(3)  That the business is authorized to install, maintain and repair water treatment systems;

 

          (b)  Copies of one or more business documents showing that the business actually installs, maintains or repairs water treatment systems;

 

          (c)  If the applicant is a business incorporated, formed or located outside of New Hampshire, a photocopy of its certificate of authority to conduct business in New Hampshire; and

 

          (d)  A photocopy of the New Hampshire water treatment technician certificate held by the person who signed the application in accordance with Plu 307.06(b).

 

Source.  #8981, eff 9-20-07

 

PART Plu 308  FEES

 

          Plu 308.01  Payments for Fees; Refunds.

 

          (a)  Checks and money orders in payment of all plumbing board fees shall be made payable to “Treasurer, State of New Hampshire”.

 

          (b)  There shall be no refund of fees paid for licensure, renewal licensure, certification or renewal certification once the licensure or certification has been approved by the board.

 

          (c)  There shall be no refund of fees paid for initial or renewal apprentice identification cards once the apprentice registration with the board has been completed.

 

Source.  #8916, eff 6-22-07 (from Plu 305.01)

 

          Plu 308.02  Fees for Initial Licensure of Individuals as Plumbers, for Initial Certification of Individuals as Water Treatment Technicians, and for Initial Apprentice Identification Cards.

 

          (a)  The fees for initial plumbing licensure of individuals shall be:

 

(1)  For a master plumber license, licensure shown by wall certificate and wallet card, $190; and

 

(2)  For a journeyman plumber license, licensure shown by wall certificate and wallet card, $125.00.

 

          (b)  The fee for initial certification of an individual as a water treatment technician shall be $125.00.

 

          (c)  The fee for an initial apprentice identification card shall be $60.00.

 

Source.  #8916, eff 6-22-07 (from Plu 305.02)

 

          Plu 308.03  Fees for Initial Licensure of Plumbing Businesses.  The initial licensure fees for businesses engaged in plumbing shall be:

 

          (a)  For a plumbing business with one or more licensed master plumbers, licensure shown by wall certificate and wallet card, $190.00; and

 

          (b)  For a plumbing corporation with a licensed master plumber as its sole shareholder, licensure shown by wall certificate and wallet card, no fee.

 

Source.  #8916, eff 6-22-07

 

          Plu 308.04  Fees for Initial Certification of Water Treatment Businesses.  The fees for initial certification of businesses engaged in water treatment shall be:

 

          (a)  For a water treatment business with one or more certified water treatment technicians, certification shown by wall certificate and wallet card, $125.00; and

 

          (b)  For a water treatment business with a certified water treatment technician as its sole owner, licensure shown by wall certificate and wallet card, no fee.

 

Source.  #8916, eff 6-22-07

 

          Plu 308.05  Fees for the Annual Renewal of Individual Plumbing Licenses, the Annual Renewal of Individual Water Treatment Technician Certifications, and for the Annual Renewal of Apprentice Identification Cards.

 

          (a)  The fees for the annual renewal of individual plumbing licenses shall be:

 

(1)  For renewal of a master plumber license, $165; and

 

(2)  For renewal of a journeyman plumber license, $100.00.

 

          (b)  The fee for the annual renewal of certification of an individual as a water treatment technician shall be $100.00.

 

          (c)  The fee for the annual renewal of an apprentice identification card shall be $40.00.

 

Source.  #8916, eff 6-22-07

 

          Plu 308.06  Fees for the Annual Renewal of Licensure of Plumbing Businesses and the Annual Renewal of Certification of Water Treatment Businesses.  The annual renewal fees for business licenses and business certifications shall be the same as the fees for initial licensure and for initial certification set forth in Plu 308.03 and Plu 308.04, respectively.

 

Source.  #8916, eff 6-22-07

 

          Plu 308.07  Late Fees.  The board shall charge a late fee of $25.00 per month or part of a month when it receives an application for renewal of a license or certification after the expiration date of the license or certification and before the one-year anniversary of the expiration date.

 

Source.  #8916, eff 6-22-07

 

          Plu 308.08  Fees for Plumbing Inspections.

 

          (a)  The board shall charge a fee calculated in accordance with Plu 308.09 for a plumbing inspection made by a board-appointed inspector:

 

(1)  On the request of:

 

a.  The owner of the property where the plumbing work to be inspected is located;

 

b.  The local code enforcement authority with jurisdiction over the plumbing work to be inspected, when the board-appointed inspector performs the inspections at the request of the local code enforcement authority;

 

c.  The plumber or plumbing business performing the plumbing work to be inspected; or

 

d.  The builder or general contractor who by contract is responsible for the work of the plumber or plumbing business performing the plumbing work to be inspected; or

 

(2)  When the board-appointed inspector does so in accordance with the code-enforcement authority given to the board by RSA 329-A:16, I.

 

          (b)  The board shall not charge a fee when the board-appointed inspector merely assists, or provides consultation to, the local code enforcement authority performing a plumbing inspection.

 

          (c)  Inspection fees shall be paid in full before the inspection.

 

Source.  #8916, eff 6-22-07; ss by #9271, eff 9-18-08

 

          Plu 308.09  Calculation of Inspection Fees; Re-Inspection Fees.

 

          (a)  The inspection fee shall be calculated on the basis of the total contracted cost of repairing or installing the plumbing to be inspected, including the cost of the equipment installed or being installed, whether or not such equipment is provided by the plumber doing the work.

 

          (b)  The fee shall be calculated by using the steps in (c) below, provided that it shall not be less than $75.00.

 

          (c)  The steps of the calculation shall be:

 

(1)  The first $0.01 to $100,000.00 of the total contracted cost shall be multiplied by 1.2%;

 

(2)  The next $100,000.01 to $300,000.00 of the total contracted cost shall be multiplied by 0.5%, with the resultant number added to the sum calculated in accordance with (c)(1); and

 

(3)  The next $300,000.01 and higher of the total contracted cost shall be multiplied by 0.3%, with the resultant number added to the sums calculated in accordance with (c)(1) and (c)(2).

 

          (d)  The fee for a re-inspection shall be 10% of the fee calculated in accordance with (c) above, provided that the fee shall not be less than $100.00 and more than $500.00.

 

Source.  #8916, eff 6-22-07

 

          Plu 308.10  Fees for Other Services.  Fees for other services shall be:

 

          (a)  For an authenticated copy of a statement of good standing of an individual or business licensed or certified by the board, $25.00;

 

          (b)  For a copy on paper of the current list of licensees and certificate holders, including their names and addresses, $25.00;

 

          (c)  For a replacement wall certificate, $25.00;

 

          (d)  For a replacement wallet card, $25.00;

 

          (e)  For a board-sponsored seminar, per person, $50.00; and

 

          (f)  For a board-sponsored workshop, per person, $50.00.

 

Source.  #8916, eff 6-22-07

 

CHAPTER Plu 400  CONTINUED STATUS

 

          Plu 401.01  Definitions.  The following terms shall have the following meanings:

 

          (a)  "International Code Council (ICC)" means a membership association of governments, businesses and individuals dedicated to building safety and fire prevention which develops the codes used to construct residential and commercial buildings which are used by most code-adopting cities, counties and states.

 

          (b)  "Journeyman plumber" means "journeyman plumber" as defined in RSA 329-A:2, II, namely, "any person who customarily performs the work of installing plumbing and drainage under the direction of a master plumber."

 

          (c)  "Master plumber" means "master plumber" as defined in RSA 329-A:2, I, namely "any person, firm, corporation, or limited liability company that, as a business, hires or employs a person or persons to do plumbing work, or, without hiring any person, does that work as a principal business or as auxiliary to a principal business for his or its own account."

 

          (d)  "State plumbing code" means that part of the state building code, as defined in RSA 155-A:1, IV, which regulates plumbing, as modified by the state building code review board within the limits established by RSA 155-A:10, V.

 

Source.  #2733, eff 5-31-84; amd by #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #9608, eff 12-2-09

 

PART Plu 402  RENEWAL OF INDIVIDUAL PLUMBING LICENSES

 

          Plu 402.01  Expiration of  Individual Plumbing Licenses.

 

          (a)  Pursuant to RSA 329-A:11, I, individual master plumber licenses and journeyman plumber licenses shall expire annually on the last day of the month of the licensee's birth.

 

          (b)  Individuals whose plumbing licenses have not been renewed by the board before their expiration date:

 

(1)  Shall not practice plumbing until their licenses have been renewed or reinstated; and

 

(2)  Shall be subject to the provisions of RSA 329-A:18, II if they practice plumbing without a currently valid license.

 

Source.  #2069, eff 7-1-82; ss by #2733, eff 5-31-84, EXPIRED: 5-31-90

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #9608, eff 12-2-09

 

          Plu 402.02  Eligibility for Renewal of Individual Plumbing Licenses. Individual plumbers shall be eligible for renewal of their plumbing licenses if they:

 

          (a)  Are of good character, as evidenced by:

 

(1)  Their answers to questions on the licensure renewal application form; and

 

(2)  Any additional information provided on the request of the board;

 

          (b)  Have met the requirement for continuing education set forth in Plu 403;

 

          (c)  Have complied with the application procedures set forth in Plu 402.03;

 

          (d)  Have paid the renewal fee for the type of license being renewed as set forth in Plu 308.05(a); and

 

          (e)  If applicable, have paid any late renewal fees due under Plu 402.03(d).

 

Source.  #9608, eff 12-2-09

 

          Plu 402.03  Application Procedures for Renewal of Individual Plumbing Licenses.

 

          (a)  An individual seeking renewal of a license to practice as a master or journeyman plumber shall do so by submitting the completed, signed and dated renewal application form:

 

(1)  Provided by the board; and

 

(2)  Containing the following pre-printed statement:

 

          "I acknowledge that, under RSA 641:2, I, knowingly making a false statement on this application form is a misdemeanor. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief. I also certify that I have read RSA 329-A and the rules of the Board and promise that, if I am licensed or certified, I will abide by them."

 

          (b)  The effect of the applicant's signature on the renewal application form shall be:

 

(1)  The applicant’s acknowledgement that, under RSA 641:2, I, knowingly making a false statement on the application form is a misdemeanor;

 

(2)  The applicant’s certification that:

 

a.  The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

 

b.  The applicant has read the statutes and administrative rules of the board; and

 

(3)  The applicant’s promise to abide by RSA 329-A and the rules of the board.

 

          (c)  To make a timely renewal application and avoid late renewal fees, the applicant shall submit the completed, signed and dated renewal application form by the last day of the month of the applicant's birth but in any event no later than one year after the issuance of the license being renewed;

 

          (d)  To make a late renewal application, the applicant shall:

 

(1)  Submit the completed, signed and dated renewal application form by the last day of the month of the applicant's birth but in any event no later than 2 years after the issuance of the license being renewed; and

 

(2)  Pay the late renewal fees called for by Plu 308.07.

 

          (e)  An individual who wishes to be re-licensed to practice plumbing but fails to submit the completed, signed and dated renewal application form within the timelines set out in (c) and (d) above shall apply for reinstatement of licensure in accordance with Plu 404.

 

Source.  #9608, eff 12-2-09

 

          Plu 402.04  Board's Processing of Applications for Renewal of Individual Plumbing Licenses.

 

          (a)  If the board, after receiving and reviewing a completed, signed and dated renewal application form, requires further information or documents to determine the applicant's qualification for renewal of licensure, the board shall:

 

(1)  So notify the applicant in writing within 30 days; and

 

(2)  Specify the additional information or documents it requires.

 

          (b)  The board shall deny the renewal application if the applicant does not submit the additional information or documents requested within 30 days of its request.

 

          (c)  The board shall approve or deny the renewal application within 120 days of the date that the board’s office has received the completed, signed and dated application form and any additional information or documents requested.

 

          (d)  If the board denies the renewal application, the board shall provide the renewal applicant with written reasons for the denial.

 

          (e)  A renewal applicant wishing to challenge the board's denial shall:

 

(1)  Make a written request for a hearing of the challenge; and

 

(2)  Make it:

 

a.  Within 60 days of the notice of the denial; or

 

b.  If the applicant is on active military duty outside the United States, within 60 days of his or her return to the United States or release from duty, whichever occurs later.

 

Source.  #9608, eff 12-2-09

 

PART Plu 403  REQUIRED CONTINUING EDUCATION

 

          Plu 403.01  Obligation to Complete Continuing Education.

 

          (a)  To be eligible for licensure renewal, each individual plumbing licensee shall complete no fewer than 3 hours of continuing education per year given by:

 

(1)  A seminar teacher described in Plu 403.02 teaching a continuing education seminar described in Plu 403.03; or

 

(2)  If the licensee is himself or herself a seminar teacher, a trainer providing training for seminar teachers.

 

          (b)  The licensee shall complete the education required by (a) above once during his or her renewal cycle.

 

Source.  #2069, eff 7-1-82; ss by #2733, eff 5-31-84; amd by #4264, eff 6-8-87; ss and moved by #5213, eff 8-28-91, EXPIRED: 8-28-97 (from Plu 404.01)

 

New.  #9608, eff 12-2-09

 

          Plu 403.02  Seminar Teachers.

 

          (a)  Teachers of continuing education seminars shall be individuals who:

 

(1)  Have held a New Hampshire master plumber license for at least 2 consecutive years or a New Hampshire journeyman plumber license for at least 5 consecutive years;

 

(2)  Do not perform plumbing inspections on behalf of the board; and

 

(3)  Have received, during the calendar year in which he or she is teaching, no fewer than 3 hours of training:

 

a.  On the use of the ICC-produced materials on the New Hampshire plumbing code; and

 

b.  Given by a master plumber employed by, or contracted with, the board to provide such training.

 

          (b)  A master plumber who, as an employee of or contractor to the board, provides training for seminar teachers shall be credited by the board with having met his or her continuing education obligation.

 

          (c)  Seminar teachers shall be credited by the board with having met their continuing education obligation by:

 

(1)  Paying the fee stated in Plu 308.10(e); and

 

(2)  Attending the training for seminar teachers.

 

Source.  #2733, eff 5-31-84, EXPIRED: 5-31-90 (from Plu 404.02)

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #9608, eff 12-2-09

 

          Plu 403.03  Seminars.

 

          (a)  Continuing education seminars shall be:

 

(1)  No fewer than 3 hours in duration, of which:

 

a.  The time devoted to the New Hampshire plumbing code shall be:

 

1.  At least 2 hours if the code was revised during the 2 years just preceding the seminar; or

 

2.  At least 1 1/2 hours if the code was not revised during the preceding 2 years; and

 

b.  Some time shall be devoted to answering students' questions;

 

(2)  Based on ICC-produced written materials on the New Hampshire plumbing code; and

 

(3)  In accordance with the required training received during the same calendar year by the teacher of the seminar.

 

          (b)  If the ICC-produced materials include handouts, a seminar teacher shall provide copies of the handouts to the seminar students.

 

          (c)  A teacher shall require that each student display to the teacher his or her plumbing license and one of the following documents of identification showing the same name that is on the plumbing license:

 

(1)  United States passport;

 

(2)  A currently valid driver license; or

 

(3)  A currently valid non-driver identification card.

 

          (d)  Promptly after each seminar the teacher of the seminar shall submit to the board a written statement showing:

 

(1)  The date of the seminar; and

 

(2)  A list of the students attending the seminar.

 

Source.  #2733, eff 5-31-84, EXPIRED: 5-31-90 (from Plu 404.03)

 

New.  #5213, eff 8-28-91, EXPIRED: 8-28-97

 

New.  #9608, eff 12-2-09

 

PART Plu 404  REINSTATEMENT OF INDIVIDUAL PLUMBING LICENSES

 

          Plu 404.01  Types of Reinstatement of Individual Plumbing Licenses.  The board shall reinstate individual plumbing licenses:

 

          (a)  In accordance with the terms of the board's order if the licenses were suspended for disciplinary reasons; and

 

          (b)  In accordance with Plu 404.02 if the licenses lapsed as a result of non-renewal.

 

Source.  #9044, eff 12-5-07; ss by #9608, eff 12-2-09

 

          Plu 404.02  Eligibility for Reinstatement of Lapsed Individual Plumbing Licenses.  An individual shall be eligible for reinstatement of his or her lapsed journeyman or master plumber license if the individual:

 

          (a)  Retakes and passes the examination described in Plu 304.01(a) or Plu 304.01(b), whichever is applicable;

 

          (b)  Is of good character and professional competence, as evidenced by:

 

(1)  The answers to the questions on the reinstatement application form;

 

(2)  Any written explanations submitted pursuant to Plu 404.05(c); and

 

(3)  Any additional information provided on the request of the board;

 

          (c)  Complies with the reinstatement application procedures set forth in Plu 404.03; and

 

          (d)  Pays the following fees:

 

(1)  The applicable renewal fee set forth in Plu 308.05(a); and

 

(2)  The total of any late renewal fees accrued by the last day of the month of the individual's birth one year after the expiration date identified in Plu 402.01(a).

 

Source.  #9044, eff 12-5-07; ss by #9608, eff 12-2-09

 

                  Plu 404.03  Application Process for Reinstatement of Individual Plumbing Licenses and the Board's Processing of Applications.

 

          (a)  Each individual applying for reinstatement of licensure shall submit:

 

(1)  The completed, signed and dated reinstatement application form described in Plu 404.04;

 

(2)  The supporting materials described in Plu 404.05; and

 

(3)  Payment of the fees stated in Plu 404.02(d).

 

          (b)  If the board, after receiving and reviewing the application materials described in (a) above requires additional information or documents to determine the applicant's eligibility for reinstatement of licensure, the board shall:

 

(1)  So notify the reinstatement applicant in writing within 60 days; and

 

(2)  Specify the information or documents it requires.

 

          (c)  The board shall deny the application for reinstatement of licensure if the applicant does not submit the requested additional information or documents within 60 days of the request.

 

          (d)  The board shall approve or deny the application for reinstatement of licensure within 120 days of the date that the board’s office has received the completed, signed and dated application form, the supporting materials, the payment for fees and any information or documents requested under (b) above.

 

          (e)  If the board denies the application for reinstatement of licensure, the board shall provide the applicant with written reasons for the denial.

 

          (f)  An applicant for reinstatement of licensure wishing to challenge the board's denial of the application shall make a written request for a hearing of the challenge and submit it:

 

(1)  Within 60 days of the notice of the denial; or

 

(2)  If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

 

Source.  #9044, eff 12-5-07; ss by #9608, eff 12-2-09

 

          Plu 404.04  Reinstatement Application Form.  The reinstatement application form shall require the applicant to furnish the information which an applicant for initial licensure is required to provide on the initial licensure application form described in Plu 302.03 except for answers to the questions described in Plu 302.03(d)(7), Plu 302.03(d)(8) and Plu 302.03(d)(10).

 

Source.  #9044, eff 12-5-07; ss by #9608, eff 12-2-07

 

          Plu 404.05  Supporting Materials.  An applicant for reinstatement of licensure shall provide, or arrange for the board to receive, the following documents supporting the application:

 

          (a)  A photograph of the applicant’s face:

 

(1)  Not more than 1 inch or less than ¾ inch wide; and

 

(2)  Taken not more than 6 months before the submission of the application;

 

          (b)  If the applicant holds a currently valid license issued by another jurisdiction, a photocopy of such license;

 

          (c)  On a separate sheet, a detailed report of the relevant circumstances if the applicant answered any of the questions followed by "yes" and "no" boxes by checking the "yes" box;

 

          (d)  Unless the information is available only on a secure internet site operated by the regulatory agency, an official letter sent directly to the board by each regulatory agency which has issued to a license or other authorization to practice plumbing:

 

(1)  Stating whether the license or authorization is, or was during its period of validity, in good standing; and

 

(2)  Stating whether disciplinary action was taken against the license or authorization; and

 

          (e)  The applicant's examination score.

 

Source.  #9608, eff 12-2-09

 

          Plu 404.06  Effect of Signature.  The effect of the reinstatement applicant's signature on part one of the reinstatement application form shall be:

 

          (a)  The applicant’s acknowledgement that, under RSA 641:2, I, knowingly making a false statement on the application form is a misdemeanor;

 

          (b)  The applicant’s certification that:

 

(1)  The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

 

(2)  The applicant has read the statutes and administrative rules of the board; and

 

          (c)  The applicant’s promise to abide by RSA 329-A and the rules of the board.

 

Source.  #9608, eff 12-2-09

 

PART Plu 405  RENEWAL OF PLUMBING LICENSES FOR BUSINESS ENTITIES

 

          Plu 405.01  Expiration of  Business Entity Plumbing Licenses.

 

          (a)  Pursuant to RSA 329-A:11, II, business entity plumber licenses shall expire annually on the last day of January of each year.

 

          (b)  Business entities which have not had their licenses renewed by the board before the expiration date of the license being renewed:

 

(1)  Shall not engage in plumbing until their licenses have been renewed; and

 

(2)  Shall be subject to the provisions of RSA 329-A:18, II if they engage in plumbing without a currently valid license.

 

Source.  #9608, eff 12-2-09

 

          Plu 405.02  Eligibility for Renewal of Business Entity Plumbing Licenses.

 

          A business entity shall be eligible for renewal of its plumbing license unless:

 

          (a)  The license is under suspension by the board, in which case it shall not be eligible until the suspension has ended;

 

          (b)  Its license to engage in plumbing has been revoked in New Hampshire or in another jurisdiction;

 

          (c)  The business entity has been convicted of a felony;

 

          (d)  The business entity has been the subject of a civil court judgment:

 

(1)  In the amount of $3000.00 or more, excluding interest; and

 

(2)  Based at least in part on liability for injury to, or death of, a person;

 

          (e)  The business entity has been the subject of 3 or more civil court judgments, each in the amount of  $5000.00 or more, excluding interest;

 

          (f)  The business entity does not have a sole proprietor, corporate officer, managing member or partner, as applicable, who:

 

(1)  Is a master plumber currently licensed in New Hampshire; and

 

(2)  Accepts responsibility for the business entity's performing plumbing work in accordance with the state plumbing code or any more stringent local code; or

 

          (g)  The business entity has not:

 

(1)  Complied with the application procedures set forth in Plu 405.03;

 

(2)  Paid the renewal fee set forth in Plu 308.06 for the type of license being renewed; and

 

(3)  Paid any applicable late renewal fees specified by Plu 308.07.

 

Source.  #9608, eff 12-2-09

 

          Plu 405.03  Procedures for Renewal of Business Entity Plumbing Licenses.

 

          (a)  Business entities seeking renewal of their licenses to engage in plumbing shall do so by submitting the fee payment and the completed, signed and dated renewal application form described in (b) below:

 

(1)  On a timely renewal basis, by the last day of January each year; or

 

(2)  On a late renewal basis, by the last day of January of the following year.

 

          (b)  The renewal application form shall:

 

(1)  Be provided by the board;

 

(2)  Contain the following pre-printed statement:

 

"I acknowledge that, under RSA 641:2, I, knowingly making a false statement on this application form is a misdemeanor. I certify that the information I have provided on the application form is complete and accurate to the best of my knowledge and belief.";

 

(3)  Require the provision of the following information:

 

a.  Identification of the business;

 

b.  Identification of the individual who meets the requirements of Plu 405.02(c);

 

c.  A list of all employees of the business entity who perform plumbing work;

 

d.  A detailed account of the circumstances relating to any court judgments against the business entity; and

 

e.  A detailed account of the circumstances relating to any criminal conviction of the business entity; and

 

(4)  Be dated and signed by the sole proprietor, corporate officer, managing member of the limited liability company or partner, as applicable, who meets the requirements of 405.02(c).

 

          (c)  Business entities that wish to be re-licensed to engage in plumbing but fail to submit a completed, signed and dated renewal application form within the timelines set out in (a) above shall apply for reinstatement of licensure in accordance with Plu 406.

 

Source.  #9608, eff 12-2-09

 

          Plu 405.04  The Effect of the Signature on the Application Form for the Renewal of Business Entity Plumbing Licenses.  The effect of the signature required by Plu 405.03(b)(4) shall be:

 

          (a)  The signer's acknowledgement that, under RSA 641:2, I, knowingly making a false statement on the application form is a misdemeanor; and

 

          (b)  The signer's certification that the information provided on the renewal application form is complete and accurate to the best of the signer's knowledge and belief.

 

Source.  #9608, eff 12-2-09

 

          Plu 405.05  Board's Processing of Applications for Renewal of Business Entity Plumbing Licenses.

 

          (a)  If, after receiving and reviewing the completed, signed and dated renewal application form submitted by a business entity, the board requires further information or documents to determine the applicant's qualification for renewal of licensure, the board shall:

 

(1)  So notify the applicant in writing within 30 days; and

 

(2)  Specify the additional information or documents it requires.

 

          (b)  The board shall deny the renewal application if the applicant does not submit the additional information or documents requested within 30 days of its request.

 

          (c)  The board shall approve or deny the renewal application within 120 days of the date that the board’s office has received the completed, signed and dated application form and any additional information or documents it has requested.

 

          (d)  If the board denies the renewal application, the board shall provide the renewal applicant with written reasons for the denial.

 

          (e)  A renewal applicant wishing to challenge the board's denial shall make a written request for a hearing:

 

(1)  Within 60 days of the notice of the denial; or

 

(2)  If the only member of the business who meets the requirements of Plu 405.02(c) is on active military duty outside the United States, within 60 days of his or her return to the United States or release from duty, whichever occurs later.

 

Source.  #9608, eff 12-2-09

 

PART Plu 406  REINSTATEMENT OF PLUMBING LICENSES FOR BUSINESS ENTITIES

 

          Plu 406.01  Types of Reinstatement of Plumbing Licenses for Business Entities.  The board shall reinstate plumbing licenses for business entities:

 

          (a) In accordance with the terms of the board's order if the licenses were suspended for disciplinary reasons; and

 

          (b)  In accordance with Plu 406.02 if the licenses lapsed as a result of non-renewal.

 

Source.  #9608, eff 12-2-09

 

          Plu 406.02  Eligibility for Reinstatement of Lapsed Plumbing Licenses for Business Entities.  A business entity shall be eligible for reinstatement of its lapsed plumbing license if:

 

          (a)  The board has not revoked the license;

 

          (b)  The license is not under suspension by the board;

 

          (c)  No other jurisdiction has revoked a license to engage in plumbing which it had issued to the business entity;

 

          (d)   The business entity has not been convicted of a felony;

 

          (e)  The business entity has not been the subject of a civil court judgment:

 

(1)  In the amount of $3000.00 or more, excluding interest; and

 

(2)  Based at least in part on liability for injury to, or death of, a person;

 

          (f)  The business entity has not been the subject of 3 or more civil court judgments, each in the amount of $5000.00 or more, excluding interest;

 

          (g)  The business entity has a sole proprietor, corporate officer, managing member or partner, as applicable, who:

 

(1)  Is a master plumber currently licensed in New Hampshire; and

 

(2)  Accepts responsibility for the business entity's performing plumbing work in accordance with the state plumbing code or any more stringent local code;

 

          (h)  The business entity has complied with the reinstatement application procedures set forth in Plu 406.03; and

 

          (i)  The business entity pays the following fees:

 

(1)  The renewal fee for the type of license being renewed as set forth in Plu 308.06; and

 

(2)  The total of any late renewal fees accrued by the last day of January one year after the original expiration date of the license.

 

Source.  #9608, eff 12-2-09

 

          Plu 406.03  Application Process for Reinstatement of Lapsed Plumbing Licenses for Business Entities.

 

          (a)  Each corporation, limited liability company or partnership seeking reinstatement of a lapsed license to practice plumbing shall do so by submitting the following application packet:

 

(1)  A business application form provided by the board that meets the requirements of Plu 302.06;

 

(2)  The additional supporting materials specified by Plu 302.08; and

 

(3)  The fees specified by Plu 406.02(f).

 

          (b)  The board shall not consider a request for reinstatement of licensure until the completed reinstatement application packet described in (a) above has been received by the board’s office.

 

          (c)  If the board, after receiving and reviewing the completed reinstatement application packet, requires further information or documents to determine the applicant's qualification for reinstatement of licensure, the board shall:

 

(1)  So notify the applicant in writing within 60 days; and

 

(2)  Specify the information or documents it requires.

 

          (d)  The board shall deny the reinstatement application if the applicant does not submit the additional information or documents requested under (c) above within 60 days of the request.

 

          (e)  The board shall approve or deny the reinstatement application in writing within 120 days of the date that the board’s office has received the completed reinstatement application packet and any information or documents requested under (c) above.

 

          (f)  A business applicant wishing to challenge the board's denial of its reinstatement application shall make a written request for a hearing of the challenge and submit it within 60 days of the notice of the denial.

 

Source.  #9608, eff 12-2-09

 

PART Plu 407  REVOCATION, SUSPENSION AND OTHER SANCTIONS

 

          Plu  407.01  Misconduct.  Misconduct shall be:

 

          (a)  The practice of fraud or deceit in procuring or attempting to procure a license or certificate;

 

          (b)  Conviction while licensed or certified of:

 

(1)  A felony;

 

(2)  Any criminal offense involving injury to a victim or the risk of such injury; or

 

(3)  Any criminal offense involving dishonesty;

 

          (c)  Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, plumbing or water treatment, including:

 

(1)  Any violation of Plu 500;

 

(2)  Any violation of the state building code set forth in RSA 155-A:1, IV;

 

(3)  Any violation of a local code more stringent than the state building code;

 

(4)  The allowance by a plumbing licensee of the performance of plumbing work by an individual who is neither a licensed plumber nor an apprentice holding a currently valid identification card; and

 

(5)  The allowance by a plumbing licensee of the performance of plumbing work by an apprentice in violation of the apprenticeship agreement required by RSA 278 and its implementing rules;

 

          (d)  Negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee or certificate holder;

 

          (e)  Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice plumbing or water treatment;

 

          (f)  Mental or physical incompetence to practice plumbing or water treatment;

 

          (g)  Willful or repeated violation of RSA 329-A; and

 

          (h)  Suspension or revocation without reinstatement of a license or certification similar to one issued under RSA 329-A in another jurisdiction.

 

Source.  #9607, eff 12-2-09 (formerly Plu 404.01)

 

          Plu 407.02  Sanctions.  Pursuant to RSA 329-A:12, III, disciplinary measures available to sanction misconduct shall be:

 

          (a)  A reprimand in the form of a non-public letter sent to the licensee or certificate holder;

 

          (b)  Suspension, limitation or restriction of license for a period of up to 5 years;

 

          (c)  Revocation of license or certification; and

 

          (d)  Requiring the licensed plumber or certified water treatment technician to participate in a program of continuing education in the area or areas in which he or she has been found deficient.

 

Source.  #9607, eff 12-2-09 (formerly Plu 404.02)

 

          Plu 407.03  Procedure for the Imposition of Sanctions.  Other than the immediate suspension of licensure authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

 

          (a)  After prior notice to the licensee or certificate holder and the opportunity for him or her to be heard; or

 

          (b)  By agreement in a settlement between the board and the licensee or certificate holder made pursuant to Plu 213.

 

Source.  #9607, eff 12-2-09 (formerly Plu 404.03)

 

          Plu 407.04  Determinations of Sanctions.

 

          (a)  In determining which sanction or combination of sanctions to impose, the board shall:

 

(1)  First determine the nature of the act or omission constituting the misconduct done by the licensee or certificate holder;

 

(2)  Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and

 

(3)  Finally, apply the standards in (c) below.

 

          (b)  The characteristics shall be:

 

(1)  The misconduct actually caused physical or mental harm to an individual;

 

(2)  The misconduct had the potential to cause physical or mental harm to an individual;

 

(3)  The misconduct replicated earlier misconduct done by the licensee or certificate holder, as determined by:

 

a.  An earlier hearing;

 

b.  An earlier settlement agreement predicated on the same misconduct; or

 

c.  An admission by the licensee or certificate holder;

 

(4)  The misconduct was not the first misconduct by the licensee or certificate holder, as determined by:

 

a.  An earlier hearing;

 

b.  An earlier settlement agreement predicated on misconduct by the licensee or certificate holder; or

 

c.  An admission by the licensee or certificate holder; and

 

(5)  The misconduct was intentional rather than the result of negligence or inadvertence.

 

          (c)  The board shall select appropriate sanction(s):

 

(1)  From the list in Plu 407.02; and

 

(2)  By choosing, in light of the characteristics determined pursuant to (b) above, the sanction most likely to:

 

a.  Protect public health and safety;

 

b.  Prevent future misconduct by the licensee or certificate holder;

 

c.  Take into account any acknowledgement of fault and any cooperation by the licensee or certificate holder with the board's investigation of misconduct; 

 

d.  Correct any attitudinal, educational or other deficiencies which led to the misconduct;

 

e.  Encourage the responsible practice of plumbing or water treatment; and

 

f.  Demonstrate to the licensee or to the certificate holder and also to the public the board's intention to insure that the practices of plumbing and water treatment are in accordance with applicable law and the public welfare.

 

Source.  #9607, eff 12-2-09 (formerly Plu 404.04)

 

PART Plu 408  ONGOING REQUIREMENTS FOR PLUMBING LICENSEES AND PLUMBING APPRENTICES

 

          Plu 408.01  Administrative Obligations.

 

          (a)  Apprentices and licensees, whether individuals or business entities, shall notify the board's office of a change of name, address or telephone number within 30 days of the date of the change.

 

          (b)  Licensed plumbing businesses shall complete and submit a new initial licensure application whenever the master plumber corporate officer, limited liability company managing member or partner who signed the business entity's application for initial licensure is replaced by another individual.

 

          (c)  Whenever individual or plumbing business licensees begin a plumbing job in a location where there is no local code enforcement authority, they shall report by fax, e-mail or letter to the board's office:

 

(1)  The name of the licensee beginning the job;

 

(2)  The address of the job site; and

 

(3)  Whether the job is remodeling, rehabilitation or new construction.

 

Source.  #9608, eff 12-2-09

 

          Plu 408.02  Limitation on Number of Apprentices.  Except as approved by the apprenticeship council, plumbing licensees shall employ at any one time no more than the following number of apprentices:

 

          (a)  One apprentice per licensee if there are between one and 5 licensees; and

 

          (b)  If there are more than 5 licensees, one additional apprentice for each 3 additional licensees.

 

Source.  #9608, eff 12-2-09

 

          Plu 408.03  Advertising on Vehicles.

 

          (a)  An individual master plumber displaying his or her name on the exterior of a vehicle shall also display his or her master plumber license number:

 

(1)  In legible type at least 3 inches in height; and

 

(2)  On all the parts of the vehicle where the name is displayed.

 

          (b)  A licensed plumbing business displaying on the exterior of a vehicle the name of the business or the fact that it is a plumbing business shall also display the license number issued by the board:

 

(1)  In legible type at least 3 inches in height; and

 

(2)  On all the parts of the vehicle where the name is displayed.

 

Source.  #9608, eff 12-2-09

 

          Plu 408.04  Non-vehicle Advertising.

 

          (a)  Business and individual licensees using visual advertising to advertise plumbing services shall display their plumbing license numbers in type at least one third the size of the type used to display their names on televised advertising, billboards, advertising in the press, visual advertising on the web, visual advertising in movie theatres and advertising on business cards and stationery.

 

          (b)  Business and individual licensees advertising plumbing services through the use of sound shall give their plumbing license numbers at least once in every instance of radio advertising, auditory television advertising, auditory advertising on the web and auditory advertising in movie theatres.

 

Source.  #9608, eff 12-2-09

 

CHAPTER Plu 500  CODE OF ETHICS

 

PART Plu 501  PURPOSE

 

          Plu 501.01  Purpose.  The purposes of these rules are:

 

          (a)  To promote ethical behavior by plumbing licensees and holders of water treatment technician certificates; and

 

          (b)  To establish professional standards against which the conduct of plumbers and water treatment technicians can be evaluated under Plu 404.01(c).

 

Source.  #9142, eff 4-25-08

 

PART Plu 502  DEFINITIONS

 

          Plu 502.01  “Plumbing system” means all piping, fixtures, fixed appliances and appurtenances, and connections required for the following:

 

          (a)  Sanitary drainage and storm drainage of a building to a minimum of 30 inches beyond the foundation wall or the building’s outside dimension;

 

          (b)  Special wastes systems;

 

          (c)  Venting systems; and

 

          (d)  Water distribution systems including backflow prevention devices and any necessary interconnections of piping between buildings or structures.

 

Source.  #9142, eff 4-25-08

 

PART Plu 503  ETHICAL OBLIGATIONS

 

          Plu 503.01  Obligations of Plumbing Licensees and Holders of Water Treatment Technician Certificates.  Licensees and certificate holders shall:

 

          (a)  Always keep themselves informed about the state plumbing code and the administrative rules of the board;

 

          (b)  Obtain local permits and inspections as required;

 

          (c)  Cooperate with local code enforcement personnel;

 

          (d)  Give accurate and complete information when asked to do so as part of an investigation or hearing by any governmental entity; and

 

          (e)  Inform their customers or potential customers accurately about any reasonably foreseeable need for future services.

 

Source.  #9142, eff 4-25-08

 

PART  Plu 504 PROHIBITED ACTIONS

 

          Plu 504.01  Prohibited Actions of Plumbing Licensees and Holders of Water Treatment Technician Certificates.  Licensees and certificate holders shall not:

 

          (a)  Deny services to any person by reason of race, creed, gender, sexual orientation, country of origin, religion or disability;

 

          (b)  Allow any other individual or entity to use the licensee’s license or the certificate-holder’s certificate for the purpose of facilitating the issuance of permits or for any other purpose;

 

          (c)  If they are plumbing licensees, sub-contract any plumbing work to any unlicensed individual or entity;

 

          (d)  Misrepresent to their customers or to the public, in advertising or otherwise:

 

(1)  Their services;

 

(2)  Materials required to be used in delivering their services; or

 

(3)  The charges for services or materials;

 

          (e)  Misrepresent to their customers or potential customers the safety, viability or compliance with the state plumbing code of the customers' plumbing systems; or

 

          (f)  Attempt to induce their customers to purchase services or materials not reasonably required for the work the customers have requested to be done.

 

Source.  #9142, eff 4-25-08

 

APPENDIX

 

Rule

Statute

 

 

Plu 101

RSA 541-A:7

Plu 102

RSA 541-A:7

Plu 103.01

RSA 329-A:3, I

Plu 103.02(a)-(c)

RSA 541-A:16, I(a)

Plu 103.02(d)

RSA 329-A:5

Plu 103.02(e)

RSA 541-A:16, I(a)

Plu 103.02(f)

RSA 91-A:2

Plu 103.03(a)

RSA 91-A:2, II

Plu 103.03(b)

RSA 541-A:16, I(a)

Plu 103.03(c)

RSA 91-A:2, II and RSA 91-A:4

Plu 103.04(a)

RSA 329-A:8, RSA 329-A:9, RSA 329-A:10 and RSA 329-A:11, III

Plu 103.04(b)

RSA 329-A:9-a

Plu 103.04(c)

RSA 329-A:9-b

Plu 103.04(d)

RSA 329-A:12

Plu 104

RSA 541-A:16, I(a)

 

 

Plu 201

RSA 541-A:7

Plu 202.01

RSA 541-A:16, I.(b)

Plu 203.01 and 203.02

RSA 541-A:16, I(b)(2)

Plu 203.03

RSA 541-A:31, I

Plu 204.01

RSA 541-A:16, I(b)(2)

Plu 204.02

RSA 541-A:30-a, III(k)

Plu 204.03

RSA 541-A:30-a, III(j)

Plu 205

RSA 541-A:30-a, III(f)

Plu 206

RSA 541-A:30-a, III(a)

Plu 207

RSA 541-A:16, I(b)(2)

Plu 208.01

RSA 541-A:16, I.(b) and RSA 541-A:31, III.

Plu 208.02

RSA 541-A:30, III

Plu 208.03

RSA 541-A:30-a, III(b)

Plu 208.04

RSA 541-A:31, V(b)(c) and (d); RSA 541-A:16, I(b)(2)

Plu 208.05(a)

RSA 541-A:31, VII

Plu 208.05(b)

RSA 541-A:30, III

Plu 208.05(c)

RSA 541-A:31, VII; RSA 541-A:16, I(b)(2)

Plu 209.01 and 209.02

RSA 541-A:32, I, II and III; RSA 541-A:16, I(b)(2)

Plu 209.03

RSA 541-A:16, I.(b) and RSA 541-A:30-a, III.(g)

Plu 210.01

RSA 541-A:30-a, III(h)

Plu 210.02

RSA 541-A:16, I(b)(2)

Plu 211

RSA 541-A:30-a, III(c)

Plu 212.01

RSA 541-A:30-a, III(d) and (e)

Plu 212.02

RSA 541-A:31, IV; RSA 541-A:16, I(b)(2)

Plu 212.03(a)

RSA 541-A:33

Plu 212.03 (b)-(e)

RSA 541-A:16, I(b)(2)

Plu 212.04 and 212.05

RSA 541-A:16, I(b)(2)

Plu 212.06

RSA 541-A:30-a, III(i)

Plu 212.07(a)-(e)

RSA 541-A:16, I(b)(2)

Plu 212.07(f)

RSA 541-A:30-a, III(l)

Plu 212.08

RSA 541-A:16, I(b)(2)

Plu 213.01

RSA 541-A:38 and RSA 541-A:16, I.(b)

Plu 214

RSA 541-A:4; RSA 541-A:16, I(c)

Plu 215

RSA 541-A:16, I(b)(3)

Plu 216

RSA 541-A:16, I(d)

Plu 217

RSA 541-A:11, VII

 

 

Plu 301

RSA 541-A:7

Plu 302

RSA 329-A:14, I and II

Plu 302.01 and 302.02

RSA 329-A:14, II

Plu 302.03(a)-(d)

RSA 329-A:14, I

Plu 302.03(e)(1)

RSA 329-A:14, I; RSA 332-A:1

Plu 302.03(e)(2)-Plu 302.09

RSA 329-A:14, I

Plu 303.01(a)

RSA 329-A:8; RSA 329-A:14, II

Plu 303.01(b)

RSA 329-A:9; RSA 329-A:14, II

Plu 303.02

RSA 329-A:10

Plu 303.02

RSA 329-A:10, II

Plu 304

RSA 329-A:7

Plu 305

RSA 329-A:9-b; RSA 329-A:14, VI

Plu 306.01(a)

RSA 329-A:14, III

Plu 306.01(b)(1)

RSA 329-A:9-a, I

Plu 306.01(b)(2)

RSA 329-A:9-a, IV

Plu 306.01(c)

RSA 329-A:14, III

Plu 306.02

RSA 329-A:7

Plu 306.03

RSA 329-A:9-a, III

Plu 307

RSA 329-A:14, III; RSA 329-A:14, VIII

Plu 308

RSA 329-A:5-a

Plu 308.08(a)

RSA 329-A:5-a; RSA 329-A:17; RSA 329-A:16

Plu 308.08(b) and (c)

RSA 541-A:16, I.(b)

 

 

Plu 401.01

RSA 541-A:7

Plu 402.01(a)

RSA 329-A:11, I.

Plu 402.01(b)

RSA 329-A:18, II.

Plu 402.02 and Plu 402.03

RSA 329-A:14, II.

Plu 402.04

RSA 541-A:16, I.(b)

Plu 403.01

RSA 329-A:11, III.

Plu 403.02(a)(1), (2) and (3)a.

RSA 329-A:11, III.

Plu 403.02(a)(3)b.

RSA 329-A:11, IV.

Plu 403.02(b) and (c) and Plu 403.03

RSA 329-A:11, III.

Plu 404

RSA 329-A:14, II.

Plu 405.01(a)

RSA 329-A:11, II.

Plu 405.01(b)

RSA 329-A:18, II.

Plu 405.02 through Plu 405.04

RSA 329-A:14, II.

Plu 405.05

RSA 541-A:16, I.(b)

Plu 406

RSA 329-A:14, II.

Plu 407.01

RSA 329-A:12, II

Plu 407.02

RSA 329-A:12, III

Plu 407.03 and Plu 407.04

RSA 541-A:16, I(b)

Plu 408

RSA 329-A:14, VIII.

 

 

Plu 501 and Plu 502

RSA 541-A:7

Plu 503 and Plu 504

RSA 329-A:14, VIII