Adm 202.01 Purpose. This chapter establishes procedural rules for the conduct of certain hearings and proceedings before the department, including certain adjudicative proceedings in contested cases and nonadjudicative proceedings such as public comment hearings, rulemaking petitions and issuance of declaratory rulings.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 202.02 Scope.

(a) This chapter shall apply to matters arising before the department, with the exception that these rules shall not apply to division of personnel appeals or to matters which are to be addressed by the division of personnel pursuant to Chapters Per 100 through 1500.

(b) In matters arising pursuant to Part Adm 609, the procedures of Adm Parts 203 – 211 shall apply after the utilization of pre-adjudicative proceeding procedures specified in Part Adm 609.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 202.03 Construction of Rules. Parts Adm 203 - Adm 211 shall be construed so as to foster the just, accurate and efficient resolution of all disputes in accordance with applicable law, including but not limited to the provisions of RSA 541-A: 31 – 38.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

PART Adm 203 CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES

Adm 203.01 Presiding Officer.

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

(b) The presiding officer shall, as necessary:

(1) Regulate and control the course of the hearing and any related conferences;

(2) Pursuant to RSA 541-A: 31, V. (a) and RSA 541-A: 38, 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, unduly repetitious or otherwise inadmissible 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 or presents argument 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;

(8) Schedule and structure such conferences and hearings as are necessary to advance the proceeding or resolve matters or issues related to the proceeding;

(9) Issue such lawful orders as are necessary to advance the proceeding or resolve matters or issues related to the proceeding;

(10) Evaluate evidence and make such factual findings or legal rulings as may be necessary;

(11) In accordance with RSA 541-A: 33, V, and to the extent necessary, take official notice of facts that are common knowledge;

(12) Take any other action consistent with applicable statutes, rules and case law that is necessary to conduct the hearing, advance the proceeding, resolve matters or issues related to the proceeding and complete the record in a fair and timely manner.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 203.02 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:

a. He or she cannot fairly or accurately judge the facts of the case; or

b. His or her involvement in the matter would, under all of the circumstances, create an impression of bias.

(c) Mere knowledge of the issues involved in the matter, acquaintance with any party, intervenor, witness or representative, or employment by the department shall not constitute good cause for withdrawal.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 203.03 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 in accordance with the law than would adherence to the particular requirement or procedure.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

PART Adm 204 TIME PERIODS

Adm 204.01 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) Unless otherwise specified in these rules or by other applicable law relating to the period in which an action must be performed, 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. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

PART Adm 205 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Adm 205.01 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 department on the date of receipt, if evidenced by a date placed on the document by the presiding officer or staff of the department in the normal course of business.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 205.02 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 Adm 205.03.

(b) The signature of a party or intervenor or the representative of the party or the intervenor on a document filed 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. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 205.03 Delivery of Documents.

(a) Unless otherwise specified by order of the presiding officer:

(1) 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 presiding officer and to all other parties and intervenors, or their representatives, if any, unless disclosure of the material at issue, or a portion thereof, or disclosure to a particular recipient, would be prohibited by law; and

(2) All notices, orders, decisions or other documents issued by the presiding officer shall be delivered to all parties and intervenors, or their representatives, if any, unless the disclosure of the material at issue, or a portion thereof, would be prohibited by law.

(b) Where delivery of only a portion of an item noted in paragraph (a) above would be prohibited by law, the material shall be redacted accordingly.

(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 department;

(3) The return address of the sender; and

(4) Sufficient, prepaid first class postage.

(d) In lieu of or in addition to the form of delivery noted in paragraph (c) above, delivery of documents relating to a proceeding may be accomplished by certified or registered mail bearing the name and last known address of the person intended to receive the document.

(e) Documents deposited into the United States first class mail as specified in paragraph (c) above and not returned to the sender shall be rebuttably presumed to have been received.

(f) When a party or intervenor appears through a representative, delivery of a document to the party's or the intervenor’s representative, either in hand or by delivery to the address stated on the appearance filed by the representative, utilizing one or more of the methods of delivery described above, shall constitute delivery to the party or intervenor.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

PART Adm 206 MOTIONS AND OBJECTIONS

Adm 206.01 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) Unless otherwise ordered by the presiding officer, objections to written motions shall be filed within 10 days of the date of the motion, or in the case of motions for rehearing under Adm 211.08, within 5 days of the date of the motion.

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

(e) When the presiding officer concludes that it is necessary to obtain additional information or to clarify an issue relating to the motion, he or she shall hold a hearing on the motion.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

PART Adm 207 COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; PRE-HEARING AND OTHER CONFERENCES; RECORDING THE HEARING; CONDUCT OF PARTIES, INTERVENORS AND REPRESENTATIVES; EX PARTE COMMUNICATIONS

Adm 207.01 Commencement of Adjudicative Proceedings.

(a) Petitions to commence an adjudicative proceeding shall:

(1) Be in legible written form;

(2) Be addressed to the commissioner;

(3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301;

(4) State 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;

(5) Cite the particular statutes, rules or other authority in question;

(6) Explain the nature of the grievance and why an adjudicative proceeding is necessary;

(7) Describe the relief which the petitioner is seeking; and

(8) Be signed and dated by the petitioner.

(b) Petitions shall be handled in accordance with RSA 541-A: 29.

(c) An adjudicative proceeding shall be commenced by an order of the presiding officer giving the parties the notice specified in (d) below.

(d) The notice of hearing shall contain:

(1) The title and docket number of the matter;

(2) The names and addresses of the parties;

(3) A statement of the nature of the hearing;

(4) The date, time and place of the hearing;

(5) The final date for the mandatory pre-hearing disclosure of witnesses and exhibits pursuant to Adm 210.03, which date shall be no less than 5 days before the hearing;

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

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

(8) A statement of how the rules which will apply to the conduct of the hearing may be obtained;

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

(10) A statement that all parties and intervenors, or their representatives, shall file an appearance pursuant to Adm 207.02;

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

(12) The name of the presiding officer, if known;

(13) The date, time and location of any prehearing conference, if known; and

(14) Any additional information required by RSA 541-A: 31, III.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 207.02 Appearances.

(a) An appearance shall be filed by:

(1) Each party or by the party's representative, including the person who will appear on behalf of the department or its subunit; and

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

(b) The appearance shall contain the following information:

(1) A brief identification of the case, including the title and docket number, if any;

(2) The name of the person filing the appearance;

(3) Whether the person filing the appearance is a New Hampshire attorney;

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

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

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 207.03 Prehearing and Other Conferences.

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

(b) A prehearing or other 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 would advance the efficiency of, or aid in the disposition of, the proceedings.

(c) Pursuant to RSA 541-A: 31, V. (d), following a prehearing conference the presiding officer shall issue a prehearing order addressing matters determined at the conference.

(d) The presiding officer shall cause prehearing or other conferences to be recorded verbatim and a party may request a copy of the recording provided that he or she pays the actual cost of such transcription.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 207.04 Recording the Hearing.

(a) Unless another procedure is required by law, the presiding officer shall record the hearing electronically or by any other method that will provide a verbatim record.

(b) If any person requests a transcript of the recording of a hearing, the department shall:

(1) Cause a transcript to be prepared, provided that, in accordance with RSA 541-A: 31, VII, the person making the request pays or agrees to pay all reasonable costs for the making of the transcription; and

(2) Following receipt of payment for the cost of making the transcription, provide a copy of the transcript to the person making the request.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 207.05 Conduct of Parties, Intervenors and Representatives.

(a) Parties, intervenors and representatives of parties or intervenors shall treat the process and all other participants, including the presiding officer, witnesses, parties, intervenors and representatives, with respect and fairness.

(b) Parties, intervenors and representatives shall not:

(1) Make a claim or assertion unless there is admissible evidence to support that claim or assertion;

(2) Knowingly dispute a claim or assertion of another person unless there is a reason to do so that is supported by admissible evidence or argument;

(3) Personally, or through another person, make a false or misleading statement of material fact or law;

(4) Personally, or through another, knowingly conceal, destroy or preclude or delay access to evidence which is relevant to the proceeding;

(5) Knowingly attempt to introduce evidence which is not relevant to, or admissible in, the proceeding;

(6) Assert personal knowledge of facts at issue unless appearing as a witness;

(7) Offer opinion as to matters at issue except in opening or closing statements, when testifying as an expert witness or as otherwise allowed by the presiding officer in the particular case;

(8) Attempt to influence the presiding officer on an ex parte basis;

(9) Engage in disruptive behavior during the course of a proceeding, including but not limited to:

a. Making frivolous claims or motions;

b. Using tactics that have no purpose other than to embarrass, burden or offend any participant;

c. Speaking when another person who has been recognized by the chair is attempting to speak;

d. Speaking or acting in a manner that is abusive to other persons; or

e. Attempting to delay the proceedings solely for the sake of delay; or

(10) Directly contacting, outside of the presence of the representative, a party or intervenor who is known at that time to be represented in the proceeding, unless the contact has been agreed to by the representative.

(c) Persons representing parties or intervenors in adjudicative proceedings who are not members of the New Hampshire Bar shall not, pursuant to RSA 311:7, commonly practice in such proceedings and, accordingly shall not act as a representative for another in more than 3 proceedings in any 2 year period.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 207.06 Ex Parte Communications. Parties, intervenors and representatives shall not engage in ex parte communications prohibited by RSA 541-A: 36.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

Adm 207.07 Oaths and Affirmations. Pursuant to RSA 541-A: 33, I, the presiding officer shall administer an oath or affirmation to all persons who wish to present testimony.

Source. #2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

PART Adm 208 INTERVENTION; ROLE OF AGENCY STAFF

Adm 208.01 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 delivered in copy to all parties and intervenors identified in the notice commencing the hearing.

(b) In accordance with RSA 541-A: 32, a petition for intervention shall be granted by the presiding officer if the petitioner complied with paragraph (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.

(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. #7720, eff 6-27-02; ss by #8908, eff 9-22-07

Adm 208.02 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 based solely upon the fact that an intervention has occurred.

Source. #7720, eff 6-27-02; ss by #8908, eff 9-22-07

Adm 208.03 Role of Agency Staff and Complainants.

(a) Personnel identified as the agency’s representative in the proceeding shall be responsible for presenting the agency’s case, whether or not he or she appears as a witness.

(b) If not identified as the agency’s representative in the proceeding, agency staff shall have no role in the hearing unless:

(1) Designated as the presiding officer;

(2) Assigned to render clerical or administrative support in connection with the proceeding; or

(3) Called as a witness.

(c) Unless called as a witness, granted intervenor status or a party to a dispute, a complainant shall have no role in a disciplinary or enforcement proceeding.

Source. #8908, eff 9-22-07

PART Adm 209 CONTINUANCES AND FAILURE TO ATTEND HEARING

Adm 209.01 Continuances.

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

(b) A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would likely assist in resolving the case fairly, such as by allowing for the presence of a necessary party or witness who was unavoidably unavailable, and would not be contrary to law.

(c) If the later date, time and place to which the hearing will be delayed or continued are known at the time of ruling on a motion, 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. #8908, eff 9-22-07

Adm 209.02 Failure of a Party to Attend or Participate in the Hearing.

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

(1) Has the burden of proof on the issue or issues involved in the hearing;

(2) Has been given notice of the hearing; and

(3) Fails to attend the hearing.

(b) If a party is in default under (a) above and does not file a request that the default be stricken within 10 days of the date of the notice of default, the case shall be dismissed.

(1) Is dated;

(2) States that the party is in default and why;

(3) States that the matter will be dismissed unless:

a. The party submits a motion to strike the default within 10 days of the date of the order of default; and

b. The presiding officer determines that the motion should be granted.

(d) The presiding officer shall strike a default that has been entered under (a) above if:

(1) The party in default moves that the default be stricken within 10 days of the date of the order of default;

(2) The presiding officer concludes that the failure to appear was due to sudden accident, death of a family member or similar circumstance that was:

a. Beyond the control of the party; and

b. Of such a nature as to have prevented the party from appearing.

(e) Notwithstanding paragraph (d) above:

(1) A default shall not be stricken if the motion to strike is based upon the same facts and reasons previously expressed in a motion to continue the hearing which was denied; and

(2) The 10 day period for the filing of a motion to strike may be extended if the presiding officer concludes that circumstances beyond the control of the applicant prevented filing within the requisite time.

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

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

Source. #8908, eff 9-22-07

PART Adm 210 REQUESTS FOR INFORMATION AND DOCUMENTS

Adm 210.01 Voluntary Production of Information.

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

(b) When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion under Adm 210.02 to compel the production of the requested information or documents.

Source. #8908, eff 9-22-07

Adm 210.02 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, or as soon as possible prior to the hearing if the motion was received less than 10 days before the hearing.

(d) The presiding officer shall grant the motion to compel if its proponent has demonstrated that:

(1) An order for compliance is necessary for a full and fair presentation of evidence at the hearing; and

(2) The disclosure is not otherwise prohibited by law or by rules of privilege recognized in the state of New Hampshire.

(e) The presiding officer shall take such action in regard to a failure to comply with an order for compliance as he or she may take for a failure to make mandatory disclosures under Adm 210.03 (e).

Source. #8908, eff 9-22-07

Adm 210.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.

(a) At least 5 days before the hearing, the parties and intervenors, or their representatives, shall provide to the other parties and intervenors or their representatives:

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

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

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

(4) A copy of each document to be offered as evidence at the hearing, except to the extent that disclosure of some or all of a document would be prohibited by law, in which case such document may be withheld or redacted as required; and

(5) An offer to allow the inspection of non-documentary exhibits to be offered as evidence at the hearing either:

a. At a time and in a place that is convenient to the parties and intervernors; or

b. At a place that is convenient to the place of the hearing, at a convenient time prior to the hearing.

(b) At least 5 days before the hearing, the parties and intervenors shall provide to the presiding officer the items listed in subparagraphs (a) (1), (2) and (3) above.

(c) To the extent known to exist prior to the time of a hearing, disputes regarding mandatory disclosures shall be presented to the presiding officer in advance of the hearing.

(d) A party or intervenor shall not be required to call a witness, or to submit a document or exhibit, simply because that document or witness was listed on his or her mandatory disclosure, but such witnesses and documents shall be available for utilization by other parties, intervenors and the presiding officer at the time of the hearing.

(e) The presiding officer shall take such action in regard to a failure to comply with mandatory disclosure requirements as he or she concludes is required for the just, accurate and efficient resolution of the case, such as:

(1) Exclusion of some or all of the testimony, document or exhibit from evidence;

(2) Admission of some or all of the testimony, document or exhibit into evidence;

(3) Admission of the testimony, document or exhibit into evidence with limitations;

(4) Allowance of another party or intervenor to submit testimony, documents or exhibits not contained or described in his or her prehearing disclosures;

(5) Allowance of a party or intervenor to recall a witness;

(6) Postponement or delay of the hearing; or

(7) Any other action not prohibited by law that would advance the just, accurate and efficient resolution of the matter.

Source. #8908, eff 9-22-07

PART Adm 211 HEARING PROCEDURE

Adm 211.01 Standard and Burden of Proof. A party or intervenor claiming that an action or inaction of the agency is invalid, improper or contrary to law shall bear the burden of proving that proposition by a preponderance of the evidence, unless another standard or burden is imposed by law.

Source. #8908, eff 9-22-07

Adm 211.02 Order of Testimony; Cross-Examination.

(a) Any individual offering testimony, evidence or argument 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 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 presiding officer shall call witnesses not called by the parties if their testimony is required for a full and fair adjudication of the issues.

(f) Pursuant to RSA 541-A: 32, III, the right of an intervenor to cross-examine witnesses and to use the other procedures of participation accorded to parties shall be determined by the presiding officer.

(g) The presiding officer shall allow such redirect examination, recross examination, opening and closing argument or summation as he or she concludes will advance the just, accurate and efficient resolution of the case.

Source. #8908, eff 9-22-07

Adm 211.03 Evidence.

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

(b) Rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the presiding officer.

(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, legally privileged, or subject to exclusion under Adm Part 210.

(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 all or part is exempt from disclosure under RSA 91-A or other applicable statutory or case law.

(f) Parties and intervenors submitting testimony, documents, materials and objects which they believe to be exempt from disclosure under RSA 91-A: 5 or other applicable statutory or case law shall so advise the presiding officer.

Source. #8908, eff 9-22-07

Adm 211.04 Proposed Findings of Fact and Rulings of Law.

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

(b) Each proposed finding of fact and ruling of law shall be numbered.

(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; or

(2) The presiding officer determines that proposed findings of fact and rulings of law would serve to clarify the issues involved in the hearing.

(c) In any case where a party or intervenor submits proposed findings of fact and rulings of law, the presiding officer shall include in the presiding officer's decision rulings on the proposals submitted.

Source. #8908, eff 9-22-07

Adm 211.05 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 Adm 211.06.

Source. #8908, eff 9-22-07

Adm 211.06 Reopening the Record.

(a) If no decision pursuant to Adm 211.07 (a) has yet 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, and without fault on the part of the person making the claim, 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 whether the record should be reopened.

(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:

(1) 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, and without fault on the part of the person making the claim, omitted;

(2) The evidence or claim of law is relevant, material and non-duplicative; and

(3) The inclusion of the material 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. #8908, eff 9-22-07

Adm 211.07 Disposition.

(a) No later than 60 days after the record has been closed, the presiding officer shall:

(1) Issue a dated, written decision in accordance with paragraph (b) below;

(2) Provide, by means of U.S. first class mail, certified mail, registered mail or personal delivery, a copy of the decision to:

a. The parties;

b. Intervenors; and

c. The commissioner, if the commissioner was not the presiding officer;

(3) If the commissioner was not the presiding officer, on the date of the decision, provide, forward or make available to the commissioner the materials constituting the record, as described in RSA 541-A: 31, VI.

(b) The presiding officer’s decision shall:

(1) Be in writing;

(2) Be dated;

(3) Set forth the reason or reasons for the determination; and

(4) Contain, in narrative or individually numbered form, such findings of fact and rulings of law as are necessary to the determination.

Source. #8908, eff 9-22-07

Adm 211.08 Requests for Rehearing.

(a) No later than 30 days from the date appearing on the decision, a party may file with the commissioner a request for rehearing.

(b) Requests for rehearing shall:

(1) Be in a written motion addressed to the commissioner;

(2) Be delivered to the following persons by either U.S. first class mail, certified mail, registered mail or personal delivery:

a. The commissioner;

b. Other parties;

c. Intervenors; and

d. If the presiding officer was not the commissioner, the presiding officer;

(3) Specify all grounds upon which it is claimed that the decision is unlawful or unreasonable; and

(4) Identify the issues to be addressed upon rehearing.

Source. #8908, eff 9-22-07

Adm 211.09 Commissioner’s Review.

(a) If a request for rehearing is filed within 30 days of the date of the presiding officer’s decision, the commissioner shall, within 10 days of the receipt of the request, grant rehearing, as further specified in paragraphs (c) through (e) below, if it appears from the record that:

(1) The decision was unlawful or unreasonable; and

(2) Receipt of additional information, argument or analysis is necessary to reach a decision that is lawful and reasonable.

(b) Whether or not a request for rehearing is filed within 30 days of the date of the presiding officer’s decision, the commissioner shall, within 40 days of the date of the decision either:

(1) Reverse, modify or amend the decision without rehearing if he or she concludes that the record establishes that:

a. The presiding officer incorrectly assessed the evidence, misapplied the relevant law, or otherwise issued a decision that was unlawful or unreasonable; and

b. Reversal, modification or amendment of the decision in a specific manner without receiving additional information or argument would correct the error;

(2) Order rehearing before the commissioner if he or she concludes:

a. That either:

1. Additional information, argument or analysis is necessary to reach a lawful and reasonable determination of the matter; or

2. The record fails to provide a reasonable basis for evaluating the evidence; and

b. The information, argument or analysis required would most efficiently be obtained by rehearing before the commissioner;

(3) Order rehearing before a presiding officer other than the commissioner, if the commissioner concludes:

a. That either:

1. Additional information, argument or analysis is necessary to reach a lawful and reasonable determination of the matter; or

2. The record fails to provide a reasonable basis for evaluating the evidence; and

b. The information, argument or analysis required would most efficiently be obtained by rehearing before a presiding officer other than the commissioner; or

(4) Affirm the decision.

(1) Held before the commissioner him or herself if the commissioner concludes that the information, argument or analysis required would most efficiently be obtained by rehearing before the commissioner; or

(2) Held before a presiding officer other than the commissioner if the commissioner concludes that the information, argument or analysis required would most efficiently be obtained by rehearing before a presiding officer other than the commissioner.

(d) If a rehearing is granted by the commissioner, the commissioner shall state in the order granting rehearing whether the rehearing will be held before the commissioner or before another presiding officer.

(e) The commissioner shall provide a copy of his or her decisions on requests for rehearings, decisions affirming, reversing, modifying or amending a decision, or ordering rehearing, to the parties, intervenors and the presiding officer by either U.S. first class mail, certified mail, registered mail or personal delivery.

(f) If no request for rehearing has been filed within 30 days of the date of the presiding officer’s decision and no further action has been taken by the commissioner within 40 days of the date of the that decision, the decision shall be deemed affirmed by the commissioner and shall constitute the final determination of the department.

Source. #8908, eff 9-22-07

Adm 211.10 Retention of Decisions. The department shall keep all final decisions in its records for at least 5 years following the 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. #8908, eff 9-22-07

PART Adm 212 RULEMAKING

Adm 212.01 Petitions for Rulemaking.

(a) Pursuant to RSA 541-A:4, any person may petition the commissioner to adopt, amend, or repeal a rule.

(b) The petition shall:

(1) Be in legible written form;

(2) Be addressed to the commissioner;

(3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301;

(4) Be signed and dated by the petitioner; and

(5) State at a minimum:

a. 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;

b. The purpose of the petition, whether the adoption, amendment or repeal of a rule;

c. If amendment or repeal of a rule is sought, the specific section numbers and the precise text of the existing rule or rules that the petitioner seeks to amend or delete;

d. If amendment or adoption of a rule is sought, the specific section number or numbers at issue, or the new section number or numbers proposed, and the precise new language proposed;

e. Reference to the statutory provision that authorizes or supports the rulemaking;

f. The reason or reasons that the petitioner believes that the amendment or repeal should be made or the proposed text adopted;

(c) Within 15 days of the receipt of a request for rulemaking, the commissioner shall notify the petitioner if the petition is incomplete or if additional information is required in order to reach a determination on the petition.

(d) If, within 15 days of the issuance of a notification under (c) above, the petitioner does not submit a completed petition or the information, if any, requested, the commissioner shall deny the petition.

(e) The commissioner shall respond to a completed petition within 30 days by either denying the petition in writing and stating the reasons for the denial or by initiating a rulemaking proceeding under RSA 541-A: 4.

(f) In accordance with the commissioner’s duties and authority under RSA 21-I: 13, I; RSA 21-G: 9, II (b); RSA 541-A: 16, I (c) and RSA 21-G: 9, II (e), the petition shall be denied unless the commissioner concludes that:

(1) It is within the department’s authority to take the action requested;

(2) The requested action is consistent with statutory and case law affecting the department; and

(3) The requested action would best implement the laws affecting the department or be desirable in order to fulfill the functions of the department in accordance with the law.

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

Source. #8908, eff 9-22-07

PART Adm 213 PUBLIC COMMENT HEARINGS

Adm 213.01 Purpose. The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A: 11.

Source. #8908, eff 9-22-07

Adm 213.02 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 Adm 213.03.

(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.

(1) Be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing; and

(2) Be signed by the person who submits them.

(d) Pursuant to RSA 541-A: 11, I, copies of proposed rules shall be available to the public under RSA 91-A and at least 5 days prior to the hearing.

Source. #8908, eff 9-22-07

Adm 213.03 Limitations on Public and Media Participation.

(a) The commissioner or the person designated by the commissioner to preside over a hearing shall:

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

a. Speaks or acts in an abusive or disruptive manner;

b. Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

c. Restates more than once what he or she has already stated; and

(2) 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;

(b) Public comment hearings shall be open to print and electronic media and all other persons, subject to the following limitations, when such limitations are necessary to allow a hearing to go forward in an orderly manner:

(1) Limitation of the number of persons, including media representatives, when the combined number of persons exceeds the capacity of the hearing room;

(2) Limitation on the placement of cameras or other items to specific locations within or adjacent to the hearing room;

(3) Prohibition of interviews or presentations conducted within the hearing room before or during the hearing, or of interviews or presentations audible within the hearing room during the hearing;

(4) Prohibition of behavior that interferes with or disrupts the proceedings; or

(5) Removal of persons who interfere with or disrupt the proceedings from the hearing room or adjacent areas.

Source. #8908, eff 9-22-07

Adm 213.04 Conduct of Public Comment Hearings.

(a) Public comment hearings shall be presided over by the commissioner or a person designated by the commissioner in accordance with RSA 541-A: 11, II.

(b) The 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, pursuant to RSA 541-A: 11, VI, 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 and prohibitions pursuant to Adm 213.03;

(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;

(8) Adjourn or continue the hearing; and

(9) Take such other action consistent with applicable law that is necessary to conduct and advance the hearing in an orderly fashion intended to allow for the full consideration of public comment.

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

(2) The person designated to preside over the hearing is ill or unavoidably absent; or

(3) Postponement will facilitate greater participation by the public.

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

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

(1) The time available 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. #8908, eff 9-22-07

PART Adm 214 DECLARATORY RULINGS

Adm 214.01 Requests for Declaratory Ruling.

(a) Any person may petition the commissioner in writing for a declaratory ruling concerning the applicability of a rule or statute involving the department, other than rules or statutes implemented by the division of personnel, to a specific set of circumstances.

(b) The petition shall:

(1) Be in legible written form;

(2) Be addressed to the commissioner;

(3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301;

(5) Cite the particular rule or statute in question;

(6) Explain why the language of the rule or statute makes its applicability unclear to the circumstances of the petitioner's case; and

(7) Be signed and dated by the petitioner.

(c) Within 60 days of the receipt of the petition, the commissioner shall notify the petitioner if the petition is incomplete or if additional information is required in order to reach a determination on the petition.

(d) When a conforming petition has been received, the commissioner shall respond within 120 days to a petition for a declaratory ruling by stating whether or not the rule or statute at issue applies to the specific set of circumstances presented.

(e) 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. #8908, eff 9-22-07

Adm 214.02 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the person requesting it and shall be confined to the facts presented pursuant to Adm 214.01.

Source. #8908, eff 9-22-07

PART Adm 215 EXPLANATION OF ADOPTED RULES

Adm 215.01 Requests for Explanation of Adopted Rules. Pursuant to RSA 541-A: 11, VII, 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 commissioner 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. #8909, eff 9-22-07

Adm 215.02 Contents of Explanation. The commissioner shall, within 90 days of receiving a request in accordance with Adm 215.01, 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

Source. #8909, eff 9-22-07

PART Adm 216 PETITIONS FOR WAIVER OR SUSPENSION OF RULES

Adm 216.01 Petitions. A person affected by a rule of the commissioner may request that the commissioner waive or suspend the rule by filing a written request for waiver or suspension containing, at a minimum:

(a) The name, address and telephone number of the person making the request and, if the person is representing another person, the name and address of the person represented;

(b) An identification of the specific rule or rules for which waiver or suspension is sought;

(d) The reason or reasons that suspension or waiver is sought, together with such facts as will enable the commissioner to ascertain how the waiver or suspension would impact upon the person making the request or third parties.

Source. #8909, eff 9-22-07

Adm 216.02 Notification to Third Parties. If the commissioner concludes upon examination of the petition that the proposed waiver or suspension would likely affect persons other than the petitioner, the commissioner shall require that the petitioner provide notice to those persons and afford those persons the opportunity to request a hearing on the petition.

Source. #8909, eff 9-22-07

Adm 216.03 Standard. The commissioner shall grant a petition for waiver or suspension of a rule if the commissioner concludes:

(a) That the petitioner has established:

(1) That he or she would suffer a hardship by application of the rule;

(2) Waiver or suspension would not conflict with statutes and case law relative to programs administered by the department, or with the purposes of RSA 21-I;

(3) Waiver or suspension would not impose a hardship on a third party; and

(4) Waiver or suspension is necessary due to factors outside the control of the petitioner; or

(b) That the petitioner has established that waiver or suspension is necessary to comply with applicable statutory or case law, or to achieve the purposes of RSA 21-I.

Source. #8909, eff 9-22-07

Adm 216.04 Action on Petitions. The commissioner shall act upon petitions under this part in accordance with the provisions of RSA 541-A: 29.

Source. #8909, eff 9-22-07

PART Adm 217 SETTLEMENTS

Adm 217.01 Settlements.

(a) Any party to an adjudicative proceeding shall have the opportunity to attempt to reach a resolution of the dispute with the department by agreement.

(b) An agreement resolving some or all of the issues comprising the dispute shall become effective when its terms have been reduced to a writing signed by the parties to the agreement.

(c) The signing of a document setting forth the terms of an agreement resolving some or all of the issues comprising a dispute shall constitute a waiver of the right to a hearing of the issues resolved by the agreement.

(d) The party initiating the hearing or his or her representative shall advise the presiding officer of the existence of the settlement immediately upon resolution.

(e) After being informed of a settlement, the presiding officer shall issue such orders as are necessary to document the resolution of the case.

Source. #8909, eff 9-22-07

APPENDIX

RULE	STATUTE IMPLEMENTED

Adm 201.01	RSA 541-A: 7

Adm 202.01 – 202.02	RSA 541-A: 7
Adm 202.03	RSA 541-A: 16, I (b); RSA 541-A: 31 - 38

Adm 203.01	RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31; RSA 541-A: 33; RSA 541-A: 38
Adm 203.02	RSA 541-A: 30-a, III (k)
Adm 203.03	RSA 541-A: 30-a, III (j)

Adm 204.01	RSA 541-A: 30-a, III (f); RSA 541-A: 16, IV

Adm 205.01	RSA 541-A: 16, I. (b); RSA 541-A: 30-a, III (a); RSA 541-A: 30-a, III (f)
Adm 205.02	RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (a)
Adm 205.03	RSA 541-A: 30-a, III (a); RSA 541-A: 35

Adm 206.01	RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (a); RSA 541-A: 31, IV, VI (b), VII; RSA 541-A: 33, II.

Adm 207.01	RSA 541-A: 16, I. (b); RSA 541-A: 29; RSA 541-A: 30-a, I; RSA 541-A: 31, I, III
Adm 207.02	RSA 541-A: 30-a, III. (b)
Adm 207.03	RSA 541-A: 16, I (b); RSA 541-A: 31, V (b), (c), (d)
Adm 207.04	RSA 541-A: 31, VI. (g), VII;
Adm 207.05	RSA 541-A: 16, I. (b); RSA 541-A: 30-a, I; RSA 311: 7
Adm 207.06	RSA 541-A: 36
Adm 207.07	RSA 541-A: 33, I

Adm 208.01 – Adm 208.02	RSA 541-A: 16, I. (b); RSA 541-A: 30-a, III (a); RSA 541-A: 32
Adm 208.03	RSA 541-A: 30-a, III (g)

Adm 209.01	RSA 541-A: 30-a, III. (h)
Adm 209.02	RSA 541-A: 16, I. (b); RSA 541-A: 30-a, I; RSA 541-A: 30-a, III. (d)

Adm 210.01 – Adm 210.03	RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (c)

Adm 211.01	RSA 541-A: 30-a, III (d), (e)
Adm 211.02	RSA 541-A: 16, I (b) (2); RSA 541-A: 30-a, I; RSA 541-A: 32, III; RSA 541-A: 33, IV
Adm 211.03	RSA 541-A: 16, I (b) (2); RSA 541-A: 30-a, I; RSA 541-A: 33
Adm 211.04	RSA 541-A: 16, I. (b); RSA 541-A: 30-a, I; RSA 541-A: 31, VI (e); RSA 541-A: 35
Adm 211.05	RSA 541-A: 16, I. (b); RSA 541-A: 30-a, I.
Adm 211.06	RSA 541-A: (i)
Adm 211.07	RSA 541-A: 30-a, III (a); RSA 541-A: 31, VI; RSA 541-A: 35
Adm 211.08	RSA 541-A: 16, I (b); RSA 541-A: 30-a, I, III (a); RSA 541-A: 31, IV
Adm 211.09	RSA 541-A: 16, I (b); RSA 541-A: 30-a, I, III (i); RSA 541: 3 – 6
Adm 211.10	RSA 541-A: 30-a, III (l)

Adm 212.01	RSA 541-A: 4; RSA 541-A: 16, I (c); RSA 21-I: 13, I; RSA 21-G: 9, II (b), (e)

Adm 213.01 – Adm 213.04	RSA 541-A: 11; RSA 541-A: 16, I. (b) (3)

Adm 214.01 – Adm 214.02	RSA 541-A: 16, I (d); RSA 541-A: 16, II (b); RSA 541-A: 29

Adm 215.01 – Adm 215.02	RSA 541-A: 11, VII

Adm 216.01	RSA 541-A: 22, IV; RSA 541-A: 29; RSA 21-I;

Adm 217.01	RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31, V (a); RSA 541-A: 38