CHAPTER Res 200 RULES OF PRACTICE AND PROCEDURES

CHAPTER Ncr 200 RULES OF PRACTICE AND PROCEDURE

PART Ncr 201 DEFINITIONS

Ncr 201.01 Definitions.

(a) “Appearance” means a written notification to the department that a party or a party’s representative intends to actively participate in a hearing.

(b) “Commissioner” means the commissioner of the department of natural and cultural resources.

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

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

(e) “Department” means the New Hampshire department of natural and cultural resources, established by RSA 12-A:1.

(f) “Evidence” means all information, other than argument, including, but not limited to, comments, reports, maps, surveys, charts, sound recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs and printouts, testimony, notes, memoranda and documents, whether finished or unfinished.

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

(h) “Motion” means a request to the presiding officer by a party for an order relating to the hearing.

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

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

(k) “Person” means “person” as defined in 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.”

(l) “Presiding officer” means “presiding officer” as defined in RSA 541-A:1, XIV, namely “that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.”

(m) “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.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 202 PETITIONS TO THE DEPARTMENT

Ncr 202.01 Petitions for Adoption, Amendment, or Repeal of a Rule.

(a) Any interested person may petition the department, through the commissioner, requesting the adoption, amendment, or repeal of a rule.

(b) Rulemaking petitions shall conform to the requirements set out in Ncr 202.03.

(1) Petitions shall be submitted to the office of the commissioner;

(2) If the commissioner decides that any petition is deficient in any respect, the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition;

(3) Within 30 days of receipt of a petition that complies with Ncr 202.03, the commissioner shall take one of the following actions:

a. Initiate the requested procedure in accordance with RSA 541-A:3 if the requested action is:

1. Within the authority of the department;

2. Consistent with and best implements state statutes affecting the department; and

3. A policy change the department determines to be in the best interest of the state to advance its joint goals of promoting economic development while protecting the natural resources and quality of life in the state; or

b. Deny the petition, in writing, stating fully the reasons for denial.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 202.02 Petitions for Declaratory Rulings.

(a) Any interested person may petition the department, through the commissioner, requesting a declaratory ruling on the applicability of any statute or rule administered or enforced by the department.

(b) Declaratory ruling petitions shall conform to the requirements set out in Ncr 202.03.

(1) Petitions shall be submitted to the office of the commissioner;

(2) If the commissioner determines that any petition is deficient in any respect, the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition; and

(3) When an acceptable petition for a declaratory ruling has been received by the commissioner, the commissioner shall take one of the following actions:

a. Issue a declaratory ruling responsive to the petition within 60 days; or

b. If deemed necessary, request the opinion of the department of justice within 20 working days, and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 202.03 Petition Requirements.

(a) Each petition for adoption, amendment, or repeal of a rule, or for declaratory ruling shall provide the following information:

(1) The name and address of the petitioner, and, if applicable, the name and address of the organization the petitioner represents;

(2) If an amendment or repeal of a rule is sought, cite the rule number and title to be amended or repealed and specify any amendments to be made;

(3) If an adoption of a new rule is sought, provide the text of the proposed rule;

(4) If a declaratory ruling is sought, cite the statute or rule and provide all information available or in his or her possession which is applicable to the declaratory ruling; and

(5) A statement detailing why the department should make such a ruling.

(b) The petition shall be addressed to the commissioner.

(d) The party, or the representative, if the party appears by a representative, shall sign and date the petition.

(e) The petition shall be mailed or hand-delivered to:

Office of the Commissioner

Department of Natural and Cultural Resources

172 Pembroke Road

Concord, New Hampshire 03301

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 203 PRESIDING OFFICER; AUTHORITY, WITHDRAWAL, AND WAIVER OF RULES

Ncr 203.01 Authority of Presiding Officer. Subject to the statutes and rules governing the department, the presiding officer shall:

(a) Schedule and hold hearings;

(b) Regulate and control the course of hearings;

(d) Receive relevant evidence;

(e) Take official notice of facts which are of common knowledge and general notoriety;

(f) Dispose of procedural requests, including adjournments or postponements, at the request of parties or on the presiding officer’s own motion;

(g) Hold prehearing conferences to aid in the prompt and efficient disposition of the proceedings;

(h) Interview and examine parties or witnesses;

(i) Consider and evaluate facts and evidence in order to make findings of fact or law;

(j) Cause a complete record of any hearing to be made; and

(k) Take any other action, consistent with applicable statutes and rules, necessary to conduct and complete the proceeding in a fair and timely manner.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 203.02 Withdrawal of Presiding Officer.

(a) Upon the presiding officer’s own initiative or upon the motion of any party, a presiding officer shall, for good cause withdraw from any hearing.

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

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

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

(3) Personally believes that the presiding officer cannot fairly judge the facts of a case.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 203.03 Waiver or Suspension of Rules by Presiding Officer. The presiding officer, upon the presiding officer’s 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 agency than would adherence to a particular rule or procedure.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 204 FILING, FORMAT, AND DELIVERY OF DOCUMENTS

Ncr 204.01 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 department, as evidenced by a date stamp placed on the document by the department in the normal course of business.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 204.02 Format of Documents.

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

(1) Be typewritten;

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

(3) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Ncr 204.03.

(b) A party’s or representative’s signature on a document filed with the department 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. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 204.03 Delivery of Documents.

(a) Copies of all petitions, motions, exhibits, memorandum, 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 department shall be delivered to all parties to the proceeding.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the department by the party.

(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. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 205 TIME PERIODS

Ncr 205.01 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 this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

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

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 206 MOTIONS

Ncr 206.01 Motions; Objections.

(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 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.

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

(e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 207 NOTICE AND SCHEDULING OF HEARING; POSTPONEMENT; FAILURE TO APPEAR

Ncr 207.01 Commencement of Hearing. A hearing shall be commenced by an order of the department giving notice to the parties as required by Ncr 207.02.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 207.02 Notice of Hearing.

(a) In this chapter, all notice of hearings shall:

(1) Be prepared and forwarded so as to afford all parties sufficient opportunity to prepare for and develop the issues to be considered and decided at the hearing;

(2) Be prepared in writing and forwarded to the parties in a sealed envelope, either through the United States mail or by personal service; and

(3) Be forwarded to a representative if the representative has filed an appearance on behalf of a party.

(b) All notice of hearings shall contain the following:

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

(2) The legal authority under which the hearing is to be held;

(3) A brief description of the reasons which have caused said hearing to be called, to include identification of any statute or rule allegedly violated by the party being notified;

(4) Notice of the existence and availability of rules relative to the conduct of the hearing, and the place said rules may be obtained;

(5) The necessity, if any, to produce documents or other articles of evidence at the hearing;

(6) A statement that each party has the right to have an attorney represent them at their own expense; and

(7) The consequence of failing to appear at the hearings as directed.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 207.03 Scheduling of Hearing. Unless otherwise provided for by statute or rule, hearings shall be scheduled as soon as practicable following the events giving rise to the necessity for such hearing. The date set for the hearing shall allow sufficient and reasonable time for preparation of the case by the department and all parties.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 207.04 Postponements.

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

(b) If a postponement 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.

(c) 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. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 207.05 Failure to Appear.

(a) Except as provided in (b), if a party to whom notice has been served in accordance with this chapter fails to appear at a hearing and fails to advise the department of non-appearance prior to the scheduled time of the hearing, the party shall have a decision rendered against them which shall result in adverse administrative action by default.

(b) There shall be no decision rendered against said party if, within 7 days of the originally scheduled hearing, the party can show good cause for failing to appear at the hearing. Good cause shall include illness, accident, death of a family member, or similar problem beyond the party’s control.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 208 PREHEARINGS AND SETTLEMENTS

Ncr 208.01 Prehearing Conferences.

(a) Upon motion of any party, or upon the presiding officer’s own motion, the presiding officer shall schedule one or more prehearing conferences prior to the commencement of the hearing. All parties shall be provided prior notice of any prehearing conference from the presiding officer.

(b) Prehearing conferences shall include, but are not limited to, consideration of the following:

(1) Offers of settlement;

(2) Simplifications of the issues;

(3) Stipulations or admissions as to issues of fact or proof by consent of the parties;

(4) Limitations on the number of witnesses;

(5) Changes to standard procedures desired during the hearing;

(6) Consolidation or examination of witnesses by the parties; and

(7) Any other matters which will aid in the disposition of the hearing.

(c) A prehearing order incorporating the matters determined at all prehearing conferences shall be issued and served to all parties.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 208.02 Settlements.

(a) Upon agreement by all parties to an offer of settlement, the presiding officer shall cause a formal document to be drawn up which specified the terms of such settlement.

(b) No settlement shall become final unless all parties sign the agreed upon document.

(d) Copies of the settlement document shall be distributed to all parties, and the original retained by the department.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 209 APPEARANCE AND REPRESENTATION; CONDUCT OF REPRESENTATION

Ncr 209.01 Representation.

(a) A party or intervenor shall have the right to represent themselves, or be represented by an attorney licensed in New Hampshire, or be represented by any individual whom they shall so designate.

(b) A party or the party’s representative shall file an appearance that includes:

(1) A brief identification of the matter;

(2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

(3) The party’s or representative’s business address and telephone number.

(c) The party or their representative shall be permitted to cross examine witnesses, and present evidence and witnesses on their own behalf.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 209.02 Conduct of Representation.

(a) Persons representing parties or intervenors in adjudicative hearings shall, by complying with (b) below, treat the process and the following persons with respect, fairness, and candor:

(1) All other participants including parties, intervenors, witnesses, and representatives; and

(2) Any person presiding over the hearing.

(b) Representatives shall:

(1) Not make a claim or assertion unless there is admissible evidence which supports such claim or assertion;

(2) Not dispute a claim or assertion made by another unless there is a good faith basis for doing so;

(3) Not, personally or through another, make a false or misleading statement of material fact or law during the course of the hearing;

(4) Not, personally or through another, inhibit or delay access to, conceal unprivileged evidence from other participants, or destroy unprivileged evidence before or during the hearing;

(5) Not, personally or through another, knowingly violate the requirements of any provision of this section, regardless of whether or not an advantage is gained thereby;

(6) Not, during the hearing:

a. Introduce, or attempt to introduce, evidence that is not relevant, unless there is a good faith basis for the belief that such evidence is relevant;

b. Assert personal knowledge of facts in issue;

c. Testify as a witness;

d. Offer their opinion as to matters at issue in the hearing, except in opening statements, closing arguments, and when requested by any person presiding over the hearing; and

e. Attempt to influence any person presiding over the hearing on an ex parte basis;

(7) Not engage in behavior that disrupts the hearing, including, but not limited to:

a. Delaying the hearing only for the sake of delay;

b. Making frivolous claims or filing frivolous motions;

c. Using language so as to be deliberately offensive or verbally abusive to any participant; and

d. Employing tactics that have no purpose other than to embarrass any participant;

(8) Not, personally or through another, contact any participant directly if the representative knows that such other person also has representation;

(9) Not, pursuant to RSA 311:7, act as a representative for another in more than 3 hearings in any 2 year period; and

(10) Not engage in any other act that is in any way dishonest or lacking in candor toward any participant or any person presiding over the hearing.

(d) If any person presiding over the hearing believes that a representative has committed misconduct during the hearing, the person shall:

(1) Warn the representative on the record, indicating the nature of the misconduct believed to have occurred, and take no further action;

(2) Inform the representative that, after the conclusion of the hearing, the person presiding over the hearing will allege misconduct by the representative; or

(3) Suspend the hearing and allege misconduct by the representative.

(e) The person presiding over the hearing shall implement:

(1) The provisions of (d)(1), above, if the misconduct alleged to have occurred does not prejudice any other participant;

(2) The provisions of (d)(2), above, if the misconduct alleged to have occurred prejudices any other participant, but action can be and is taken to mitigate any such prejudice; or

(3) The provisions of (d)(3), above, if the misconduct alleged to have occurred prejudices any other participant, but action cannot be taken to mitigate any such prejudice.

(f) Any person who, after notice and opportunity for hearing pursuant to Ncr 208, is found to have committed misconduct shall be barred from appearing as a representative before the department:

(1) For the first act of misconduct, the bar shall be for 6 months;

(2) For the second act of misconduct, the bar shall be for one year; and

(3) For the third or subsequent act of misconduct, the bar shall be permanent.

(g) Notwithstanding (f)(3), above, a representative who has been permanently barred from appearing before the department may, after 5 years from the date of the permanent bar order, petition to have the bar lifted. The petition shall provide the information required by (h), below.

(h) Each petition to remove a permanent bar from appearing as a representative before the department shall:

(1) Provide the name, address, and telephone number of the representative;

(2) Be addressed to the commissioner;

(3) State good cause why the department should lift the bar;

(4) Be typewritten;

(5) Be signed and dated by the representative; and

(6) Be mailed or hand-delivered to:

Office of the Commissioner

Department of Natural and Cultural Resources

172 Pembroke Road

Concord, New Hampshire 03301

(i) Petitions to remove a permanent bar order shall be received and disposed of as follows:

(1) Be submitted to the office of the commissioner;

(3) Within 30 days of receipt of a petition that complies with Ncr 209.02(h), the commissioner shall take one of the following actions:

a. Initiate the removal of the permanent bar order if the commissioner determines, based on the information provided in the petition, that the misconduct that led to the permanent bar is unlikely to be repeated; or

b. Deny the petition, in writing, stating fully the reasons for denial.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 210 RIGHT TO INTERVENTION

Ncr 210.01 Intervention.

(a) A non-party may intervene in a matter pending before the department under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party’s rights or other substantial interests might be affected by the hearing or that the non-party qualifies as an intervenor under any provision of law.

(b) If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, the presiding officer shall grant the motion for intervention.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 211 ROLES OF DEPARTMENT STAFF AND COMPLAINANTS

Ncr 211.01 Role of Department Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, department staff shall have no role in any enforcement or disciplinary hearing.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 211.02 Role of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party or intervenor status, a person who initiates a hearing by complaining to the department about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 212 RECORD, PROOF, EVIDENCE, AND DECISIONS

Ncr 212.01 Record of the Hearing.

(a) The presiding officer shall cause all oral hearings under this chapter to be recorded verbatim. Said recordings shall become part of the record for decision and shall be available to all parties for examination and copying.

(b) The presiding officer shall make available a copy of the recording or transcription to any party requesting such within 30 days of such request. The requesting party shall pay all actual costs for such transcriptions or copies of the recording.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 212.02 Standard and Burden of Proof. In all hearings governed by this chapter, the party asserting the affirmative of a proposition shall bear the burden of proving the truth of that proposition by a preponderance of the evidence.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 212.03 Order of Proceeding.

(a) Any person offering testimony, evidence, or argument shall state for the record their 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. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 212.04 Evidence.

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

(b) All relevant, material evidence shall be admissible.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 213 CONCLUSION; CLOSING AND REOPENING RECORDS

Ncr 213.01 Conclusion of Hearing. No party shall be required to rest their case at a particular time, except when the presiding officer is reasonably certain that all relevant evidence, cross-examination, and rebuttal have been heard.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 213.02 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 paragraph (b) of this section and Ncr 213.03.

(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. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 213.03 Reopening 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. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 214 DECISIONS AND ORDERS

Ncr 214.01 Decisions.

(a) All decisions rendered by the presiding officer shall be:

(1) Made on the basis of the evidence of record only;

(2) Based upon a presentation of the evidence of record; and

(3) Issued in writing or stated in the record.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 214.02 Orders.

(a) Within a reasonable time after conclusion of the hearing, the presiding officer shall issue an order stating the action to be taken by the department and the reason therefor. Said order shall be sent to the affected person through the United States mail, or by personal delivery.

(b) Said order shall constitute a final decision on the part of the department.

(c) The department shall keep a decision on file in its 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 records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 215 MOTION FOR REHEARING

Ncr 215.01 Filing and Content of Motion.

(a) A motion for rehearing shall be filed within 30 days of the date of the department’s 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 department’s decision to be:

a. Unlawful, unjust, or unreasonable;

b. Illegal in respect to jurisdiction, authority, or observance of the law;

c. An abuse of discretion; or

d. Arbitrary 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. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 215.02 Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the department’s decision is illegal in respect to jurisdiction, authority, or observance of law, an abuse of discretion, or arbitrary, unreasonable, or capricious.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 215.03 Decision on Motion for Rehearing. The department shall grant or deny a motion for rehearing, or suspend the decision or order pending further consideration within 10 days of the filing of the motion for rehearing.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

PART Ncr 216 REQUEST FOR DEPARTMENT STATEMENT EXPLAINING RULE

Ncr 216.01 Requests for Rule Explanation.

(a) Within 30 days after the adoption of a rule, any interested person may request that the department, through the commissioner, issue a statement explaining the following:

(1) The principle reasons for and against adoption of the rule in its final form; and

(2) Reasons why the department overruled arguments and considerations against the rule.

(b) Rule explanation requests shall be received and disposed of in the following manner:

(1) Requests shall be submitted to the office of the commissioner;

(2) When a request for rule explanation has been received by the commissioner, the commissioner shall issue a statement responsive to the request within 60 days. The statement shall provide the information required by (a), above.

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Ncr 216.02 Requests for Rule Explanation Requirements.

(a) Each request for rule explanation shall provide the following information:

(1) The name and address of the interested person; and

(2) The rule number and title;

(b) The request shall be addressed to the commissioner.

(d) The interested person shall sign and date the request.

(e) The request shall be mailed or hand-delivered to:

Office of the Commissioner

Department of Natural and Cultural Resources

172 Pembroke Road

Concord, New Hampshire 03301

Source. #14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

APPENDIX

Rule	Specific State or Federal Statutes or Regulations which the Rule Implements
Ncr 201	RSA 541-A:1 and RSA 541-A:30-a, II
Ncr 202	RSA 541-A:29
Ncr 203.01	RSA 541-A:29-39
Ncr 203.02	RSA 541-A:30-a, III(k) and RSA 541-A:36
Ncr 203.03	RSA 541-A:30-a, III(k) and RSA 541-A:36
Ncr 204	RSA 541-A:29-35 and RSA 541-A:30-a, III(a)
Ncr 205	RSA 541-A:29-35 and RSA 541-A:30-a, III(f)
Ncr 206	RSA 541-A:29-35 and RSA 541-A:30-a, III(a)
Ncr 207.01	RSA 541-A:31, I and II
Ncr 207.02	RSA 541-A:31, III
Ncr 207.03	RSA 541-A:31, I and II
Ncr 207.04	RSA 541-A:30-a, III(h)
Ncr 207.05	RSA 541-A:29-39
Ncr 208.01	RSA 541-A:31, V and RSA 541-A:38
Ncr 208.02	RSA 541-A:31, V(c) and RSA 541-A:38
Ncr 209	RSA 541-A:30-a, III(b)
Ncr 210	RSA 541-A:30-a, III(g) and RSA 541-A:32
Ncr 211	RSA 541-A:30-a, III(g)
Ncr 212.01	RSA 541-A:31, VI
Ncr 212.02	RSA 541-A:30-a, III(d) and (e)
Ncr 212.03 and Ncr 212.04	RSA 541-A:33
Ncr 213.01	RSA 541-A:31, VI(c) and RSA 541-A:35
Ncr 213.02	RSA 541-A:31 and RSA 541-A:33
Ncr 213.03	RSA 541-A:30-a, III(i); RSA 541-A:31 and 33
Ncr 214.01	RSA 541-A:30-a, III(e); RSA 541-A:34 and 35
Ncr 214.02	RSA 541-A:30-a, III(l) and RSA 541-A:35
Ncr 215.01 and Ncr 215.02	RSA 541
Ncr 215.03	RSA 541:3
Ncr 215.04	RSA 541:4
Ncr 215.05	RSA 541:5
Ncr 216	RSA 541-A:11, VII