Section Int 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 "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 intervener or the representative of a party or intervener intends to actively participate in an adjudicative proceeding.(c) "Complaint" means a written allegation of professional misconduct against a licensee or unlicensed interpreter in written or alternative format pursuant to Int 205.05 .(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) "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 proceedings;(2) Directing the filing of exhibits, affidavits, memoranda, briefs, or oral arguments; or(3) Any combination of these or similar methods.(g) "Intervener" means a person initially without the status of a party who participates upon motion in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.(h) "Investigation" means an inquiry by a board designee for information concerning allegations of professional misconduct by a licensee or unlicensed interpreter pursuant to RSA 326-I:7, IV (a).(i) "Licensee" means a person licensed pursuant to RSA 326-I.(j) "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.(k) "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."(l) "Petition" means a request to the board seeking an order or any other action or relief, but does not include a license application, a complaint against a licensee, or a motion.(m) "Presiding officer" pursuant to RSA 541-A:1, XIV, that individual to whom the board has delegated the authority to preside over a proceeding, if any. Otherwise the term means the chairperson of the board.(n) "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.(o) "Rulemaking" means the statutory procedures for the formulation of a rule set forth in RSA 541-A:3.(p) "Unlicensed interpreter" means a person exempt from the licensing requirements of RSA 326-I under the exemption provided in RSA 326-I:7, IV (a) but subject to the disciplinary proceedings of the board.N.H. Admin. Code § Int 202.01
#7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A, eff 12-16-11; ss by #10359, eff 6-14-13