N.H. Admin. Code § Fis 202.01

Current through Register No. 2, January 9, 2025
Section Fis 202.01 - Definitions
(a) "Appearance" means a written notification to the department that a party or a party's representative intends to actively participate in a hearing.
(b) "Department" means the fish and game department.
(c) "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."
(d) "License" means "the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by Title XVIII.
(e) "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.
(f) "Natural person" means a human being.
(g) "Order" means "order" as defined by RSA 541-A:1, XI, namely, "the whole or part of an agency's final disposition of a matter, other than a rule, but does not include an agency's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation".
(h) "Party" means "party" as defined by RSA 541-A:1, XII, namely, "each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party." The term "party" includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:33, III.
(i) "Person" means "person" as defined by RSA 541-A:1, XIII, namely, "any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency."
(j) "Presiding officer" means presiding officer as defined in RSA 541-A:1, XIV, namely, "that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency."
(k) "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.
(l) "Revocation" means "revocation" as defined in RSA 207:1, XXIII-a, namely, "the recession, cancellation, nullification or invalidation of a license, the ability to acquire a license, or the ability to participate in any of the activities specified in the revocation.
(m) "Suspension" means "suspension" as defined in RSA 207:1, XXVI-a, namely, "the temporary discontinuance or cessation for a period of time of a license, the ability to acquire a license or the ability to participate in any of the activities specified in the suspension.
(n) "Working days" means calendar days exclusive of Saturdays, Sundays, and state or federal holidays.

N.H. Admin. Code § Fis 202.01

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96

New. #7382, eff 10-25-00, EXPIRED: 10-25-08

New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09

New. #9636-A, eff 1-12-10