N.H. Admin. Code § Frl 202.01

Current through Register No. 50, December 12, 2024
Section Frl 202.01 - Definitions

Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

(a) "Adjudicative proceeding" means any proceeding in which the rights, duties or privileges of a person are determined by the board, but does not include nonadjudicative investigations or rulemaking;
(b) "Complaint" means a written allegation of professional misconduct against a licensee of the board;
(c) "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings, photographs, audio or video recordings, computer programs, or computer printouts;
(d) "File" means to place a document in the actual possession of the board;
(e) "Hearing" means the receipt and consideration by the board of data or argument, or both, by methods which are appropriate to the nature and scope of the issues being decided by the board;
(f) "Hearing counsel" means an individual appointed by the board under Frl 211.03 or Frl 211.03 to prosecute or investigate misconduct allegations in the public interest;
(g) "Investigation" means a formal or informal search by the board for data concerning matters within its jurisdiction, the result of which is other than a final determination of a person's rights, duties or privileges;
(h) "Motion" means any request by a party to an existing proceeding for an order or relief relating to that proceeding;
(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 RSA 325 or the rules of this chapter;
(j) "Petition" means an initial request to the board seeking action or relief, but does not include a license application, a complaint against a licensee, or a motion;
(k) "Presiding officer" means the board member or other individual to whom the board has delegated authority to preside over some or all aspects of an adjudicative or other proceeding;
(l) "Proposed decision" means an initial or recommended decision made by a presiding officer pursuant to Frl 208.04 which is subject to review by the entire board; and
(m) "Rulemaking" means the procedures for formulating agency rules set forth in RSA 541-A:3.

N.H. Admin. Code § Frl 202.01

#1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94

New. #6928, eff 1-1-99, EXPIRED: 1-1-07

New. #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11

New. #9949-A, eff 6-24-11 (from Frl 201.02 )