CHAPTER Man 100 ORGANIZATIONAL RULES
Statutory
Authority: RSA 205-A:25 through RSA
205-A:31
PART Man 101 DEFINITIONS OF TERMS
Man
101.01 Statutorily Defined Terms. The terms defined in RSA 205-A:1, shall have
the same meaning when used in these rules.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man
101.02 "Agent" means a
complainant's or respondent's representative who is not an attorney,
but authorized to appear before the board.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man
101.03 "Board" means board of
manufactured housing as described in RSA 205-A:25, I.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man
101.04 "
Source. #8208,
eff 11-20-04
Man
101.05 "Complainant" means the
party or parties who file a complaint with the board.
Source. #8208,
eff 11-20-04
Man
101.06 "Party" means the
person/entity designated as a party in any matter before the board.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04 (formerly Man 101.04)
Man
101.07 "Respondent" means the
entity, person, or party against whom the complaint was filed.
Source. #6161,
eff 1-4-96; ss by #8027, INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04 (formerly Man
101.05)
PART Man 102 DESCRIPTION OF BOARD
Man
102.01 Board's Membership Duties and
Powers.
(a) The board is established in accordance with
RSA 205-A:25 and consist of 9 members as follows:
(1) Two public members, appointed by the
Governor;
(2) Two members appointed by the Governor, from a
list of 3 persons nominated by the New Hampshire
Manufactured Housing Association;
(3) One member appointed by the Governor, from a
list of 2 persons nominated by the Mobile/Manufactured Homeowner and Tenants
Association of New Hampshire;
(4) One member appointed by the Governor who is a
resident of a manufactured housing park who is not a member of the Mobile/
Manufactured Homeowner and Tenants Association of New Hampshire;
(5) One member of the New Hampshire Bar
Association, appointed by the President of such association; and
(6) Two members of the House of Representatives,
appointed by the Speaker of the House.
(b) Except for the legislative members, each
person shall serve for a 3 year term
and until a successor is appointed.
(c) The legislative members shall serve terms
which are coterminous to their terms in the general court.
(d) The chairperson, vice chairperson and
recording secretary shall be chosen from among the members and shall serve at
the pleasure of the members of the board.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man
102.02 Board's Operation. The Board's office location and address is as follows:
Board
of Manufactured Housing
NH Joint Board of
Licensure and Certification
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04; ss by #10311, eff 4-13-13
Man
102.03 Board's Duties and Powers.
(a) The responsibilities of the board include:
(1) Adopting rules under RSA 205-A:31; and
(2) Providing an impartial resolution to matters
arising under RSA 205-A:2, RSA 205-A:7, and RSA 205-A:8, through hearing
procedures established under Man 200.
(b)
For each case file, the board's docket sheet shall be the official list
of all actions and filings. The records
of the board shall be maintained at the office of the board of manufactured
housing in accordance with RSA 205-A:29.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04
Man 102.04 Review of
Complaint.
The board shall designate a party or committee for a preliminary
screening review of a complaint pursuant to Man 201.14 (d).
Source. #8208,
eff 11-20-04 (formerly Man 102.03)
PART Man 103 INFORMATION
Man
103.01 Contact Information. The board may be contacted by calling the
board's office at (603) 271-2219, or accessing its
website at www.state.nh.us/nhmhb.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6161, eff 1-4-96; ss by #8027,
INTERIM, eff 1-17-04, EXPIRED: 7-15-04; ss by #8208, eff 11-20-04; ss by #10311, eff 4-13-13
CHAPTER Man 200 RULES OF PROCEDURE
PART
Man 201 RULES APPLICABLE TO ALL
PROCEEDINGS
Man 201.01 Purpose. The purpose of this chapter is to provide
rules of practice and procedure for adjudicative proceedings conducted by the
board and to promote the just, consistent and efficient handling of all
proceedings before the board. The
provisions of these rules are intended to supplement the procedures established
by RSA 541-A and procedures established under RSA 205-A:25 et seq.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
Man 201.02 Applicability. The rules in this chapter shall apply to any
adjudicative proceeding conducted by the board with respect to complaints filed
pursuant to RSA 205-A:27.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
PART
Man 202 DEFINITIONS
Man 202.01 Definitions.
(a) "Adjudicative proceeding" means
"adjudicative proceeding" as defined in RSA 541-A: 1,
(b) "Agency" means "agency" as
defined by RSA 541-A:1, II, namely, "each state board, commission,
department, institution, officer, or any other state official or group, other
than the legislature or the courts, authorized by law to make rules or
determine contested cases."
(c) "Appearance" means a written
notification to the agency that a party or a party's representative intends to
actively participate in a hearing.
(d) "Board" means the board of
manufactured housing which is the agency to which these rules apply.
(e)
"Chairperson" means that individual member of the board chosen
by the members pursuant to RSA 205-A:25 III.
(f)
"Complainant" means a "person" who becomes a
"party" by filing a complaint with the board.
(g)
"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."
(h)
"Filing" means the delivery of a document by hand, express or
overnight mail, courier service, first class mail postage
prepaid or any other means resulting in its actual receipt by the board
clerk.
(i)
"Filing date" means the date a document is received by the
board clerk.
(j) "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.
(k)
"Motion" means a request to the presiding officer for an order
or ruling directing some act to be done in favor of the party making the
motion, including a statement of justification or reasons for the request.
(l)
"Natural person" means a human being.
(m)
"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," consistent with RSA
205-A:28.
(n)
"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."
(o)
"Person" means "person" as defined by RSA 541-A:1,
XIII, namely, "any individual, partnership, corporation, association,
governmental subdivision, or public or private organization of any character
other than an agency."
(p) "Presiding officer" means the
presiding officer as defined in RSA 541-A:1, XIV, namely, "that individual
to whom the agency has delegated the authority to preside over a
proceeding."
(q)
"Proof by a preponderance of the evidence" means a
demonstration by admissible evidence that a fact or legal conclusion is more
probable than not to be true.
(r)
"Record" means, in a contested case, the materials set forth
in RSA 541-A:31, VI.
(s)
"Recording secretary" means that individual member chosen by
the board members who shall serve at the pleasure of the members of the board
to record in writing the minutes of all board meetings which shall be subject
to approval by the board.
(t)
"Respondent" means the "person" against whom a
complaint is filed with the board and who becomes a "party" thereby.
(u)
"Rulemaking petition" means a petition made pursuant to RSA
541-A:4, I.
(v)
"Vice-chairperson" means that individual member chosen by the
board members who shall serve at the pleasure of the members of the board.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
PART
Man 203 COMPLAINT PROCEDURE
Man 203.01 Procedure for Filing a Complaint
(a)
At least 5 days prior to filing a complaint, the potential complainant
shall, in writing, notify the party against whom the
complaint may be filed of the condition which would constitute the basis for
the complaint. The potential complainant
shall make a good faith attempt to resolve the matter without filing a
complaint. Any complaint filed with the
board shall include a statement certifying that the complainant has complied
with this requirement pursuant to Man 401.01(b).
(b)
The complainant shall obtain Board of Manufactured Housing Complaint
Form from the board clerk and complete Section I - Complaint, pursuant to Man
401.
(c)
Upon completion of Section I - Complaint, the complainant shall:
(1) File the Section I -
Complaint with the board along with a nonrefundable $25.00 filing fee payable
to "Treasurer, State of
(2) On the same day, mail or deliver one copy of
the completed Section I - Complaint including Section II - Response to the
respondent.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
Man 203.02 Procedure for Filing a Response.
(a)
Upon receipt of the Section I -Complaint and
Section II- Response from the complainant, the respondent shall:
(1) Complete the Section
II - Response and file the same with the board within 14 days of receipt; and
(2) On the same day of
filing with the board, mail or deliver one copy of the Section I - Complaint including the completed Section II
- Response to the complainant.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
Man 203.03 Initial Review By Board.
(a)
Upon receipt of a complaint the board shall review the complaint to
determine that all requirements of
(b)
If the board determines the complaint meets the requirements of Man
203.03 (a), the board clerk shall notify the parties and shall by notice,
schedule the matter for hearing within 60 days from receipt.
(c)
If the board determines not to proceed with the complaint, the board
shall notify the parties by an order
to dismiss which shall include specific explanations
for its reason or reasons for that action, after which the complainant shall
have the opportunity to amend.
(d)
If the board later accepts an amended complaint
it shall rescind the order to dismiss, notify the parties, and shall schedule
the matter for hearing.
(e)
If the board decides not to accept the complaint, after amendment, the
board shall issue a written order which may be appealed to superior court in
accordance with
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
PART
Man 204 PRESIDING OFFICER; WITHDRAWAL;
AND WAIVER OF RULES
Man 204.01 Presiding Officer; Appointment; Authority.
(a) All hearings shall be conducted before a majority of the board. The chairperson, or in his or her
absence or unavailability, the vice-chairperson, shall serve as presiding
officer.
(b) A presiding officer shall as necessary:
(1)
Arrange for a mediator to resolve
disputes informally;
(2)
Regulate and control the course of a
hearing;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(6) Question any person who testifies;
(7) Admit testimony by offer of proof, provided
the witness is present at the hearing and available to testify or to be
questioned by the opposing party;
(8) Provide an opportunity for questioning by all
board members attending the hearing.
(9) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI; and
(10)
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. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
Man 204.02 Withdrawal of Presiding Officer or Board
Member.
(a) Upon his or her own initiative or upon the
motion of any party, a presiding officer or board member shall, for good cause,
withdraw from any hearing.
(b) Good cause shall exist if a presiding officer
or board member:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship,
within the third degree of relationship, with any party;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c)
Mere knowledge of the issues, the parties or any witness shall not
constitute good cause for withdrawal.
Source. #8286-A,
eff 2-16-05
Man 204.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
his or her own initiative or upon the motion of any party, shall suspend or
waive any requirement or limitation imposed by this chapter upon reasonable
notice to affected persons when the proposed waiver or suspension appears to be
lawful, and would be more likely to promote the fair, accurate and efficient
resolution of issues pending before the board than would adherence to a
particular rule or procedure.
Source. #8286-A,
eff 2-16-05
Man 204.04 Communications with the Board.
(a)
All communications to the board shall be addressed to the board clerk or
his/her designee and not to the presiding officer or any individual board
member.
(b) All requests for an order or ruling shall be
made by motion in accordance with Man 207
Source. #8286-A,
eff 2-16-05
PART
MAN 205 FILING; FORMAT; AND DELIVERY OF
DOCUMENTS
Man
205.01 Date of Issuance or Filing. All written documents governed by these rules
shall be rebuttably presumed to have been issued on the date noted on the
document and to have been filed with the board on the actual date of receipt by
the board, as evidenced by a date stamp placed on the document by the board in
the normal course of business.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A,
eff 2-16-05
Man 205.02 Format of Documents.
(a) All correspondence, pleadings, motions or
other documents filed under these rules shall:
(1)
Include the title and docket number of
the proceeding, if known;
(2)
Be typewritten or clearly printed on
durable paper 8 1/2 by 11 inches in size;
(3)
Be signed by the party or proponent of
the document, or, if the party appears by a representative, by the
representative; and
(4)
Include a statement certifying that a
copy of the document has been mailed or delivered to all parties to the proceeding.
(b) A party or representative's signature on a
document filed with the board shall constitute certification that:
(1) That the signer has read the document;
(2) That the facts in the document are true to
the best of the signer's knowledge formed after reasonable inquiry; and
(3) That the document is not submitted for any
improper purpose, such as to harass, to cause unnecessary delay, or to
needlessly increase the litigation costs.
(c)
RSA 641:3 shall apply to all submitted documents.
Source. #8286-A,
eff 2-16-05
Man 205.03 Delivery of Documents.
(a) Copies of all complaints, responses, motions,
exhibits, memoranda, or other documents filed by any party to a proceeding
governed by these rules shall be delivered by that party to all other parties
to the proceeding.
(b) All notices, orders, decisions or other
documents issued by the presiding officer or board shall be delivered to all
parties to the proceeding.
(c) Delivery of all documents relating to a
proceeding shall be made by hand, express or overnight mail, courier service,
or by depositing a copy of the document, by first class mail, postage prepaid,
in the
(d) When a party appears by a representative,
delivery of a document to the party's representative at the address stated on
the appearance filed by the representative shall constitute delivery to the
party.
Source. #8286-A,
eff 2-16-05
PART
Man 206 TIME
Man 206.01 Computation of Time.
(a) Unless otherwise specified, all time periods
referenced in this chapter shall be calendar days.
(b) Computation of any period of
time referred to in these rules shall begin with the day after the
action which sets the time period in motion, and shall include the last day of the period so
computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday or legal holiday, then the time
period shall be extended to include the first business day following the
Saturday, Sunday or legal holiday.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New.
#8286-A,
eff 2-16-05
PART Man 207 MOTIONS
Man 207.01 Motions; Objections.
(a)
Motions shall be in written form and filed with the board, unless made
in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time
to prepare a written motion.
(b)
Oral motions and any oral objection to such motions shall be recorded in
full in the record of the hearing. If the presiding officer finds that the
motion requires additional information in order to be
fully and fairly considered, the presiding officer shall direct the moving
party to submit the motion in writing, with supporting information.
(c)
The moving party shall make a good-faith attempt to obtain concurrence
from the opposing party in the relief sought, except for dispositive motions or
other motions where it can reasonably be assumed the moving party will be
unable to obtain concurrence. The motion
shall recite compliance with this paragraph.
(d)
Unless apparent from the record or agreed upon by the parties, the board
shall not rely upon any facts in deciding a motion unless the facts and
documents relied on in the motion are submitted with a statement certifying
truthfulness, subject to the penalties of RSA641:3.
(e)
Objections to written motions shall be filed within 14 days of the date
of the motion.
(f) Failure by an opposing party to object
to a motion shall not in and of itself constitute grounds for granting the
motion.
(g)
Supporting memoranda and documents shall be filed with the motion
or objection.
(h)
The presiding officer shall rule upon a motion after full consideration
of all objections and other factors relevant to the motion. Motions shall be
decided with or without an oral hearing. An oral hearing shall be granted on the
presiding officer's own initiative or upon a party's request when the presiding
officer concludes an oral hearing will materially assist him or her or the
board or is required to comply with the law.
Source. #8286-A,
eff 2-16-05
PART Man 208 NOTICE OF HEARING; APPEARANCE; PREHEARING
CONFERENCE
Man 208.01 Commencement of Hearing. A hearing shall be commenced by an order of
the board by giving notice to the parties as required by Man 208.03.
Source. #8286-A,
eff 2-16-05
Man 208.02 Docket Numbers. A docket number shall be assigned to each
matter to be heard which shall appear on the notice of hearing and all subsequent
orders or decisions of the board.
Source. #8286-A,
eff 2-16-05
Man 208.03 Notice of Hearing.
(a)
A notice of a hearing issued by the board shall contain the information
required by RSA 541-A:31, III, namely:
(1) A statement of the time, place and nature of
any hearing;
(2) A statement of the
legal authority under which a hearing is to be held;
(3) A reference to the particular
statutes and rules involved including this chapter;
(4) A short and plain statement of the issues
presented;
(5) A statement that each party has the right to
have an attorney represent them at their own expense; and
(6) A statement that a party's failure to appear
at the hearing may result in dismissal, or default judgment, and in the case of
default, that the matter may immediately proceed to hearing on the merits.
Source. #8286-A,
eff 2-16-05
Man 208.04 Appearances and Representation.
(a)
A party or the party's representative shall file an appearance that
includes the following information:
(1) A brief identification of the matter by name
and docket number, if known;
(2) A statement as to whether
or not the representative is an attorney, and if so, whether the
attorney is licensed to practice in
(3) The party or representative's daytime address
and telephone number.
Source. #8286-A,
eff 2-16-05
Man 208.05 Withdrawal of Appearance.
(a)
An attorney or agent may withdraw by filing a withdrawal-of-appearance
motion with the board, and providing copies to the
client and all other parties. The withdrawal motion shall include the party's
current address and phone number.
(b)
The motion to withdraw appearance shall be granted if the board
determines that:
(1) There are no pending motions;
(2) No hearing date has been set; and
(3) Justice will not be delayed.
(c)
Any objection to a withdrawal-of-appearance motion shall be filed within
14 days of the filing of the withdrawal-of-appearance motion and shall state
with specificity the reasons for objecting.
The objection shall be sustained only if the proceeding has progressed
to such a stage that allowing withdrawal would be unduly prejudicial to any
party or would unduly delay the board's hearing of the complaint.
(d) Whenever an attorney or agent
withdraws from an action and no other appearance is entered, all future
communications shall be sent to the party.
Source. #8286-A,
eff 2-16-05
Man 208.06 Conduct of Parties, Attorneys and Agents. Parties, attorneys and agents shall conduct
themselves in a truthful and respectful manner in all of
their dealings with the board and other parties, attorneys and agents.
Source. #8286-A,
eff 2-16-05
Man 208.07 Joinder and Substitution of Parties and
Consolidation of Actions.
(a)
If the property subject to a proceeding is conveyed while an action is
pending, the original party shall continue to be a party, unless the board, on
its own motion or upon a motion by the original party and after notice, directs
the person to whom the interest has been transferred to be substituted for or
joined with the original party. Parties
claiming entitlement to their predecessor's rights, such as the predecessor's
filing of complaint, shall file an assignment of rights from the predecessor to
the grantee of the transfer which shall be signed by the predecessor.
(b)
In exercising its discretion to permit joinder or substitution of a
party the board shall determine that all of the
following factors are present::
(1) That the new owner party has agreed to the
substitution or joinder;
(2) That the new party is in an advantageous
position to present important facts or legal argument to the board;
(3) That the board's decision will substantially
affect the new party's rights or privileges; and
(4) That the joinder of the new party will aid
the fair, accurate and efficient resolution of the issues.
(c)
In actions involving common questions of law or fact the presiding
officer shall upon motion or his or her own initiative:
(1)
Consolidate part of or all of the actions,
including consolidation for hearings and decisions; and
(2)
Make such orders concerning proceedings therein to avoid unnecessary
costs or delay.
Source. #8286-A,
eff 2-16-05
Man 208.08 Prehearing Conference. Any party may request, or the presiding
officer shall schedule on his or her own initiative, a prehearing conference in
accordance with RSA 541-A:31, V to consider:
(a)
Offers of settlement;
(b)
Simplification of the issues;
(c)
Stipulations or admissions as to issues of fact or proof by consent of
the parties;
(d)
Limitations on the number of witnesses;
(e)
Changes to standard procedures desired during the hearing by consent of
the parties;
(f)
Consolidation of examination of witnesses; or
(g)
Any other matters which aid in the disposition of the proceeding.
Source. #8286-A,
eff 2-16-05
Man 208.09 Continuances.
(a)
Any party to a hearing may make an oral or written motion for a
continuance requesting that a hearing be postponed to a later date or time.
(b)
Requests to continue a hearing shall:
(1) Be filed no later than 14 days prior to the
date of the hearing as set forth in the hearing notice except when a later
filing is justified by accident, mistake, or misfortune;
(2) State with specificity the reason for the
continuance request;
(3) As applicable, comply with Man 208.09 (d),
(e) and (f) below;
(4) State whether the other party consents to the
continuance,
(5) State when the matter can be rescheduled; and
(6) If filed by an attorney or agent, state:
a. The client has been advised of the
continuance request and the reasons therefor;
b. The client has been sent a copy of the
continuance motion; and
c. The client has consented to the continuance.
(c)
The board shall not be bound by the other party's concurrence to the
continuance request but shall decide the continuance based on circumstance
conveyed by the request.
(d) If the continuance request is based on
a conflicting court or other tribunal's hearing, the motion shall state:
(1) The date and time, case name, docket number
and court or tribunal of the other matter;
(2) The substance of the other hearing;
(3) Whether a continuance of the other matter has
been sought and the results of that request; and
(4) Whether anyone else could cover either the
board's hearing or the other hearing.
(e)
If the continuance request is based on inability to procure or present
material evidence, by testimony or by documents, the motion shall:
(1) State the name of the witness or document;
(2) State the nature of the evidence;
(3) State the reason for its unavailability;
(4) State the steps taken to procure the evidence
for the hearing; and
(5) Include a statement that the other party has
been consulted about whether the evidence can be received without live
testimony.
(f)
If the continuance request is based on illness or injury, the motion
shall state sufficient medical information to allow the board to determine
whether a continuance is warranted. This
information shall include the nature of the illness or injury and the name and
address of the treating physician.
Special exception shall be made when the untimeliness of the sickness or injury precludes the 14
day requirement as set forth in (b) (1) above.
(g)
If a continuance is requested by a party to the hearing, it shall be
granted if the presiding officer determines that good cause has been
demonstrated. Good cause shall include the unavailability of parties, witnesses
or attorneys necessary to conduct the hearing, the likelihood that a hearing
will not be necessary because the parties have reached a settlement or any
other circumstances that demonstrate that a postponement would assist in
resolving the case fairly.
(h)
If the later date, time, and place are known at the time of the hearing
that is being postponed, the date, time and place shall be stated on the
record. If the later date, time and place are not known at the time of the
hearing that is being postponed, the presiding officer shall issue a written
scheduling order stating the date, time, and place of the postponed hearing as
soon as practicable.
Source. #8286-A,
eff 2-16-05
Man 208.10 Failure to Attend Hearing. If any party to whom notice has been given in
accordance with Man 208.03 fails to attend a hearing, the presiding officer
shall declare that party to be in default and shall either:
(a)
Dismiss the case, if the party with the burden of proof fails to appear;
or
(b)
Rule that the board hear the testimony and receive the evidence offered
by a party, if that party has the burden of proof in the case and issue a
decision on the merits.
Source. #8286-A,
eff 2-16-05
PART Man 209 REQUESTS FOR INFORMATION AND DOCUMENTS
Man 209.01 Voluntary Production of Information.
(a)
Each party shall attempt in good faith to make complete and timely
response to requests for the voluntary production of information or documents
relevant to the hearing.
(b)
When a dispute between parties arises concerning to a request for the
voluntary production of information or documents, any party may file a motion
to compel the production of the requested information under Man 209.02.
Source. #8286-A,
eff 2-16-05
Man 209.02 Motions to Compel Production of
Information.
(a)
Any party may make a motion requesting that the presiding officer order
the parties to comply with information requests. 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 hearing if such notice is issued less than 30
days in advance of the hearing.
(b)
The moving party's motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c)
When a party has demonstrated that such requests for information are
necessary for a full and fair presentation of the evidence at the hearing, the
presiding officer shall grant the motion.
Source. #8286-A,
eff 2-16-05
Man 209.03 Mandatory Pre-Hearing Disclosure of
Witnesses and Exhibits. At least 5
days before the hearing the parties shall exchange a list of all witnesses to
be called at the hearing with a brief summary of their
testimony, a list of all documents or exhibits to be offered as evidence at the
hearing, and nine copies of each document or exhibit.
Source. #8286-A,
eff 2-16-05
PART Man 210 RECORD; PROOF; EVIDENCE; AND DECISIONS
Man 210.01 Record of the Hearing.
(a)
The board shall record the hearing by electronic media that will provide
a verbatim record. The board secretary shall also record written minutes of all
board meetings. The electronic record along with the minutes shall be the
official record of the board.
(b)
If any person requests a transcript of the electronic record, the board
shall cause a transcript to be prepared and, upon receipt of payment for the
cost of the transcription, shall provide copies of the transcript to the
requesting party.
(c)
Electronic media shall be available for inspection and recording. Parties shall contact the board to arrange a
time to inspect or record the media.
Parties may copy electronic media with their own recorder under the
supervision of the clerk or other designated person without a fee, but such
electronic media shall not be an authorized copy for any purpose other than
reference by the recording party.
(d)
Parties may request in writing copies of electronic media or
minutes. Such request shall be
accompanied by the fee stated in Man 301.01 (a) (2).
(e)
Electronic media shall be maintained for 45 days following a final
decision that was not appealed. If an
appeal is taken, electronic media shall be maintained until a decision is
issued by the court.
Source. #8286-A,
eff 2-16-05; ss by #10312, eff 4-13-13
Man 210.02 Standard and Burden of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
Source. #8286-A,
eff 2-16-05
Man 210.03 Testimony; Order of Proceeding.
(a)
Any person offering testimony, evidence or arguments shall state for the
record his or her name and role in the proceeding. If the person is representing another person, the person being represented
shall also be identified.
(b)
Testimony shall be offered in the following order:
(1) The party or parties bearing the burden of
proof and such witnesses as the party may call; and
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
Source. #8286-A,
eff 2-16-05
Man 210.04 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33
and RSA 205-A:27, IV (c).
(b)
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.
(c)
The party offering such documents, materials, and objects as exhibits
shall have the original marked with a copy to the opposing party and 10
additional copies to be offered with the original. Additional copies
shall not be
required for photographs, maps, or other documents that are not easily copied.
(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 and documents or other materials, admitted into
evidence shall be public records unless the presiding officer determines that
all or part of a transcript or document is exempt from disclosure under RSA
91-A:5 or applicable case law.
Source. #8286-A,
eff 2-16-05
Man 210.05 Proposed Findings of Fact, Conclusions of
Law, and Memorandum of Law.
(a)
Any party may submit proposed findings of fact
and conclusions of law and memorandum of law to the board before the close of a
hearing.
(b)
Upon request of any party, or, if the presiding officer determines that
proposed findings of fact and conclusions of law would serve to clarify the
issues presented at the hearing, the presiding officer shall specify a date
after the hearing for the submission of proposed findings of fact and
conclusions of law.
(c)
Requests for findings and rulings shall consist of separately numbered
paragraphs with only one finding or ruling per paragraph. Requests that contain multiple findings or rulings
shall be marked "neither granted nor denied."
(d)
Parties shall be limited to a combined total of 25 requests for findings
of fact and/or rulings of law. The presiding officer may grant additional
requests for findings of fact and/or rulings of law upon good cause shown. Good
cause shall include any circumstance that demonstrates that the grant of leave
to file additional requests is necessary to a full and fair consideration of the issues, would assist
the board in better understanding the issues and in resolving the case fairly
and expeditiously.
(e)
The party filing requests for findings of fact, conclusions of law, and
memorandum of law shall file the original and 9 copies with the board with a
certification that a copy was provided to other parties.
(f)
In any case where proposed findings of fact and conclusions of law are
submitted, the decision shall include rulings on the proposals.
Source. #8286-A,
eff 2-16-05
Man 210.06 Closing the Record.
(a)
After the conclusion of the hearing, the record shall be closed and no
other evidence shall be received into the record, except as allowed by
paragraphs (b) of this section and Man 210.07.
(b)
Before the conclusion of the hearing, a party may request that the
record be left open to allow the filing of specified evidence not available at
the hearing. If the other parties to the hearing have no objection or if the
presiding officer determines that such evidence is necessary to
a full consideration of the issues raised at the
hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.
Source. #8286-A,
eff 2-16-05
Man 210.07 Reopeninq
the Record. At any time prior to the
issuance of the decision on the merits, the presiding officer, on the presiding
officer's own initiative or on the motion of any party, shall reopen the record
to receive relevant, material and non-duplicative testimony, evidence or
arguments not previously received, if the presiding officer determines that
such testimony, evidence or arguments are necessary to a full and fair
consideration of the issues to be decided.
Source. #8286-A,
eff 2-16-05
Man 210.08 Withdrawal of Case.
(a)
The complainant may withdraw a case by filing a written case
withdrawal. The complainant shall
provide the opposing party with a copy of the withdrawal.
(b)
The withdrawal shall be accepted and the matter marked "withdrawn;
no further action."
(c)
A withdrawal shall terminate the board's consideration of a matter, and
once the file has been so marked, the complainant shall not rescind the
withdrawal. A withdrawal shall not be
considered a board decision unless the withdrawal is filed with a settlement
agreement in accordance with Man 201.18.
Source. #8286-A,
eff 2-16-05
Man 210.09 Settlement and Stipulations.
(a)
Settlements between the parties shall be encouraged in accordance with
RSA 541-A:38. Parties shall attempt to
settle a matter before it is scheduled for a hearing and may settle a matter at
any stage of the proceedings before the board.
(b)
All settlement agreements, except those made on the record or recited in
an order, shall:
(1) Be in writing, describing the agreement's
material terms; and
(2) Be signed by both parties and their attorneys
or agents.
(c)
If a matter has been scheduled for a hearing and the parties settle with
insufficient time to file the signed settlement agreement before the hearing,
either party shall, before the hearing, call the board's clerk and inform
her/him of the settlement. The parties
shall then, within 14 days of the call to the board, file the settlement
agreement.
(d) If the settlement agreement or
stipulation is not filed, the board shall notify the parties,
that unless a party files an objection within 14 days, the docket will be
marked: "case settled; no further action."
Source. #8286-A,
eff 2-16-05
Man 210.10 Decisions.
(a)
A board member shall not participate in making a
decision unless he or she personally heard the
testimony in the case, unless the matter's disposition does not depend on the
credibility of any witness and the record provides a reasonable basis for
evaluating the testimony.
(b)
When the board makes its decision, an order shall be made in writing and
shall include findings of fact, conclusions of law, and rulings on requests
submitted under Man 210.05. The board's
findings of fact shall be accompanied by a concise and
explicit statement of the underlying facts supporting the findings. The parties shall be notified by mail of any
decision or order in accordance with RSA 541-A:35 and RSA 205-A:28, I.
(c)
If no timely appeal is taken pursuant to Man 211.04 the decision of the
board shall become final. The board
shall file a certified abstract of any final decision with the clerk of the
superior court in the county of residence of the complainant in accordance with
RSA 205-A:28, III.
(d)
The board clerk shall keep a decision on file in board's records for at
least 5 years following the date of the final decision or the date of the
decision on any appeal, unless the director of the division of archives and
records management of the department of state sets a different retention period
pursuant to rules adopted under RSA 5:40.
(e)
Upon written request, exhibits shall be available for pickup by the
party originally offering the exhibit 45 days after a final, nonappealable decision has been issued.
Source. #8286-A,
eff 2-16-05
PART Man 211 REHEARINGS AND APPEALS
Man 211.01 Filing and Content of Motion for Rehearing.
(a)
A motion for rehearing shall be filed within 30 days of the date of a
board decision or order.
(b)
A motion for rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the board's
decision to be unlawful, unjust or unreasonable, or illegal in respect to
jurisdiction, authority or observance of the law, an abuse of discretion or
arbitrary unreasonable or capricious;
(3) State concisely the factual findings,
reasoning, or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #8286-A,
eff 2-16-05
Man 211.02 Standard for Granting Motion for Rehearing.
(a)
A motion for rehearing in a case subject to appeal under RSA 205-A:28,
II shall be granted if it demonstrates that the board's decision is unlawful,
unjust or unreasonable.
(b)
A motion for rehearing in a case subject to appeal to the superior court
shall be granted if it demonstrates that the board's decision is illegal in
respect to jurisdiction, authority or observance of law, an abuse of discretion
or arbitrary, unreasonable or capricious.
Source. #8286-A,
eff 2-16-05
Man 211.03 Decision on Motion for Rehearing. The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further
consideration at the next scheduled board meeting after receipt of the motion
for rehearing.
Source. #8286-A,
eff 2-16-05; ss by #10312, eff 4-13-13
Man 211.04 Appeal. Any person aggrieved by the board's decision
to deny a rehearing or by the board's decision after rehearing may appeal to
the Superior Court in accordance with RSA 205-A:28, II and the procedures set
forth in RSA 677:2 through RSA 677:14.
Source. #8286-A,
eff 2-16-05
PART Man 212 RULES GOVERNING PETITIONS FOR RULE CHANGES
Man 212.01 Petitions for Rule Changes.
(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. #8286-A,
eff 2-16-05
Man 212.02 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 if the adoption,
amendment or repeal sought would not 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. #8286-A,
eff 2-16-05
PART Man 213 PUBLIC COMMENT HEARINGS
Man 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. #8286-A,
eff 2-16-05
Man 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 Man 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.
(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. #8286-A,
eff 2-16-05
Man 213.03 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. #8286-A,
eff 2-16-05
Man 213.04 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. #8286-A,
eff 2-16-05
Man 213.05 Conduct of Public Comment Hearings.
(a)
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.
(b)
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
Man 213.03 and Man 213.04;
(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.
(c)
A hearing shall be postponed in accordance with RSA 541-A:11, IV when:
(1) The weather is so inclement that it is
reasonable to conclude that people wishing to attend the hearing will be unable
to do so;
(2) The board chair or other person designated by
the board 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.
#8286-A,
eff 2-16-05
PART Man 214 DECLARATORY RULING
Man 214.01 Petition for Declaratory Ruling. Any person may apply to the board for a
declaratory ruling as to the applicability of any statute pertaining to the
board or any rule of the board in accordance with the following:
(a)
Any applicant for a declaratory ruling shall submit in writing a
detailed request for a declaratory ruling setting forth the statute or rule of
which the applicability is questioned, the interest of the applicant, and the
activity in question. Such applications
shall be printed or typed, and legible.
(b)
The application shall be signed by the applicant
and he shall include his address or an address at which he can receive
correspondence.
Source. #8286-A,
eff 2-16-05
Man 214.02 Response to Petition. Within 30 days, the board shall prepare a
written ruling providing a response to the request and the reasons for the
response, unless it is determined by the board that an answer to the questions
necessitates referral of the matter to the attorney general, in which case the
chairman shall provide this ruling within 5 days of receipt of an opinion or
other response of the attorney general.
Referrals to the attorney general shall be made no later than 15 days following receipt of an
application under this regulation.
Source. #8286-A,
eff 2-16-05
Man 214.03 Inadequate Petition. In the event the board determines that any
application provides insufficient information upon which to make the requested
ruling, or fails to comply with Man 214.01, it shall within 15 days return the
application to the applicant with a statement indicating the nature of the
deficiencies.
Source. #8286-A,
eff 2-16-05
PART
Man 215 EXPLANATION OF ADOPTED RULES
Man 215.01 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 individual 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. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
Man 215.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Man 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
(c)
States, if the board did so, why the board
overruled any arguments and considerations presented against the rule.
Source. #8286-B, eff 2-16-05; ss by #10312, eff 4-13-13
CHAPTER
Man 300 BOARD OF MANUFACTURED HOUSING
FEES
PART
Man 301 BOARD OF MANUFACTURED HOUSING
FEES
Man 301.01 Fees.
(a)
Fees shall be as follows:
(1) A complaint filing fee shall be $25.00 in
accordance with
(2) Authenticated copies of hearing recordings
shall be available at a cost of $30.00 per electronic media; and
(3) There shall be a charge of $0.20 per copy
page for all public documents.
Source. #6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96;
ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 301.02 Waiver of Fee. When a party is financially unable to pay any
fee, that party may file a request for waiver of the fee which request shall
include either a copy of the party’s most recent tax return or a signed
financial affidavit that lists current income and expenses and assets and
debts. The board shall grant the waiver
if the board determines that the party’s expenses exceed their income or their
debts exceed their assets.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
CHAPTER
Man 400 BOARD OF MANUFACTURED HOUSING
FORMS
PART
Man 401 BOARD OF MANUFACTURED HOUSING
COMPLAINT FORM
Man 401.01 Complainant.
(a)
On the complaint form the tenant or manufactured housing park owner
shall list the following:
(1) Name;
(2) Mailing address; and
(3) Telephone numbers at home and work.
(b)
In accordance with Man 203.01 (a), the complainant shall complete a
statement certifying that at least 5 days prior to submission of this
complaint, the complainant notified the respondent in writing of the conditions
constituting this complaint and has made a good faith attempt to resolve the
matter without filing a formal complaint.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.02 Representative. Any representative if other than tenant or
manufactured park owner shall comply with Man 401.01 in addition to submitting
the following:
(a)
Representative's name;
(b)
Representative's mailing address; and
(c)
Representative's telephone number at home and work.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.03 Properties Affected by Complaint.
(a)
The complainant shall include on or with complaint form Section I – Complaint a brief
description of the manufactured housing park, its location, the existing number
of homesites, and the number of future homesites if more are planned.
(b)
The complainant shall submit the following information relating to the
respondent named in this complaint:
(1) Respondent's name;
(2) Respondent's mailing address; and
(3)
Respondent's telephone number at home and work.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.04 Reason for Complaint. The complainant shall have the burden of proof, therefore, he/she shall state with specificity the
reasons supporting his/her complaint.
The complainant shall list each complaint citing
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.05 Manufactured
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.06 Certifications by Complainant. By signing the complainant shall certify under the
penalties of
(a)
All of the facts contained in this complaint are complete and truthful
to the best of the signer's knowledge; and
(b)
A completed copy of the complaint form has been mailed or delivered to
the respondent on the same date that the complaint is filed with the board.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.07 Certification and Appearance by
Representative. By signing the
complainant's representative shall certify under the penalties of
(a)
All certifications made pursuant to Man 401.06 are true;
(b)
The complainant has authorized this representation; and
(c)
A copy of this complaint form was sent to the complainant.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 401.08 Complainant Filing Instructions.
(a)
One copy of the completed Section I – Complaint shall be filed with the
board along with a nonrefundable $25.00 filing fee payable to "Treasurer,
State of
(b)
On the same day, one copy of the completed Section I – Complaint
including Section II - Response shall be mailed, or
delivered to the respondent for response to the specifications of the
complaint.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
PART
Man 402 BOARD OF MANUFACTURED HOUSING
RESPONDENT FORM
Man 402.01 Receipt of Complaint Form by Respondent. Upon receipt of a complaint form from the
complainant, the respondent shall:
(a)
Complete the Section II - Response and file the
same with the board within 14 days of receipt.
(b)
On the same day of filing with the board mail or deliver
one copy of the Section I - Complaint including the
completed Section II - Response to the complainant.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 402.02 Respondent. The respondent shall submit the following
information on Section II - Respondent:
(a)
Respondent's name;
(b)
Respondent's mailing address; and
(c)
Respondent's telephone number at home and work.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 402.03 Manufactured
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 402.04 Rebutting Statement by Respondent. The respondent shall state with specificity
the reasons for rebutting the complaint as specified in Man 401.04. The respondent shall list each rebuttal
statement citing
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 402.05 Certification by Respondent. By signing, the respondent shall certify
under the penalties of
(a)
All of the facts contained in this rebuttal are complete and truthful to
the best of the signer's knowledge; and
(b)
A completed copy of Section II - Respondent has been mailed or delivered
to the complainant on the same day.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 402.06 Certification and Appearance by Respondent
Representative.
(a)
By signing below, the respondent's representative shall certify under
the penalties of
(1) All certifications in Man 402.04 and Man
402.05 are true;
(2) The respondent has authorized this
representation; and
(3) A copy of this form was sent to the
respondent.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05; ss by #10313, eff 4-13-13
Man 402.07 Respondent Filing Instructions.
(a)
The respondent shall file the completed rebuttal statements of the
complaint form with the board within 14 days of receipt of the complaint form.
(b)
On the same day of filing with the board the
respondent shall mail or deliver one copy of the rebuttal statements to the
complainant.
(c)
Failure to timely file will constitute a default and the board shall
default the respondent pursuant to Man
208.10.
Source. #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8029, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8287, eff 2-16-05 ss by #10313, eff 4-13-13
Appendix
|
Provision of the Proposed Rule |
Specific State Statute which the Rule is Intended
to Implement |
|
Man 101.01 |
RSA 205-A:1 |
|
Man 101.02 |
RSA 541-A:7 |
|
Man 101.03 |
RSA 205-A:25,
I |
|
Man 101.04 -
101.07 |
RSA 541-A:7 |
|
Man 102 |
RSA
205-A:25-30 |
|
Man 102.02 |
|
|
Man 103 |
RSA 91-A:4,
IV; 541-A:16, I(a) |
|
Man 103.01 |
|
|
|
|
|
Man
201 |
RSA
205-A:25-27-28 |
|
Man
202 |
RSA
541-A: 30-a II, V |
|
Man
203 |
RSA
205-A: 28 I |
|
Man
204 |
RSA
541-A:29-39 |
|
Man
205 |
RSA
541-A:29-35 |
|
Man
206 |
RSA
541-A:29-35 |
|
Man
207 |
RSA
541-A:29-35 |
|
Man
208 |
RSA
541-A:31 |
|
Man
209 |
RSA
541-A:30-a |
|
Man
210 |
RSA
541-A:31, 33 |
|
Man
210.01 |
RSA
541-A:31, 541-A:33 |
|
Man
211 |
RSA
541-A:3-5;
677:2-14 |
|
Man
212 |
RSA 541-A:4 |
|
Man
213 |
RSA 541-A |
|
Man
214 |
RSA 541-A |
|
Man
215 |
|
|
|
|
|
Man 301 |
RSA 205-A:27,
IV(a) |
|
|
|
|
Man
401 |
|
|
Man
402 |
RSA
205-A:25-31; 205-A:2, 205-A:7; 205-A:8 |