NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
BOARD OF LANDSCAPE ARCHITECTS
Adopted 3/27/07
TABLE OF CONTENTS
CHAPTER Lsa 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION
PART Lsa 101 PURPOSE AND SCOPE
Section Lsa 101.01 Purpose and Scope
PART Lsa 102 DEFINITIONS
Section Lsa 102.01 Terms Used
PART Lsa 103 BOARD ORGANIZATION
Section Lsa 103.01 Duties and Responsibilities
Section Lsa 103.02 Composition of the Board
Section Lsa 103.03 The Chairperson and Vice Chairperson
Section Lsa 103.04 Staff
Section Lsa 103.05 Organization
Section Lsa 103.06 Seal
Section Lsa 103.07 Office Hours, Location, Mailing Address & Telephone
PART Lsa 104 PUBLIC INFORMATION
Section Lsa 104.01 Record of Board Actions
Section Lsa 104.02 Custodian of Records
Section Lsa 104.03 Roster Distribution
PART Lsa 105 MEETINGS, DELIBERATIONS AND DECISIONS
Section Lsa 105.01 Meetings
Section Lsa 105.02 Quorum
Section Lsa 105.03 Board Meeting Procedures
Section Lsa 105.04 Procedures
Section Lsa 105.05 Tentative Decisions
PART Lsa 106 APPOINTMENT OF COMMITTEES
Section Lsa 106.01 Committees
CHAPTER Lsa 200 PRACTICE AND PROCEDURE
PART Lsa 201 PURPOSE AND SCOPE
Section Lsa 201.01 Purpose and Scope
PART LSA 202 DEFINITIONS
Section Lsa 202.01 Definitions
PART LSA 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES
Section Lsa 203.01 Presiding Officer; Appointment; Authority
Section Lsa 203.02 Withdrawal of Presiding Officer
Section Lsa 203.03 Waiver or Suspension of Rules by Presiding Officer
PART LSA 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Section Lsa 204.01 Date of Issuance or Filing
Section Lsa 204.02 Format of Documents
Section Lsa 204.03 Delivery of Documents
PART LSA 205 TIME PERIODS
Section Lsa 205.01 Computation of Time
PART LSA 206 MOTIONS AND PLEADINGS
Section Lsa 206.01 Motions; Objections
Section Lsa 206.02 Pleadings
PART LSA 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES
Section Lsa 207.01 Commencement of Hearing
Section Lsa 207.02 Docket Numbers
Section Lsa 207.03 Notice of Hearing
Section Lsa 207.04 Appearances and Representation
Section Lsa 207.05 Prehearing Conference
PART LSA 208 ROLES OF BOARD STAFF AND COMPLAINANTS
Section Lsa 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings
Section Lsa 208.02 Role of Complainants in Enforcement or Disciplinary Hearings
PART LSA 209 INTERVENTION
Section Lsa 209.01 Intervention
PART LSA 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING
Section Lsa 210.01 Postponements
Section Lsa 210.02 Failure to Attend Hearing
PART LSA 211 REQUESTS FOR INFORMATION OR DOCUMENTS
Section Lsa 211.01 Voluntary Production of Information
Section Lsa 211.02 Motions to Compel Production of Information
Section Lsa 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits
PART LSA 212 RECORD, PROOF, EVIDENCE AND DECISIONS
Section Lsa 212.01 Record of the Hearing
Section Lsa 212.02 Standard and Burden of Proof
Section Lsa 212.03 Testimony; Order of Proceeding
Section Lsa 212.04 Evidence
Section Lsa 212.05 Proposed Findings of Fact and Conclusions of Law
Section Lsa 212.06 Closing the Record
Section Lsa 212.07 Reopening the Record
Section Lsa 212.08 Decisions
PART LSA 213 MOTION FOR REHEARING
Section Lsa 213.01 Purpose
Section Lsa 213.02 Applicability
Section Lsa 213.03 Filing and Content of Motion
Section Lsa 213.04 Standard for Granting Motion for Rehearing
Section Lsa 213.05 Decision on Motion for Rehearing
PART LSA 214 RULEMAKING PUBLIC COMMENT HEARINGS
Section Lsa 214.01 Purpose
Section Lsa 214.02 Scope
Section Lsa 214.03 Notice
Section Lsa 214.04 Media Access
Section Lsa 214.05 Moderator
Section Lsa 214.06 Public Participation
PART LSA 215 PETITIONS FOR RULEMAKING
Section Lsa 215.01 Petition for Rulemaking
Section Lsa 215.02 Disposition of Petition
PART LSA 216 DECLARATORY RULINGS
Section Lsa 216.01 Petitions
Section Lsa 216.02 Action on Petitions
CHAPTER 300 LICENSURE REQUIREMENTS
PART Lsa 301 APPLICATION REQUIREMENTS
Section Lsa 301.01 Application Process
Section Lsa 301.02 Application for Licensure
Section Lsa 301.03 Application, Examination, and Licensure Fees
Section Lsa 301.04 Fees
PART Lsa 302 QUALIFICATIONS OF APPLICANTS
Section Lsa 302.01 Candidate Requirements
Section Lsa 302.02 Experience Requirements
Section Lsa 302.03 References Required
Section Lsa 302.04 Information From References
Section Lsa 302.05 Additional References
Section Lsa 302.06 Denial of Application
PART Lsa 303 EXAMINATIONS
Section Lsa 303.01 Examinations
Section Lsa 303.02 Re-Examinations
PART Lsa 304 RECIPROCITY
Section Lsa 304.01 Reciprocity
PART Lsa 305 CREDENTIALS
Section Lsa 305.01 License
Section Lsa 305.02 Pocket Cards
Section Lsa 305.03 Licensed Landscape Architect Seal/Stamp
CHAPTER Lsa 400 CONTINUED STATUS
PART Lsa 401 RENEWAL OF LICENSE
Section Lsa 401.01 Expirations and Renewals
Section Lsa 401.02 Renewal of License
Section Lsa 401.03 Renewal Application
Section Lsa 401.04 Denial of Renewal
Section Lsa 401.05 Reinstatement
Section Lsa 401.06 Denial of Reinstatement
PART Lsa 402 DISCIPLINARY MATTERS
Section Lsa 402.01 Initiation of Disciplinary Action
Section Lsa 402.02 Disciplinary Sanctions
Section Lsa 402.03 Civil Penalties
Section Lsa 402.04 Procedures for Assessing and Collecting Fines
PART Lsa 403 CONTINUING PROFESSIONAL DEVELOPMENT
Section Lsa 403.01 Renewal Requirements
Section Lsa 403.02 Reinstatement
Section Lsa 403.03 Continuing Education Requirements
Section Lsa 403.04 Continuing Education Hour Credits
Section Lsa 403.05 Record Keeping
Section Lsa 403.06 Exemptions
Section Lsa 403.07 Waiver of Continuing Education Deadline
Section Lsa 403.08 Noncompliance
CHAPTER Lsa 500 ETHICAL STANDARDS, PROFESSIONAL CONDUCT, ADMINISTRATIVE FINES AND LICENSE SURRENDER
PART Lsa 501 ETHICAL STANDARDS/PROFESSIONAL CONDUCT
Section Lsa 501.01 Purpose and Scope
Section Lsa 501.02 Obligation To Obey
Section Lsa 501.03 Standards of Conduct
PART Lsa 502 VOLUNTARY LICENSE SURRENDER
Section Lsa 502.01 Procedure for Surrendering a License
Section Lsa 502.02 Effect of Voluntary License Surrender
Section Lsa 502.03 Voluntary Surrender When Misconduct Allegations are Pending
CHAPTER Lsa 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION
Back To TopCHAPTER Lsa 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION
PART Lsa 101 PURPOSE AND SCOPE
Lsa 101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the New Hampshire board of landscape architects
created by RSA 310-A: 142. These provisions regulate but are not limited to the
licensing of landscape architects and the practice of landscape architecture in
the state of
PART Lsa 102 DEFINITIONS
Lsa 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:
(a) "Landscape Architect" means, “landscape architect” as defined in RSA 310-A:141, I namely " a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by licensing as a landscape architect."
(b) "Landscape architectural practice" means “landscape architectural
practice ” as defined in RSA 310-A:141, II.
(c) "Board" means the
created by RSA 310-A:142.
(d) "Executive
director" means the board’s staff director, a person with delegated
authority to perform administrative and clerical functions for the board.
PART Lsa 103 BOARD ORGANIZATION
Lsa 103.01
Duties and Responsibilities The board shall administer the
provisions of RSA 310-A:140-160 which include but are not limited to
safeguarding property, to promoting
public welfare and maintaining a high standard of integrity, skills and practice
in the profession of landscape architecture in this state.
Lsa 103.02
Composition of the Board. Pursuant to RSA 310-A:142, I
the board shall consist of 5 members who meet the eligibility
requirements of RSA 310-A:142, I, II or both.
Lsa 103.03
The Chairperson and Vice Chairperson.
The chairperson shall preside at all meetings. In the absence of the
chairperson, the vice-chairperson shall preside.
Lsa 103.04 Staff. The
board shall designate an executive director and such other staff members as are
necessary to perform the record-keeping and other statutory functions of the
board and to oversee the board’s day-to-day operations.
Lsa 103.05 Organization.
Biennially, the board shall elect or appoint a chairperson, vice-chairperson,
and secretary at the first meeting of the board in a calendar year.
Lsa 103.06 Seal. The
seal of the board shall be an embossed circular seal consisting of 2 concentric
circles, the outer circle having a diameter of 2 inches and an inner circle
having a diameter of 1.7 inches. In the space between the two circles here shall
be the words
“New Hampshire Board of Landscape
Architects .”
The inner circle shall be a
Lsa 103.07 Office Hours,
Office Location, Mailing Address and Telephone.
(a) The
board’s office shall be located at the New Hampshire Joint Board,
(b)
Correspondence shall be addressed to the board’s executive director at:
PART Lsa 104 PUBLIC INFORMATION
Lsa 104.01 Record 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
public records and shall be available for inspection during the board’s ordinary
office hours within 144 hours from the close the meeting or vote in questions
unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.
Lsa 104.02 Custodian of Records. Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought and agrees to pay the actual costs incurred by the board for the documents provided. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.
Lsa. 104.03 Roster Distribution
Copies of a roster containing names, addresses, and assigned numbers of licensed
landscape architects shall be furnished upon request. The fee shall be $25.00.
PART Lsa 105 MEETINGS, DELIBERATIONS AND DECISIONS
Lsa 105.01 Meetings.
Regular meetings shall be held at least 3 times each year. 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.
Lsa 105.02 Quorum.
A quorum of the board shall consist of not less than 3 members and a
majority vote by the members present shall be necessary to pass a motion unless
otherwise specified by law. In the
absence of the chair, vice chair, or secretary, a
quorum of the board shall designate a pro tempore officer for the
officer or officers absent.
Lsa 105.03 Board Meeting
Procedures. The board shall
conduct its meetings in the following order:
(a) Reading of the minutes;
(c) Reading of
communications;
(d)
(e) Unfinished business
(f) New business; and
(g) Adjournment.
Lsa 105.04 Procedures.
Roberts Rules of Order, 9th edition dated 1990 shall govern the
procedures of the board.
Lsa 105.05
Tentative Decisions
(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.
(b)
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 Lsa 106 APPOINTMENT OF COMMITTEES
Lsa 106.01 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.
(b) When
expressly authorized by the board, the authority of a committee shall include:
(1) The
retention of voluntary assistance from qualified non-board members; and
CHAPTER Lsa 200 PRACTICE AND PROCEDURE
Back To TopPART Lsa 201
PURPOSE AND SCOPE
Lsa 201.01
Purpose and Scope.
The board shall conduct various proceedings for the purpose of acquiring
sufficient information to make fair and reasoned decisions on matters within its
statutory jurisdiction, including decisions on applications for licensure and
complaints filed against license holders and others in the practice of landscape
architecture. These rules are intended to secure the just, efficient and
accurate resolution of all board proceedings.
PART Lsa 202
DEFINITIONS
Lsa 202.01
Definitions.
(a) “Appearance” means a
written notification to the board that a party or a party’s representative
intends to actively participate in a hearing.
(b)
“Hearing” means “adjudicative proceeding” as defined by 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.
(c ) “Motion” means a
request to the presiding officer for an order or ruling directing some act to be
done in favor of the party making the motion, including a statement of
justification or reasons for the request.
(d) “Natural person” means a
human being.
(e) “Party” means “party” as
defined by RSA 541-A:1, XII, namely, “each person or board named or admitted as
a party, or properly seeking and entitled as a right to be admitted as a party.”
(f) “Person” means “person”
as defined by RSA 541-A:1, XIII, namely, “any individual, partnership,
corporation, association, governmental subdivision, or public or private
organization of any character other than a board.”
(g) “Presiding officer”
means presiding officer as defined in 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 board.”
(h) “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.
PART Lsa 203
PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES
Lsa 203.01
Presiding Officer; Appointment; Authority
(a)
All hearings shall be conducted for the board by a natural person
appointed or authorized to serve as a presiding officer.
(b)
A presiding officer shall as necessary
(1) Regulate and control the
course of a hearing;
(2) Facilitate an informal
resolution acceptable to all parties;
(3)
Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and exclude irrelevant,
immaterial or unduly repetitious evidence;
(5) Rule on procedural
requests, including adjournments or postponements, at the request of a party or
on the presiding officer's own motion;
(6) Question any witness to
develop a complete record;
(7)
Cause a complete record of any hearing to be made, as specified in RSA
541-A:31, VI; and
(8) Take any other action
consistent with applicable statutes, rules and case law necessary to conduct the
hearing and complete the record in a fair and timely manner.
Lsa 203.02
Withdrawal of Presiding Officer.
(a) Upon his or her own
initiative or upon the motion of any party, a presiding officer or board
official shall, for good cause withdraw from any hearing.
(b) Good cause shall exist if a presiding officer or board official:
(1)
Has a direct interest in the outcome of a proceeding, including, but not
limited to, a financial or family relationship;
(2)
Has made statements or engaged in behavior which objectively demonstrates
that he or she has prejudged the facts of a case;
(3)
Personally believes that he or she cannot fairly judge the facts of a
case.
(c)
Mere knowledge of the issues, the parties or any witness shall not
constitute good cause for withdrawal.
Lsa 203.03
Waiver or Suspension of Rules by Presiding Officer.
The presiding officer, upon his or her own initiative or upon the motion
of any party, shall suspend or waive any requirement or limitation imposed by
this chapter upon reasonable notice to affected persons when the proposed waiver
or suspension appears to be lawful, and would be more likely to promote the
fair, accurate and efficient resolution of issues pending before the board than
would adherence to a particular rule or procedure.
PART Lsa 204
FILING, FORMAT AND DELIVERY OF DOCUMENTS
Lsa 204.01
Date of Issuance or Filing.All documents governed by these rules
shall be rebuttably presumed to have been issued on the date noted on the
document and to have been filed with the board on the actual date of receipt by
the board, as evidenced by a date stamp placed on the document by the board in
the normal course of business
Lsa 204.02
Format of Documents
(a) All correspondence,
pleadings, motions or other documents filed under these rules shall:
(1) Include the title and
docket number of the proceeding, if known;
(2) Be typewritten or
clearly printed on durable paper 8 1/2 by 11 inches in size;
(3) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and
(4)
Include a statement certifying that a copy of the document has been
delivered to all parties to the proceeding in compliance with Lsa 204.03.
(b) A party or
representative's signature on a document filed with the board shall constitute
certification that:
(1) The signer has read the
document;
(2) The signer is authorized
to file it;
(3)
To the best of the signer’s knowledge, information and belief there are
good and sufficient grounds to support it; and
Lsa 204.03
Delivery of Documents
(a) Copies of all petitions,
motions, exhibits, memoranda, or other documents filed by any party to a
proceeding governed by these rules shall be delivered by that party to all other
parties to the proceeding.
(b) All notices, orders,
decisions or other documents issued by the presiding officer or board shall be
delivered to all parties to the proceeding.
(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.
PART Lsa 205 TIME
PERIODS
Lsa 205.01 Computation of Time
(a) Unless otherwise
specified, all time periods referenced in this chapter shall be calendar days.
(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 egal holiday.
PART Lsa 206 MOTIONS AND PLEADINGS
Lsa 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 order the moving party to submit
the motion in writing, with supporting information within 5 days of the order.
Objections to such motions shall be filed within 5 days of the filing of the
motion.
(c) Objections to written
motions shall be filed within 30 days of the date of the motion;
(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.
Lsa 206.02
Pleadings.
(a) The only
pleadings permitted shall be petitions, other than for rulemaking, and replies
to petitions. Applications shall not be considered pleadings.
(1) The name and
address of the petitioner;
(2) The name and
address of the petitioner's representative, if any;
(3) A concise
statement of the facts that caused the petitioner to request the board to act;
(4) The action
that the petitioner wishes the board to take; and
(c) Board replies to
petitions shall contain
(1) The name and
address of the petitioner;
(2) The name and
address of the representative of the petitioner, if any;
(3) A statement
addressing each fact alleged in the petition;
(4) A statement
addressing the authority identified by the petitioner;
(5) A concise
response to each statement;
(6) The
identification of any statutes, rules, orders, or other authority, not
identified in the petition, having a bearing upon the subject matter of the
petition; and
(7) The action the
board took.
(d) Replies shall be filed
within 90 days from the date of the petition.
PART Lsa 207
NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES
Lsa 207.02
Docket Numbers. A docket number
shall be assigned to each matter to be heard which shall appear on the notice of
hearing and all subsequent orders or decisions of the board.
Lsa 207.03
Notice of Hearing.
(a) A notice of a hearing issued by the board at least 30 days prior to
the hearing shall contain the
information required by RSA 541-A:31, III, namely:
(1) A statement of the time,
place and nature of any hearing;
(2) A statement of the legal
authority under which a hearing is to be held
(3) A reference to the
particular statutes and rules involved including this chapter;
(4) A short and plain
statement of the issues presented;
(5) A statement
that each party has the right to have an attorney represent them at their own
expense; and
(6) A statement
that each party has the right to have the board provide a certified shorthand
court reporter at the party’s expense and that any such request shall be
submitted in writing at least 10 days prior to the hearing.
Lsa 207.04 Appearances and Representation
(a)
A party or the party’s representative shall file an appearance that
includes the following information
(1)
A brief identification of the matter;
(2)
A statement as to whether or not the representative is an attorney; and
(3)
The party or representative's daytime address and telephone number.
Lsa 207.05
Prehearing Conference. Any
party may request, or the presiding officer shall schedule on his or her own
initiative, a pre-hearing conference in accordance with RSA 541-A:31,V to
consider:
(a)
Offers of settlement;
(b)
Simplification of the issues;
(c)
Stipulations or admissions as to issues of fact or proof by consent of
the parties;
(d)
Limitations on the number of witnesses;
(e)
Changes to standard procedures desired during the hearing by consent of
the parties;
(f)
Consolidation of examination of witnesses; and
(g)
Any other matters which aid in the disposition of the proceeding.
PART Lsa 208 ROLES
OF BOARD STAFF AND COMPLAINANTS
Lsa 209.01
Intervention.
(a)
A non-party may intervene in a matter pending before the board
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 proceeding 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, he or she shall grant
the motion for intervention.
(c) Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the petition for intervention.
(d) Petitions for
intervention shall be filed any time after commencement of a proceeding, and
state:
(1) The
petitioner's interest in the subject matter of the hearing;
(2) Whether the
petitioner appears in support of the
complainant, or the
respondent, as well as for his or her own interest;
(4) Any other
reasons why the petitioner should be permitted to intervene.
(e) 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 the proceeding
(f) Once granted leave to
intervene, an intervenor shall take the proceeding as he or she finds it and no
portion of the proceeding shall be repeated because of the fact of intervention.
PART Lsa 210 POSTPONEMENT REQUESTS AND
FAILURE TO ATTEND HEARING
Lsa 210.01
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.
Lsa 210.02
Failure to Attend Hearing .
(a)
If any party to whom notice has been given in accordance with Lsa 207.03
fails to attend a hearing, the presiding officer shall declare that party to be
in default unless failure to attend is justified by a showing of
good cause.
(b)
Good cause shall include accident, illness or other circumstances beyond
the control of the licensee.
(c)
In the absence of good cause for failure to attend the hearing, the
presiding officer shall:
(1) Dismiss the
case, if the party with the burden of proof fails to appear;
(2) Hear the
testimony and receive the evidence offered by a party, if that party has the
burden of proof in the case; or
(3)
Grant a postponement of the hearing under the provisions of Lsa 210.01.
PART Lsa 211
REQUESTS FOR INFORMATION OR DOCUMENTS
Lsa 211.01
Voluntary Production of
(a) Each party
shall attempt in good faith to completely and timely respond to requests for the
voluntary production of information or documents relevant to the hearing.
(b) When a dispute between parties arises concerning a request for the
voluntary production of information or documents, any party may file a motion to
compel the production of the requested information under Lsa 211.02
Lsa 211.02
Motions to Compel Production of
(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing.
(b)
The moving party’s motion shall:
(1) Set forth in detail
those factors which it believes justify its request for information; and
(2) List with specificity
the information it is seeking to discover.
(c) When a party has
demonstrated that such requests for information are necessary for a full and
fair presentation of the evidence at the hearing, the presiding officer shall
grant the motion.
Lsa 211.03
Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits
At least 5 days before the hearing the parties shall exchange a list of
all witnesses to be called at the hearing with a brief summary of their
testimony, a list of all documents or exhibits to be offered as evidence at the
hearing, and a copy of each document or exhibit.
PART Lsa 212
RECORD, PROOF, EVIDENCE AND DECISIONS
Lsa 212.01
Record of the Hearing.
(a)
The board
shall record the hearing by tape recording or other method that will provide a
verbatim record except for a proceeding on emergency action shall be governed by
RSA 541-A:30, III.
(b)
If any person requests a transcript of the taped record, the board shall
cause a transcript to be prepared and, upon receipt of payment for the
cost of the transcription, shall provide copies of the transcript to the
requesting party.
(c)
At the request of a party to any proceeding involving disciplinary action, the
record of the proceeding shall be made by a certified shorthand court reporter
provided by the board at the requesting party’s expense.
A request for a certified shorthand court reporter shall be filed at
least 10 days prior to the hearing.
Lsa 212.03 Testimony;
Order of Proceeding
(a) Any person offering
testimony, evidence or arguments shall state for the record his or her name, and
role in the proceeding. If the
person is representing another person, the person being represented shall also
be identified.
(b) Testimony shall be
offered in the following order:
(1) The party or parties
bearing the burden of proof and such witnesses as the party may call;
(2) The party or parties
opposing the party who bears the overall burden of proof and such witnesses as
the party may call.
Lsa 212.04
Evidence
(a) Receipt of evidence
shall be governed by the provisions of RSA 541-A:33.
(b) All documents, materials
and objects offered as exhibits shall be admitted into evidence unless excluded
by the presiding officer as irrelevant, immaterial, unduly repetitious or
legally privileged.
(c) All objections to the
admissibility of evidence shall be stated as early as possible in the hearing,
but not later than the time when the evidence is offered.
(d) Transcripts of testimony
and documents or other materials, admitted into evidence shall be public records
unless the presiding officer determines that all or part of a transcript or
document is exempt from disclosure under RSA 91-A:5 or applicable case law.
Lsa 212.05
Proposed Findings of Fact and Conclusions of Law
(a) Any party may submit
proposed findings of fact and conclusions of law to the presiding officer prior
to or at the hearing.
(b) Upon request of any
party, or if the presiding officer determines that proposed findings of fact and
conclusions of law would serve to clarify the issues presented at the hearing,
the presiding officer shall specify a date after the hearing for the submission
of proposed findings of fact and conclusions of law.
(c) In any case where
proposed findings of fact and conclusions of law are submitted, the decision
shall include rulings on the proposals.
Lsa 212.06
Closing the Record
(a) After the conclusion of
the hearing, the record shall be closed and no other evidence shall be received
into the record, except as allowed by (b) below and Lsa 212.08.
(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 and for
cross examination on such evidence.
Lsa 212.07
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.
Lsa 212.08
Decisions
(a) A board member shall not
participate in making a decision unless he or she personally heard the testimony
in the case, unless the matter’s disposition does not depend on the credibility
of any witness and the record provides a reasonable basis for evaluating the
testimony.
(b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.
(c) If a proposal for
decision in a matter not personally heard by the board is adverse to a party to
the proceeding other than the board itself, the board shall serve a copy of the
proposal for decision on each party to the proceeding and provide an opportunity
to file exceptions and present briefs and oral arguments to the board.
(d) A proposal for decision
shall become a final decision upon its approval by the board.
PART Lsa 213 MOTION FOR REHEARING
Lsa 213.01 Purpose
The rules in this part are intended to supplement any statutory provisions,
including RSA 541, that require or allow a person to request a rehearing of a
decision of the board prior to appealing the decision.
Lsa 213.02 Applicability.
The rules in this part shall apply whenever any person has a right under
applicable law to request a rehearing of a decision prior to filing an appeal of
the decision with the court having appellate jurisdiction.
Lsa 213.03 Filing and Content of Motion
(a)
The motion for rehearing shall be filed within 30 days of the date of the
board decision or order.
(b) A motion for rehearing shall:
(1)
Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2)
Describe how each error causes the board's decision to be unlawful,
unjust or unreasonable, or illegal in respect to jurisdiction, authority or
observance of the law, an abuse of discretion, 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.
Lsa 213.04 Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable
Lsa 213.05 Decision on Motion for Rehearing.
The board shall grant or deny a motion for rehearing, or suspend the
order or decision pending further consideration within 10 days of the filing of
the motion for rehearing.
Lsa 214.01
Purpose. The purpose of this part is to provide a uniform procedure for the
conduct of public hearings at which comment from the general public will be
solicited for evaluation and consideration by the board relative to rulemaking.
Lsa 214.02
Scope.
(a) These rules shall apply to all hearings required by
state law to be conducted by theboard at which public
comment shall be solicited, except that they shall not apply to adjudicative
hearings.
(b) If any requirement set by these rules conflicts
with an applicable statute such other authority shall control.
Lsa 214.03
Notice.
(a) A public
comment hearing concerning rulemaking shall be commenced by placing notice of
the hearing in the "Rulemaking Register" so that it shall appear at least 20
days prior to the hearing date.
(b) Notice for
rulemaking public comment hearings shall comply with RSA 541-A:6, I.
(c) Nothing in
these rules shall prohibit the board from giving greater notice than the
minimums set out in this part.
(a) Public comment
hearings shall be open to the print and electronic media.
(b) The moderator shall place
limits on the activities of the media to avoid disruption in the following ways:
(1) Limiting the number of media
representatives when their presence is disproportionate
to the number of other citizens present and shall cause other citizens to be
excluded;
(2) Limiting the
placement of television cameras to certain locations in the hearing room; and
(3) Prohibiting
interviews from being conducted within the hearing room during the hearing.
Lsa 214.05
Moderator
(a) The hearing
shall be presided over by a moderator who shall be the board chairperson or a
designee.
(b) The moderator
shall:
(2) Cause a
recording of the hearing to be made;
(5) Limit the time
for each speaker, as set out in Lsa 214.06(b);
(6) Remove or have
removed any person who disrupts the hearing;
(7) Adjourn the
hearing; and
(8) Provide
opportunity for the submission of written comments.
Lsa 214.06
Public Participation.
(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard, the time and the availability of the facility
(b) The board,
through the moderator, shall:
(1) Refuse to
recognize a person who refuses to give his or her full name and address;
shall be allowed to enter their names and addresses
into the record as supporting the position by the group or organization;
(4) Revoke
recognition of a speaker who refuses to keep his or her comments relevant to the
issue or issues which are the subject of the hearing.
(c) Written comments may be submitted any time from
the time notice has been published until the record has been closed by the
moderator, which shall not be less than 7 calendar days after the hearing.
(d) In the event that the number of speakers who
wish to give oral testimony relevant to the issue or issues involved exceed that
number which can be heard within a reasonable period of time subject to facility
availability and length of the hearing, the hearing shall be reconvened pursuant
to RSA 541-A:11, III
to afford such persons the
opportunity to be heard. Speakers may elect to submit written testimony in lieu
of additional oral hearing.
Lsa 215.01 Petition 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)
The text of the proposed rule or a statement of the particular results intended
by the petitioner to flow from the implementation of the proposed rule;
(2)
An identification of the particular rule sought to be amended or repealed;
(3) Any data or
argument the petitioner believes would be useful to the board in deciding
whether to commence a rulemaking proceeding; and
(4) Name, address, signature of petitioner and date
signed.
(a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board shall request additional data or argument from the petitioner or other interested persons to clarify the merits of the petition.
(b)
The board shall grant the petition if the petition is consistent with
statute and case law and will assist the board with the regulation of the
profession.
PART Lsa
216 DECLARATORY RULINGS
Lsa 216.01
Petitions.
(a) Any person may request a declaratory ruling
from the board on matters within
its jurisdiction by filing an original and 5 copies of a petition pursuant to
Lsa 206.02 (b)
(b) A petition for declaratory ruling shall set
forth the following information:
(1) The exact ruling being requested;
and
(2) The statutory
and factual basis for ruling, including any supporting
affidavits or memoranda of a law.
Lsa 216.02
Action 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 rule on the petition pursuant to Lsa 206.02 (d).
PART Lsa 217
EXPLANATION AFTER ADOPTION
Lsa 217.01
Explanation after Adoption.
(a)
Any person may request an explanation regarding adoption of the rules
pursuant to RSA 541-A:11,VII by submitting a request to the board.
(b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.
CHAPTER Lsa 300 LICENSURE REQUIREMENTS
Lsa 301.01 Application Process.
(a)
Persons wishing to become licensed as a landscape architect in
(b) An application, which is not signed by the applicant, and/or is not accompanied by cash, a valid check or a valid credit card for the application fee, shall not be accepted for processing and shall be returned to the applicant.
(c) If the application is
denied, the applicant shall be provided an opportunity to request a hearing for
reconsideration pursuant to Lsa 206 on the deficiency issues identified by the
board. Any such request shall be made in writing and received by the board
within 30 days of the receipt of the notification of denial.
(d) Applications
about which there has been no communication from the applicant to the
board for one year shall be destroyed.
Lsa 301.02 Application for Licensure
(a)
Each applicant for licensure shall provide, or cause to be provided, the
following on a form supplied by the board:
(1) The applicant’s name, including any names previously used;
(2) &n