Section Fam 201.01 - Definitions(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 RSA 541-A:31 through RSA 541-A: 36."(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 proceeding.(c) "Board" means the board of family mediator certification established by RSA 328-C:4.(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 hearing."(e) "Declaratory ruling" means, pursuant to RSA 541-A:1, V, a ruling by the board as to the specific applicability of any statutory provision or of any rule or order of the board.(f) "Intervenor" means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.(g) "Letter of concern" means a written letter from the board drawing the certified family mediator's attention to specific acts or omissions that could place the certified family mediator at risk of future disciplinary action. A letter of concern is non-disciplinary, confidential, and is sent to the certified family mediator following an allegation and investigation pursuant to RSA 328-C:4-a, VI.(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, pursuant to RSA 541-A:1, XI, the whole or part of the board's final disposition of a matter other than a rule, but not including the board's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.(j) "Party" means "party" as defined in RSA 541-A:1, XII, namely, "each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party."(k) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the board.(l) "Presiding officer" means, pursuant to RSA 541-A:1, XIV, that individual to whom the board has delegated the authority to preside over a proceeding, if any, or the chair of the board.(m) "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.(n) "Public comment hearing" means a proceeding held pursuant to RSA 541-A:11.(o) "Record" means, in a contested case, the materials set forth in RSA 541-A:31, VI.(p) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4, I.N.H. Admin. Code § Fam 201.01
#5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02, EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by #9668, eff 4-2-10 (see Revision Note at chapter heading for Fam 200)
Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12633, Effective 10/2/2018.