The New Hampshire Board of Accountancy will hold a public hearing
for interested parties
as follows regarding
the initial proposal
of the following administrative rules: Ac 103.01, Ac 200 - various sections and Ac 300-500
Monday, July 14, 2014 at 9:30 a.m.
Joint Board Conference Room
121 South Fruit Street
Concord, NH 03301
The deadline for submission of materials (public comment) in writing
utilizing the address above, in electronic format to
or by fax at 603-271-6990 is July 14, 2014, close of the hearing.
You may contact the Board office at 603-271-2219 for copies or
download copies utilizing the links above.
Section Ac 102.02 Certified Public Accountant
Section Ac 102.03 Chartered Accountant
Section Ac 102.04 Client
Section Ac 102.05 Code of Professional Conduct
Section Ac 102.06 Contadores Publicos Certificado
Section Ac 102.07 CPA Firm
Section Ac 102.08 Financial Statement
Section Ac 102.09 Firm
Section Ac 102.10 License
Section Ac 102.11 Licensee
Section Ac 102.12 Permit
Section Ac 102.13 Public Accountancy
Section Ac 102.14 Public Accountant (PA)
Section Ac 102.15 Public Accounting Experience
Section Ac 102.16 Public Accounting Firm (PA Firm)
Section Ac 102.17 Semester Hour
PART Ac 103 BOARD ORGANIZATION
103.01 Members and Officers
Section Ac 103.02 Organization
Section Ac 103.03 Meeting Location
Section Ac 103.04 Presiding Officer
Section Ac 103.05 Functions of the Board
Section Ac 103.06 Office Hours, Office Location, Mailing Address
104 PUBLIC ACCESS TO INFORMATION
Section Ac 104.01 Public Access
Section Ac 104.02 Licensee Access to Information
Section Ac 104.03 Record of Board Actions
Section Ac 104.04 Copies
Section Ac 104.05 Unavailability of Public Records
Section Ac 104.06 List of Licensed Professionals and Exam
105 MEETINGS, DELIBERATIONS AND DECISIONS
Section Ac 105.01 Meetings
Section Ac 105.02 Quorum
Section Ac 105.03 Board Meeting Procedures
Section Ac 105.04 Procedures
Section Ac 105.05 Tentative Decisions
501.01 Application to All Professional Services
Section Ac 501.02 Violations of Rules Also an Act of Misconduct
Section Ac 501.03 Licensee Responsibility for Associates
Section Ac 501.04 Applicability to Indirect Services
502.01 Opinion on Financial Statements
503 INDEPENDENCE, INTEGRITY AND OBJECTIVITY
503.01 Standards of Integrity and Objectivity
504 GENERAL STANDARDS OF ACCOUNTING PRINCIPLES
504.01 Professional Standards
Section Ac 504.02 Accounting Principles
505 CONFIDENTIAL CLIENT INFORMATION
505.01 Disclosure of Confidential Information
Section Ac 505.02 Use of Third Party Service Providers
506 CONTINGENT FEES
Section Ac 506.02 Contingent Fee
Section Ac 506.03 Fees
507 ACTS DISCREDITABLE
Section Ac 507.02 Advertising and Other Forms of Solicitation
Section Ac 507.03 Commissions
Section Ac 507.04 Referral Fees
Section Ac 507.05 Form of Practice and Name
Section Ac 507.06 Registered Investment Advisors
The rules of this title implement the statutory
responsibilities of the New Hampshire board of accountancy
(b) These provisions
regulate to but are not limited to the licensing of
certified public accountants and public accountants and the
practice of accountancy in the state of New Hampshire.
PART Ac 102
board of accountancy created by
Ac 102.02“Certified public accountant” (CPA)
means a person holding a current certificate issued under
RSA 309-B:5, or a person holding an equivalent
accounting license issued in any jurisdiction in the United States.
Ac 102.03“Chartered accountant” means
person holding an accounting license issued in
is at a level equivalent to a CPA in the
Ac 102.04“Client” means a person, persons
or entity which retains a practicing accountant or the firm of a
practicing accountant, which firm is engaged in the practice of
public accountancy, for the performance of professional accounting
Ac 102.05“Code of professional conduct”
means the “Code of Professional Conduct” of the American Institute
of Certified Public Accountants (AICPA),
June 1, 2010 edition, including the interpretations.
Ac 102.06“Contadores Publicos Certificado”
means a person holding a current accounting license issued in
Mexico that is
at a level equivalent to a CPA in the
Ac 102.07“CPA firm” means “CPA firm” as
RSA 309-B:3, IV,
namely, “a sole proprietorship, a corporation, a partnership
including a limited liability partnership, a limited liability
company including a professional limited liability company, or any
other legally authorized association issued a license under
Ac 102.08“Financial statement” means
a document and related footnotes that purports to represent actual
or prospective financial positions at a particular time, or results
of operations, cash flow, or changes in financial position for a
period of time, in conformity with generally accepted accounting
principles or another comprehensive basis of accounting.
Ac 102.09“Firm” means any business entity,
however configured or organized, engaged in the practice of public
includes individuals and shareholders in any legally authorized
entity engaged in the practice of public accountancy.
Ac 102.10“License” means “license” as
RSA 309-B:3, VIII,
namely, “certificate issued under
309-B:5, a permit issued under
309-B:8 or a registration under
309-B:9; or in each case, a certificate or permit issued under
corresponding provisions of prior law.”
Ac 102.11“Licensee” means “licensee” as
RSA 309-B:3, IX,
namely, “the holder of a license as defined in
309-B:3, VIII” and includes each CPA and PA.
Ac 102.12“Permit” means “permit” as defined
RSA 309-B:3, XIII, namely, “a permit to practice as
a CPA firm issued under
309-B:8 or corresponding provisions of prior law, or under
corresponding provisions of the laws of other states.”
Ac 102.13“Public accountancy” means the
provision of any service, the undertaking of any function, or the
exercise of any privilege for which a certificate, registration, or
permit is required pursuant to
Ac 102.14“Public accountant (PA)” means a
licensee whose registration has been issued pursuant to
Ac 102.15“Public accounting experience”
means the performance of one or more kinds of services regulated
RSA 309-B and these rules and performed under the
supervision of a CPA, Chartered Accountant, Contadores Publicos
Certificado, PA orin an
entity that holds itself out to the public as a firm as defined in
Ac 102.16“Public accounting firm (PA firm)”
means a business entity in which at least a simplemajority of the ownership of the firm, in
terms of financial interests and voting rights, holds a registration
RSA 309-B:9, and is
(a)A sole proprietor;
(c)A partnership, including a limited liability partnership;
(d)A limited liability company, including a professional
limited liability company; or
(e)Any other kind of entity authorized or allowed by law.
Ac 102.17“Semester hour” means the number
of hours which a class meets during a single semester, expressed on
a per-credit basis, as calculated by the institution offering the
PART Ac 103BOARD ORGANIZATION
Ac 103.01Members and Officers.Pursuant to
309-B:4, I(a) the board is composed of a total of 7 members who are
and have been appointed by the governor with the approval of the
council.The membership includes 4 current CPAs,
one current public accountant, and 2 public members, all of whom
meet the requirements of
RSA 309-B:4, I(a).
Ac 103.02 Organization. Every year, the board
shall elect or appoint a chairperson, vice-chairperson, and
secretary at the first meeting of the board in a calendar year.
Ac 103.03Meeting Location.Board meetings are held at the place
specified in the notice for the particular meeting.
Ac 103.04Presiding Officer.The board chairperson presides at board
meetings. In the absence of the chairperson, the board
vice-chairpersonpresides at meetings.
In the absence of both the chairperson and the vice-chairperson, the
members present select, by consensus, any other member to act as
chairperson for that meeting.
Ac 103.05Functions of the Board.The duties of the board include:
(a)Adopting rules relative to:
(1)The issuance and renewal of licenses and
(4)Qualifications of applicants;
(5)Establishment of all required fees;
(6)Ethical and professional standards;
(7)Conduct of hearings; and
(8)Any other matters necessary for the
proper administration of
(b)Actual issuance of licenses and permits to qualified
(c)The investigation and adjudication of complaints against
(d)All other functions set forth in
Office Hours, Office Location, Mailing Address and Telephone.
(a)The board’s office
is located at the
New Hampshire joint
121 South Fruit Street,
and shall be open to the public weekdays, excluding holidays, from
shall be addressed to the board’s executive director at:
New Hampshire Joint Board
telephone number shall be
PART Ac 104PUBLIC ACCESS TO INFORMATION
Ac 104.01Public Access.In accordance with
91-A, any person may examine all public, non-exempt governmental
records in the possession of the board, at the offices of the board,
, Monday through Friday.
Ac 104.02Licensee Access to Information.Any licensee may examine all records of
the board with respect to him or herself, except as exempted by law,
at the office of the board, between the hours of
Monday through Friday.
Ac 104.03Record of Board Actions.Minutes shall be kept of board meetings
and of official actions taken by the board. Minutes of board actions
which are not confidential under
RSA 91-A:3, II or
RSA 91-A:5 shall be
available for inspection during the board’s ordinary office hours
within 5 days from the close the meeting or vote in questions unless
the 72 hours availability requirement of
III is applicable.
(a)At the time and place identified in Ac 103.01, any person
examining a document which is a governmental record may request a
copy of that document.
(b)The board staff shall make copies of the documents
examined and requested under (a) available in accordance with
91-A:4, IV and Ac 104.04.
(c)The fee for copies made by the board staff shall be $.20
per page, payable before such copies are provided to the requestor.
Ac 104.05Unavailability of Public Records.If the board is unable to make a
governmental public record available for immediate inspection and
photocopying, then it shall, within 5 business days of request:
(a)Make such record available;
(b)Deny the request in writing with reasons; or
(c)Furnish written acknowledgment of receipt of the request
and a statement of the time reasonably necessary to determine
whether the request will be granted or denied.
Ac 104.06List of Licensed Professionals and
(a)Any person may request orally, in writing, or
electronically that the board provide that person with a complete
list of CPAs, PAs, or firms.
(b)The board shall grant the request under (a) if the
requestor pays the actual cost of copying and mailing the document.
(c)The fee required by this section shall be paid only by:
(4)Business or personal check;
(7) Credit card.
PART Ac 105 MEETINGS, DELIBERATIONS
Ac 105.01 Meetings. Regular meetings shall be held at least
each month, provided that there is board business to be conducted.
Special meetings shall be called by order of the chairperson or
secretary. Each member of the board shall be notified in writing of
each meeting and such notice shall contain the place, date, time,
and subject of the meeting. Notice of meetings shall be posted at
the board office and the state house.
Ac 105.02Quorum.A quorum of the board consists of a
majority of the board members then in office, pursuant to
309-B:4, II(b).A vote
of the majority of those voting, is necessary for board action on
anything requiring a vote of the board.
Board Meeting Procedures.The board shall conduct its meetings in
the following order:
(b)Reading of the minutes;
(c)Reading of communications;
and consideration of applications;
(f)New business; and
Procedures.Roberts Rules of Order, 10th edition
dated 2000 shall govern the procedures of the board.
(a)When necessary to
conduct the board’s business in a timely and efficient manner, the
board shall instruct its staff or a committee of the board to
prepare a draft document, subject to subsequent review and approval
by the board. Such instructions shall be known as tentative
decisions shall not be final actions, and shall not be binding upon
the board. Changes in the form or the substance of a tentative
decision shall be made as often as necessary to produce a final
document, which satisfactorily sets forth the final result the board
intends to reach. The board’s final decision shall be issued only
when the necessary majority has voted in favor of the final form of
the proposed action, allowing time for printing or servicing the
document in question.
PART Ac 106 APPOINTMENT OF COMMITTEES
(a)A committee shall
consist of one or more of board members who have been directed by
the board to investigate and make recommendations on matters which
could be handled by the full board.
authorized by the board, the authority of a committee shall include:
(1)The retention of
voluntary assistance from qualified non-board members; and
(2)The retention of paid
advisors or consultants pursuant to
Ac 201.01Purpose.The board conducts proceedings for the
purpose of acquiring sufficient information to make fair and
reasonable decisions on matters within its statutory jurisdiction,
including decisions on applications and complaints filed against
licensees.The goal of these proceedings is to
secure a just, efficient, and accurate resolution.
Scope.The rules of this chapter shall apply to
all administrative proceedings conducted by the board and shall be
in addition to applicable requirements of
PART Ac 202DEFINITIONS
(a)“Adjudicative proceeding” means “adjudicative proceeding”
as defined in
RSA 541-A:1, I, namely, “the procedure to be
followed in contested cases, as set forth in
(b)“Appearance” means a written notification to the board
that a party, an intervenor or the representative of a party or
intervenor intends to actively participate in an adjudicative
(c) “Complaint” means an allegation of misconduct
by a licensee, and which has been submitted in writing to the board.
(d)“Contested case” means “contested case” as defined in
RSA 541-A:1, IV, namely, “a proceeding in which the
legal rights, duties, or privileges of a party are required by law
to be determined by an agency after notice and an opportunity for
(e)“Declaratory ruling” means, “declaratory ruling” as
RSA 541-A:1, V, namely, “a ruling by the board as to
the specific applicability of any statutory provision or of any rule
or order” of the board.
(f) “Hearing” means the process by which the board
receives and considers evidence, argument, or both, by methods
appropriate to the circumstances, and includes:
(1)Conducting trial-type evidentiary
(2)Directing the filing of exhibits,
affidavits, memoranda, briefs, or oral arguments; or
(3)Any combination of these or similar
(g)“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
(h)“Motion” means a request to the presiding officer for an
order or ruling directing some act to be done in favor of the
proponent of the motion, including a statement of justification or
reasons for the request.
(i)“Order” means a document issued by the board:
(1)Establishing procedures to be followed in
an adjudicative or nonadjudicative proceeding;
(2)Granting or denying a petition or motion;
(3)Requiring a person to do, or to abstain
from doing something; or
(4)Determining a person’s rights to a
license or other privilege established by
309-B or the rules of the board.
(j)“Party” means “party” as defined by
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.”As used in these rules, the term is
intended also to include all intervenors, but not witnesses, unless
the rule or context clearly indicates otherwise.
(k)“Person” means any individual, partnership, corporation,
association, governmental subdivision or public or private
organization of any character other than the board.
(l)“Petition” means a written request made outside the
context of an adjudicative proceeding and seeking a particular
action by the board.
(m)“Presiding officer” means “presiding officer” as defined
RSA 541-A:1, XIV, namely, “that individual to whom
the board has delegated the authority to preside over a proceeding,
if any; otherwise it shall mean the head of the agency.”
(n)“Probable cause” means that there is an objectively
reasonable basis to believe that something is true.
(o)“Proof by preponderance of the evidence” means a
demonstration by admissible evidence that a fact or legal conclusion
is more probably true than not.
(p)“Public comment hearing” means a proceeding held pursuant
(q)“Record” means, in a contested case, the materials set
RSA 541-A:31, VI.
(r)“Rulemaking petition” means a petition made pursuant to
PART Ac 203FILING
SERVICE OF DOCUMENTS
Ac 203.01Filing of Documents with the Board.
(a)A document shall be considered filed when it is actually
received at the board’s office in
and conforms to the requirements of this chapter.A document tendered for filing under this
chapter that is patently and facially in violation of the board’s
rules shall not be accepted for filing.
(b)All documents filed shall be filed with an original and a
copy for each board member who will hear the case.However, only a single copy of correspondence, applications and
complaints against licensees shall be filed.
Ac 203.02Subscription and Veracity of Documents.
(a)All complaints, petitions, motions, and replies filed
with the board shall be signed by the proponent of the document or,
if the party appears by representative, by the representative.
(b)The applicant’s signature on a document filed with the
board shall be certification that:
(1)The applicant has read the document;
(2)The applicant is authorized to file it;
(3)To the best of the applicant’s knowledge,
information, and belief, there are good grounds to support it; and
(4)The document has not been filed for
purposes of delay or harassment.
(c)A willful violation of (b), above, shall cause the board
to issue an order adverse to the party committing the violation.
Ac 203.03Service of Documents.
(a)Complaints against licensees shall be filed with the
board and shall comply with the requirements of Ac 204.02.
(b)All petitions, replies, motions, objections, exhibits,
memoranda, or other documents filed in an adjudicative proceeding
shall be served by the proponent upon all parties to the proceeding
(1)Depositing a copy of the document in the
United States Postal Service, first class postage prepaid, addressed
to the last address given to the board by the party being served, no
later than the day the document is filed with the board; or
(2)Delivering a copy of the document in hand
on or before the date it is filed with the board.
(c)Notwithstanding (b) above, petitions for rulemaking and
petitions for declaratory rulings shall be filed with the board by
the petitioner without service upon other persons and shall comply
with the requirements of Ac 214.02.
(d)All notices, orders, decisions, or other documents issued
by the board in the course of an adjudicative proceeding shall be
served by the board upon all parties to the proceeding by either:
(1)Depositing a copy of the document, first
class postage prepaid, in the United States Postal Service,
addressed to the last address given to the board by the party being
(2)If a party is not represented, delivering
a copy of the document in hand to the party.
(e)When a party authorizes a representative, service shall
be upon the representative.
(f)Except for exhibits distributed at a prehearing
conference or hearing, every document filed with the board, and
required to be served upon the parties to an adjudicative
proceeding, shall be accompanied by a certificate of service, signed
by the person making service, attesting to the method and date of
service, and the persons served.
Ac 203.04Failure to Comply with Rules.
(a)Failure to comply with the rules of this chapter shall
(1)Refusal of a noncompliant document for
(2)Denial or conditional denial of a
noncompliant application, petition, or motion; or
(3)Issuance of an order adverse to
PART Ac 204COMPLAINTS, INVESTIGATIONS
Ac 204.01Initiation of Disciplinary Proceedings.The board shall undertake investigations
and disciplinary hearings, in response to a written complaint filed
in accordance with Ac 204.02 for which probable cause is found by
the board or in response to other information that comes to the
board’s attention for which probable cause is found by the board.
Ac 204.02 Complaints of Misconduct.
(a)Complaints alleging misconduct by licensees for
RSA 309-B:10 or the board’s rules shall be in
writing and filed at the board’s offices in
(b)A complaint shall contain the following information:
(1)The name, address, home and work
telephone number, cellular telephone number, and electronic mail
address as applicable of the complainant;
(2)The name address, home and work telephone
number, cellular telephone number, and electronic mail address as
applicable of the licensee against whom the complaint is directed;
(3)Date, time, place and summary of alleged
(4)Name, address, home and work telephone
number, cellular telephone number, and electronic mail address as
applicable of those having knowledge of the alleged violations;
(5)Specific provision of statute or rule on
which the complaint is based; and
(6)Other data pertinent to the complaint.
(c)A complaint that alleges acts of
misconduct that occurred more than 4 years before the filing date
shall not be accepted unless it also alleges that these acts could
not have reasonably been discovered during all or some substantial
part of the intervening 4 year period.
(d)A complaint shall be treated as a petition to the board
for the commencement of a disciplinary hearing that shall be
conducted pursuant to Ac 209.
(e)The licensee shall respond in writing to stated
misconduct allegations by addressing each allegation.
The licensee shall, within 15 days so respond or submit a written
request for more time to respond.
Failure to respond or request more time shall result in an order of
default, and the board shall then commence and conduct a
board shall automatically grant one written request for more time to
respond to allegations of misconduct pursuant to (e) above.Such extension shall be for the amount of
time requested, but shall not exceed 30 days from the date the
response was due.
Processing of Complaints and Complainant
(a)Upon receipt of a complaint, the board shall commence an
investigation pursuant to Ac 204.04.
(b)The board shall dismiss a complaint at any time for
failure to allege misconduct, failure to respond to a request for
information, or failure to participate in any investigation or
hearing ordered by the board.However, the board shall independently
pursue allegations of misconduct alleged against a licensee under
its jurisdiction upon receipt of information alleging such
misconduct.Such complaint shall also comply with Ac
(c)After receiving the investigator’s report, the board
shall, with the consent of the licensee and subject to (d) below,
enter a settlement agreement that imposes discipline upon the
licensee and terminates further disciplinary action in whole or
(d)Action under (c) above shall not be taken unless:
(1)The complainant receives notice and an
opportunity to submit written comments concerning the proposed
settlement or consent decree; and
(2)There are no material facts in dispute
between the licensee, the complainant, and intervenor and the
proposed discipline would not be greater than foreseen discipline
imposed by the board after notice and opportunity for hearing
pursuant to Ac 200.
(e)Unless previously settled, a complaint that alleges
misconduct, and for which the board finds probable cause, shall be
incorporated into a notice of hearing that commences a disciplinary
hearing pursuant to Ac 209.02.
a complaint is the subject of a disciplinary hearing, the notice of
hearing shall provide the complainant the opportunity to intervene
in the proceeding. A complainant shall have no rights to participate
in a disciplinary hearing unless an affirmative election to
intervene is made in writing to the board.
(a)The board shall conduct such investigations as are
necessary to examine allegations of misconduct that come to its
attention through complaints or other means.
(b)The board, through its chairperson, shall, pursuant to
RSA 309-B:11, I, issue subpoenas in investigations
whenever it determines that the investigator needs access to
documents, persons, or things that would not otherwise be made
available to it in the absence of a subpoena.
(c)The board shall appoint a member of its staff, or one or
more of its members, or other knowledgeable person to conduct the
investigation. Each board member who participates in an
investigation shall not participate in any further actions of the
board concerning the subject matter of that investigation.
(d)The type, form, and extent of an investigation shall be
determined based upon the following:
(1)The statutory or regulatory authority for
(2)Any statutes or rules believed to have
been, or about to be, violated;
(3)The identity of the persons, or class of
persons, that are subject of the investigation;
(4)The general nature of the conduct being
(5) The date by which the investigating officer shall report his or
her findings and recommendations to the board.
(e)Investigations shall not commence a disciplinary hearing
and shall not constitute a finding of probable cause regarding the
(f)When an investigation occurs, an investigator designated
by the board shall contact such persons and examine such records and
other documents as are reasonably necessary to make a recommendation
to the board as to whether there is probable cause to support the
allegation(s) of misconduct and commence and conduct disciplinary
(g)Investigations, including those based upon allegations in
a complaint, shall be conducted on an ex parte basis.
(h)Following the investigation, the investigator shall,
RSA 309-B:11, II, make a report to the board.Based upon that report the board shall
find either probable cause or a lack of probable cause or shall
return the report to the investigator for further investigation.If the board finds probable cause, it shall commence and
conduct disciplinary proceedings based upon such allegations of
misconduct.If the board finds a lack of probable
cause, it shall dismiss the complaint.
(j)Investigatory reports and all information gathered by an
investigator shall be confidential, provided that:
(1)The investigator’s report shall be made
available to the parties in any adjudicative proceeding resulting
(2)The board shall provide information
gathered in disciplinary investigations to:
a.Law enforcement agencies;
b.The accountancy licensing boards or
agencies of other jurisdictions;
c.Board investigators or prosecutors;
d.Expert witnesses or assistants retained
by board prosecutor or investigators in the same or related
disciplinary matters; and
e.Persons to whom the licensee has given a
(k)Information gathered during investigations shall not be released to the
public until an evidentiary hearing is held or a final settlement or
other disposition of such a proceeding is reached, and only to the
extent that it is not exempted by any provision of
91-A or is otherwise privileged under law.
PART Ac 205APPEARANCE BEFORE THE BOARD
(a)A natural person appearing before the board may choose to
be represented by an individual who:
New Hampshire licensed
attorney who has filed a written appearance with the board
containing his or her business address and telephone number; or
(2)Is not a
New Hampshire attorney, but has filed a
written appearance that includes the following:
a.His or her daytime address;
b.His or her daytime telephone number,
cellular phone number, or both, if he or she has one or both;
c.His or her electronic email address, if
he or she has one;
d.A statement that he or she does not have
any criminal convictions that have not been annulled, or, if he or
she has any criminal convictions that have not been annulled, a
description of all material facts relating to each such conviction;
e.If his or her occupation is regulated by
any state or federal entity, a statement that he or she has not been
found to have committed misconduct, or if he or she has been found
to have committed misconduct, a description of all material facts
relating to each finding;
f.A statement identifying each instance in
which he or she has represented any other person in any other forum
for the 3 years previous to the filing of the appearance;
g.A statement that he or she has never had
sanctions imposed upon him or her for his or her conduct in his or
her representation, or, if any such sanction has been imposed, a
description of all material facts relating to the imposition of
every such sanction;
h.A statement as to whether there are any
criminal or misconduct proceedings pending against him or her, and
if there are, a description of all material facts regarding such
i.The signatures of the representative and
the party to be so represented.
(b)Corporations, partnerships, limited liability companies
and other legal entities that are not natural persons shall,
RSA 309-B:12, III, be represented only by:
(1)An attorney licensed in
New Hampshire; or
(2)A duly authorized partner, officer,
director, or shareholder member or manager who has filed an
appearance as a representative that complies with (a)(2) above.
(c)Nothing in this section shall be construed to permit the
unauthorized practice of law.
(d)The representative submitting an appearance pursuant to
(a)(2) above shall, pursuant to
RSA 311:1, be
presumed to be of good character unless the appearance discloses one
or more of the following:
(1)He or she has been convicted of any
misdemeanor or felony involving dishonesty within the 3 years
immediately preceding the filing of the appearance;
(2)He or she has been found to have
committed misconduct by an occupational regulatory body of this or
any other state or the federal government;
(3)He or she has been sanctioned for his or
her actions as a representative in any other forum within the 3
years immediately preceding the filing of the appearance; or
(4)There is any pending criminal or
misconduct charges against the representative and such charges
relate to honesty.
(e)If an appearance filed pursuant to (a)(2) above discloses
any of the circumstances listed in (d) above, the board shall
prohibit the person from continuing as a representative in the
proceeding and shall notify the person .
board shall, after providing notice and opportunity for hearing,
restrict an individual from acting as a representative before the
board when the representative’s behavior obstructs the process.
PART Ac 206PLEADINGS
(a)The only pleadings permitted shall be
petitions, other than for rulemaking, and replies to petitions.Complaints, motions, and applications for
licensure shall not be considered pleadings.
(b)Petitions shall be in writing and
(1)The name and address of the petitioner;
(2)The name and address of the petitioner's representative,
(3)A concise statement of the facts that warrant the relief
requested from the board;
(4)The description of the action that the petitioner wishes
the board to take;
(5)A citation to any statutes, rules, orders, or other
authority that the petitioner believes entitles him or her to
request that the board take the action described in (4) above; and
(6)The petitioner’s signature and the date of signature.
(c)Replies to petitions shall contain:
(1)The name and address of the respondent;
(2)The name and address of the representative of the
respondent, if any;
(3)A statement admitting or denying each fact alleged in the
(4)A statement admitting or denying the authority identified
by the petitioner pursuant to Ac 206.01(b)(5);
(5)A concise statement of any additional or different facts
that warrant the board to act in the manner requested by the
(6)A citation to any statutes, rules, orders or other
authority, not identified in the petition, that the respondent
believes has a bearing upon the subject matter of the petition;
(7)A description of the action which the respondent wishes
the board to take; and
(8)The respondent’s signature and the date of signature.
(d)Replies shall be filed within 20 days
from the date of the petition unless otherwise ordered by the board.
(e)Any fact contained in the petition which
is not denied in the reply, shall be deemed admitted by the
respondent for purposes of the petition.
A statement that the respondent lacks sufficient knowledge to admit
or deny shall be treated as a denial. The petitioner shall be presumed to deny all allegations in
the reply, and no response shall be permitted to the reply.
(f)After receipt of a petition that complies
with (b) above and any replies that comply with (c) – (e) above, the
board shall review the documents and grant or deny the petition in
whole or in part.Such
decision shall be based upon the board’s judgment as to whether the
petition is consistent with and best implements the purposes of
Ac 206.02Motions and Objections Thereto.
(a)Unless presented during an oral session of a proceeding,
all motions and objections shall be in writing.
(b)Each motion shall state clearly and concisely:
(2)The relief sought;
(3)The statutes, rules, orders, or other
authority authorizing the relief sought; and
(4)The facts claimed to constitute grounds
for the relief.
(c)Each objection to a motion shall state clearly and
(1)The defense of the party filing the
(2)The action that the party filing the
reply wishes the board to take;
(3)The statutes, rules, orders, or other
authority authorizing the action in sought; and
(4)Any facts that are additional to, or
different from, the facts stated in the motion or petition.
(d)An objection to a motion shall specifically admit or deny
each fact contained in the motion.
Failure to deny a fact contained in the motion shall constitute the
admission of that fact for the purpose of the objection.
In the event a party filing an objection to a motion lacks
sufficient information to either admit or deny a fact contained in
the motion, the party shall so state, specifically identifying such
(e)Motions shall be decided upon the writings submitted and
oral argument, if the board determines that oral argument would
assist the board in reaching a decision regarding a petition or
motion.Repetitious motions shall not be submitted.
(f)Board decisions on motions shall be made as soon as
practicable after the filing of the motion.
PART Ac 207TIME PERIODS
Computation of Time.
Any time period specified in an order shall begin with the day
following the act, event, or default, and shall include the last day
of the period, unless it is Saturday, Sunday, or state legal
holiday, in which event the period shall run until the end of the
next day which is not a Saturday, Sunday, or state legal holiday.When the period prescribed or allowed is
less than 7 days, intermediate Saturdays, Sundays, and state legal
holidays shall be excluded from the computation.
Ac 207.02Change in Allowed Times.A motion for a change of time shall be
granted upon concurrence of all parties.
Limitations.A motion to change time shall be filed at
least 3 business days prior to the event in question.
PART Ac 208
(a)Adjudicative proceedings commenced by the board shall be
conducted by a presiding officer.
(b)The board shall appoint a board member or members of the
board’s staff to serve as presiding officer.
presiding officer shall serve in a conscientious and truthful manner
or shall be removed by the board without notice or hearing.
Ac 208.02 Authority of
(a)The presiding officer shall possess all authority with
respect to the procedural aspects of adjudicative proceedings that
would be possessed by the board itself, including, but not limited
to, the power to administer oaths and affirmations, direct the
course of the proceedings, and decide procedural and discovery
subpoenas shall be issued only by the board, pursuant to
(b)The presiding officer shall receive no evidence or oral
argument on the merits of the case unless at least 4 board members
eligible to hear and decide the case, including the presiding
officer if the presiding officer is a board member, are present.
(c)The presiding officer shall, to the extent consistent
with the fair and orderly conduct of the proceeding, permit board
members who are present during any stage of an adjudicative
proceeding to query the witnesses.
(d)The presiding officer shall not accept final offers of
settlement or impose consent decrees, but shall assist the
participants in reaching proposed settlements.
When a settlement has been proposed in writing, the presiding
officer shall refer it to the board for decision, but shall not stay
the proceeding while the board is deliberating the settlement
(e)The presiding officer shall not decide motions or enter
orders that finally resolve the proceeding or stay the proceeding
for more than 30 days.
Potentially dispositive motions shall be referred to the board or
deferred until the close of the record.
(f)If the presiding officer believes that a default or
similar final order should enter against a party, the presiding
officer shall issue a written recommendation to the board, with
service on each party, and the board shall take appropriate action
after allowing the parties 10 days to file objections thereto.
Ac 208.03 Exceptions to
Rulings By the Presiding Officer.
(a)There shall be no interlocutory appeal to the board of
procedural or discovery orders made by the presiding officer.
(b)After the close of the record, the parties and
intervenors shall be provided 10 days to submit written exceptions
to rulings of the presiding officer.
The board shall rule upon any such exceptions and shall reopen or
modify the record, if necessary or appropriate to effect relief.
Withdrawal of Presiding Officer.
(a)Upon his or her own initiative or upon
the motion of any party, the presiding officer shall withdraw from
any adjudicative proceeding for good cause.
(b)Good cause shall exist if the presiding
(1)Has a direct interest in the outcome of the matter,
including but not limited to, a financial, business, or family
relationship with any party to the proceeding;
(2)Has made statements or engaged in behavior that
objectively demonstrates that he or she has prejudged the facts of
the case; or
(3)Personally believes that he or she cannot fairly judge
the facts of the case.
(c)Mere knowledge of the issues or
acquaintance with any party or witness shall not constitute good
cause for withdrawal.
PART Ac 209
COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS
Ac 209.01Scope.This part shall apply to and govern all adjudicative
proceedings commenced by the board and shall not apply to rulemaking
or declaratory ruling proceedings.
(a)The board shall commence an adjudicative proceeding by
issuing a notice to each party and to each complainant, if any, at
least 15 days before any prehearing conference and at least 30 days
before any hearing.
(b)The notice commencing an adjudicative proceeding shall:
(1)Identify the parties to the proceeding as
of the date of the order, inform each complainant of their right to
intervene, and specify a deadline for the submission of petitions to
intervene or statements by complainants that they intend to
(2)Briefly summarize the subject matter of
the proceeding, and identify the issues to be resolved;
(3)Include as an attachment any complaint
against the licensee that forms, in whole or in part, the basis of
the issues to be resolved;
(4)Specify the statutory authority for the
proposed action, and identify any applicable board rules;
(5)Include as an attachment a copy of the
board’s rules that govern the proceeding;
(6)Specify the type of procedures to be
(7)Specify the date by which, and the
address where, appearances or motions by representatives shall be
(8)Specify the date, time, and location of
an initial prehearing conference or dates for an oral hearing;
(9)Identify the presiding officer for the
proceeding if other than the chairperson of the board;
(10)Identify any confidentiality requirements
applicable to the proceeding;
(11)Indicate that each party has the right to
be represented by an attorney but that such representation shall not
be at the expense of the board;
that each party has the right to have the board arrange to have a
certified shorthand court reporter present, at the requestor’s
expense, provided that such request is submitted at least 10 days
prior to the proceeding and that if such an election is not made,
then, pursuant to
VII, a stenographic
or electronic record will be made and filed with the board; and
(13)Contain such other information as the
circumstances of the case may warrant including, but not limited to,
orders consolidating or severing issues in the proceeding with other
proceedings or orders directing the production of documents.
Ac 209.03Docketing, Service of Notice, Public
(a)The board shall assign each adjudicative proceeding a
docket number, and serve the hearing notice upon all parties to the
proceeding.The hearing notice, including any
attachments, shall be served upon the respondent by means of
(b)Service of all subsequent orders, decisions and notices
issued by the board, including any amendments to the hearing notice,
shall be served upon the parties, by first class postal mail.
(c)Orders, notices, and decisions of the board, and motions,
memoranda, exhibits, and other documents and data submitted to the
board in a docketed case shall be kept in a docket file and made
available for public inspection in the board’s office except to the
extent that confidentiality has been provided for under any
provision of applicable law.
(a)Petitions for intervention may be filed any time after
the issuance of a notice pursuant to Ac 209.03(a).
(b)A person petitioning for intervention pursuant to (a)
above shall include the following in such a petition:
(1)How the petitioner’s rights, duties,
privileges, immunities or other substantial interests might be
affected by the hearing, or how the petitioner qualifies for
intervention under any provision of law;
(2)Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired;
(3)Any other reasons why the petitioner
should be permitted to intervene.
(c)Petitions for intervention shall be granted if the
petitioner’s rights, duties, privileges, immunities or other
substantial interest might be affected by the hearing or if the
petitioner qualifies for intervention under any provision of law.
(d)Orders granting intervention shall be subject to
modifications pursuant to
(e)As provided in Ac 209.02(a), a person filing a complaint
that becomes the subject of a disciplinary hearing shall be served
with the hearing notice and notified of the right to intervene in
(f)Unless the complainant submits a petition for
intervention that is granted or the complainant is called as a
witness in the proceeding, the complainant shall have no role in the
(g)Once granted leave to intervene and participate in the
proceeding, an intervenor shall take the proceeding as they find it
and no portion of the proceeding shall be repeated because of the
fact of intervention.
Ac 209.05Rights to Representation.
(a)Any party in an adjudicative proceeding may be
represented, subject to complying with the requirements of Ac 205.01
at the earliest date practicable.
(b)Requests to the board to appoint counsel or otherwise
arrange for representation shall be denied and the board shall
assume no responsibility for expenses of any party.
Ac 209.06Discovery and Disclosure.
(a)At least 15 days prior to the hearing, licensee who is
the subject of a complaint shall, pursuant to
309-B:12, II, have the opportunity examine and copy the report of
investigation, if any, and any documentary or testimonial evidence
and summaries of anticipated evidence in the board’s possession
relating to the subject matter of the complaint.
(b)Upon the written request of any party, the board shall
disclose to each party any non-privileged information in the
possession of the board and pertinent to the subject matter of the
proceeding.Neither the board nor any officer or
employee thereof, shall be subject to further discovery.
(a)A subpoena for the attendance of witnesses or the
production of evidence in disciplinary proceedings shall, pursuant
309-B:12, III, be issued only upon the order of the board.
(b)A subpoena shall be issued on the initiative of the board
or in response to the motion of a party.
(c)A party who moves for a subpoena shall attach a copy of
the proposed subpoena to the motion.
The requesting party shall be responsible for the service of the
subpoena and payment of any witness fee and mileage expenses that
may be required.
(d)The person to whom the subpoena is directed may, within
10 days after service of the subpoena, or before the date specified
by the board in the subpoena for compliance therewith, whichever is
earlier, file a motion to quash or modify the subpoena.
(e)If the motion to quash or modify the subpoena fails to
refute the rationale for the subpoena and the motion is denied, in
whole or in part, the person to whom the subpoena is directed shall
comply with the subpoena, within the time prescribed in the
subpoena, unless the board expressly provides additional time to
(f)A subpoena shall be served by any person who is 18 years
of age or older, and in the manner authorized for service of
subpoenas in the
New Hampshire superior
court. The fact of service shall be written on the reverse of the
original copy of the subpoena by the person making service and a
copy shall be immediately returned to the board by the person making
(g)Should any person fail to comply with a subpoena issued
pursuant to this section, the board shall either enter an order
adverse to the party who fails to comply, or direct the party on
whose behalf the subpoena was issued, to seek judicial enforcement
of the subpoena.
Ac 209.08Ex Parte Communications.Once a notice of hearing has been issued
in an adjudicative proceeding, no party shall communicate with any
member of the board or the presiding officer who will render a
decision in the case concerning the merits of the case except upon
notice to the other parties and an opportunity for such party or
parties to participate. In accordance with the rules of this
chapter, no party shall cause another person to make such
communications or otherwise engage in conduct prohibited by
Ac 209.09Consolidation.Whenever it shall appear to the board,
upon motion or its own initiative, that 2 or more proceedings
involve substantially similar or substantially related issues, the
board shall, as fairness and efficiency permit, consolidate those
proceedings for hearing, or decision, or both.
Ac 209.10Severance.Whenever it shall appear to the board,
upon motion or its own initiative, that injury to the substantial
rights of a party or undue delay may be thereby avoided, the board
shall, as fairness and efficiency permit, sever one or more issues
from a proceeding, and dispose of those issues in another
Ac 209.11Waivers.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.
PART Ac 210ADJUDICATIVE PROCEEDING PROCESS
Ac 210.01Prehearing Conferences.
(a)The board shall, upon its own initiative or upon motion,
encourage all parties to attend one or more prehearing conference(s)
to aid in the disposition of the proceeding.
(b)The following shall be considered at a prehearing
(1)Opportunities and procedures for
(2)Opportunities and procedures for
simplification of the issues;
(3)Possible amendments to the pleadings;
(4)Possible admissions of facts and of
documents to avoid unnecessary proof;
(5)Possible limitations on the number of
(6)Possible changes to the standard
procedures that would otherwise govern the proceeding;
(7)The distribution of written testimony, if
any, and exhibits to the parties;
(8)Possible consolidation of the examination
of witnesses by the parties; and
(9)Any other matters that might contribute
to the prompt and orderly conduct of the proceedings.
(c)The board shall cause prehearing conferences to be
recorded unless all parties wish to discuss possible settlement off
the record.Matters decided at a prehearing
conference shall be reflected in an appropriate order.
Ac 210.02Burden of Proof.The party asserting the affirmative of a
proposition and each movant shall have the burden of proving the
truth of that proposition by a preponderance of the evidence.
Ac 210.03Methods of Proceeding.
(a)Where there are no disputes as to the material facts
involved in the subject matter of the proceeding, offers of
settlement shall be entertained.
(b)Where facts material to the subject matter of the
proceedings are in dispute, the proceeding shall consist of a
trial-type evidentiary hearing with the subsequent submission of
memoranda as appropriate.
(c)Oral argument and brief opening and closing statements
shall be permitted when requested in a written motion that includes
the proposed arguments. Written arguments in the form of legal
briefs or memoranda shall be permitted subject to such filing
schedules that allow for timely hearing, adequate preparation time
for parties’ response.
(d)The board shall schedule a hearing or require the
submission of additional evidence at any time, including the
ordering of supplemental hearings if the board determines that such
are necessary for a full and true disclosure of the facts of the
(a)Proceedings shall not be conducted under the rules of
evidence but, pursuant to
RSA 541-A:33, II,
the evidentiary privileges recognized by the law of
New Hampshire shall apply to proceedings
under this chapter.
(b)All data that will reasonably assist the board arrive at
the truth shall be admissible, except that irrelevant, immaterial,
or unduly repetitious evidence shall be excluded.
(c)Evidence shall be submitted in written or oral form to
assure the full and fair disclosure of the facts.
(d)If the board takes official notice of a fact, it shall so
state, and permit any party the opportunity to show the contrary.
(e)Witnesses appearing before the board shall testify under
oath or affirmation administered by the presiding officer.
(f)The board shall cause a tape recording or stenographic
record to be made of hearings and prehearing conferences but in a
disciplinary hearing the record shall be made by a certified
shorthand court reporter at the request and expense of a party.
This record shall not be transcribed unless a request is made by a
party who agrees to pay the cost of the transcription, or unless the
board elects to transcribe the record on its own initiative, in
which case any party who requests a copy of the transcript shall pay
copying costs, only.
(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 continuance is requested pursuant to (a) above, it
shall be granted if the presiding officer determines that good cause
has been demonstrated.Good cause shall include the
unavailability of any party, witness, attorney, or other
representative 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
continuance would assist 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.
Inquiry By Board Members.Except as provided by
309-B:12, IV, and subject to the direction of the presiding officer
who shall regulate the time and manner of speaking in an orderly
fashion, board members present during and participating in an
adjudicative proceeding shall question witnesses and make such
inquiry of witnesses, as they believe appropriate for a full and
true disclosure of the facts of the case.
Ac 210.07Proposed Findings of Fact and
Conclusions of Law.
Each party may submit written proposed findings of fact and
conclusions of law.The board shall include individual
rulings upon each such proposed finding or conclusion as part of its
PART Ac 211DECISIONS
Decisions and Orders.
(a)The board shall issue a decision and
order based on:
(1)A hearing attended by a quorum of the board; or
(2)A written proposed settlement agreement.
(b)The decision and order shall be in
writing and dated.
(c)A board member shall not participate in
rendering a decision if he or she has not personally been present to
hear all of the testimony in the case, unless the disposition does
not depend on the credibility of any witness and the record provides
a reasonable basis for evaluating all testimony and other evidence.
(d)If a presiding officer has been delegated
the authority to draft a proposed decision and order, the presiding
officer shall submit to the board a written proposed decision and
(1)The disposition proposed by the presiding officer;
(2)A statement of the reasons for the proposed disposition;
(3)Findings of fact and rulings of law necessary to the
proposed disposition; and
(4)Any order necessary to effectuate the disposition.
(e)If a proposed disposition submitted
pursuant to paragraph (d) is adverse to any party, the board shall:
(1)Serve a copy of it on each party and intervenor; and
(2)Provide an opportunity to file objections and present
briefs and oral arguments to the board.
(f)The board shall keep a final decision in
its records for at least 5 years following their dates of issuance,
unless the director of the division of records management and
archives of the department of state sets a different retention
period pursuant to rules adopted under
PART Ac 212VOLUNTARY LICENSE SURRENDER
Voluntary Surrender by Licensees.
A licensee who is the subject of a complaint, investigation, or
hearing regarding allegations of misconduct may, as part of a
settlement resolving the issues of the complaint or investigation,
voluntarily surrender the license by delivering it to the board and
stating in writing that:
(a)The surrender is freely rendered;
(b)The licensee is not being subjected to
coercion or duress;
(c)The licensee is fully aware of the
implications of surrendering the license;
(d)The licensee is aware that there is
presently pending a complaint or an investigation, the nature of
which the licensee shall specifically set forth; and
(e)The licensee acknowledges that the
material facts upon which the complaint is predicated are true.
PART Ac 213RECONSIDERATION
Ac 213.01Motion for Reconsideration.
(a)Within 30 days after service of an adjudicative decision
and order of the board, any party may file a motion for
reconsideration.No distinction shall be made between the
terms “reconsideration” and “rehearing” for purposes of
(b)A motion for reconsideration of a proposed board order
shall comply with Ac 206.02(a) and (b).
(c)A motion for reconsideration shall:
(1)Identify each error or mistake of fact,
each error or mistake of law, and each error of reasoning that the
movant wishes to have reconsidered;
(2)Set forth fully every ground upon which
it is claimed that the decision or order is unlawful or
(3)State concisely the factual findings,
reasoning or legal conclusion proposed by the movant; and
(4)Include any argument or memorandum of law
the movant wishes to file.
(d)A motion for reconsideration shall be granted if it
demonstrates that the board’s decision or order is unlawful or
unreasonable, or based upon a mistake of fact or law.
(e)An adjudicative decision and order of the board shall be
final 30 days after the date it is served upon the parties pursuant
to Ac 203.03(d) if no party files a motion for reconsideration.However, if any party files a motion for reconsideration, the
adjudicative decision and order of the board issued subsequent to
such motion shall be final on the date it is served upon the parties
pursuant to Ac 203.03(d).
RSA 541:6, a final
decision may be appealed to the superior court within 30 days.
Ac 213.02Reconsideration on the Board’s Own
(a)Within the time frame specified in Ac 213.01(b), the
board shall reconsider, revise, reverse or affirm any final action
on its own motion.
(b)If reconsideration is based upon the existing record,
prior notice shall not be given to the parties. If the board
believes further argument or evidence should be considered to
eliminate a possible mistake of fact or conclusion of law, an
appropriate order providing the parties and intervenors with notice
and opportunity to be heard shall be issued before any revision is
made in the board’s previous action.
Ac 213.03Stay of Board Orders.
(a)A stay of board action shall be specifically requested.The mere filing of a motion for
reconsideration shall not operate as a stay of any order, but a
motion for stay may be combined with a motion for reconsideration.
(b)A motion for stay shall be
granted only if it is filed with a motion for reconsideration and
within the time period specified by Ac 213.01(b).
Such a motion for stay shall be granted if the board determines that
the licensee would suffer irreparable harm and the movant
demonstrates a likelihood of success with respect to the motion for
reconsideration.If granted, a stay shall remain in effect unless and
until the board denies the motion for reconsideration.
(c)The board, acting on its own motion, shall stay the
effect of any board order to allow submission of additional exhibits
or testimony within the time period specified in Ac 213.01(b).
PART Ac 214RULEMAKING
Ac 214.01How Adopted.A board rule, or any amendment or repeal
thereof, shall be proposed, adopted, and filed in accordance with
RSA 541-A:5 through
541-A:16 for 8-year and non-expiring rules,
541-A:18 for emergency rules, and
541-A:19 for interim rules.
Ac 214.02Petition for Rulemaking.
(a)Any person may request the board to commence a proceeding
for the purpose of adopting, amending, or repealing a rule by filing
a written petition that contains:
(1)A statement of the petitioner’s request
for the proposed rule;
(2)The text of the proposed rule or a
statement of the particular results intended by the petitioner’s
interest in the subject matter of the proposed rule;
(3)An identification of the particular rule
sought to be amended or repealed;
(4)Any data or argument the petitioner
believes would be useful to the board in deciding whether to
commence a rulemaking proceeding; and
(5)Name, address, signature of petitioner
and date of signature.
Ac 214.03Disposition of Petitions for
(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 reasoned
(b)The board shall grant the petition for rulemaking unless
the adoption, amendment, or repeal sought would result in:
(1)A rule that is not within the rulemaking
authority of the board;
(2)Duplication of a rule or of a statutory
(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
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.
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.
Contents of Explanation.The board shall, within 90 days of
receiving a request in accordance with Ac 214.04, provide a written
(a)Concisely states the meaning of the rule
(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
PART Ac 215DECLARATORY RULINGS
(a)Any person may request a declaratory ruling from the
board on matters within its jurisdiction by filing an original and
11 copies of a petition pursuant to Ac 206.01(b).
(b)Such a petition shall also set forth the following
(1)The exact ruling being requested;
(2)The statutory and factual basis for
ruling, including any supporting affidavits or memoranda of a law;
(3)A statement as to how and why the
issuance of a ruling on this subject would benefit the petitioner.
Ac 215.02Action on Petitions.
(a)The petitioner shall provide such further information or
participate in such evidentiary or other proceedings as the board
shall direct after reviewing the petition and any replies received.
(b)Upon review and consideration, the board shall within 90
days respond to the petition giving its decision in writing.
(c)The decision shall be in accordance with Ac 206.01(f).
Joint Board makes no warranty, express or implied, as to whether this
document is correct, complete, up-to-date, or as to any other relative
fact. Independent verification of the contents is essential. Pagination
may differ slightly from the official version.