Section Liq 205.02 - Definitions(a) "Adjudicative hearing" means any proceeding in which the rights, duties, or privileges of a person are determined by the commission, including action on reports of violation, permission requests of licensees and licensing, but not including non-adjudicatory hearings or rulemaking.(b) "Data" means all information other than argument, including, but not limited to:(1) Oral or written descriptions;(7) Audio or video recordings;(11) Memoranda or documents, whether finished or unfinished.(c) "Commission" means a quorum of the liquor commission or an individual appointed by vote of the commission for the purpose of conducting specific adjudicatory hearings.(d) "Ex-parte communication" means ex-parte communication as defined in RSA 541-A:36.(e) "Field administrative notice" means the notification given the person in charge of the premises licensed by the commission, by a commission investigator setting forth the statutes and/or rules alleged to have been violated with the procedure and times for requesting a hearing on those allegations.(f) "File" means to place a document in the actual possession of the commission.(g) "Hearing" means the process by which the parties actually present evidence, data, and/or argument by methods appropriate to the circumstances and includes but is not limited to: (1) Conducting trial type evidentiary procedures;(2) Directing the filing of exhibits, affidavits, memoranda, briefs;(3) Directing the delivery of oral argument; or(4) Any combination of the above or similar procedures.(h) Licensee means a licensee as defined by either RSA 126-K or RSA 175:1, as applicable.(i) "Motion" means any request by a party to a proceeding for an order relating to that proceeding.(j) "Non-adjudicative hearing" means a formal or informal search for data by the commission concerning matters within its jurisdiction.(k) "Order" means a document issued by the commission requiring a person to do or abstain from doing something, or determining a person's rights or privileges.(l) "Party" means any person who participates in the proceeding and will be directly affected by the outcome of the proceeding.(m) "Person" means "person" as defined by RSA 175:1, LIII or RSA 126-K, as applicable, and includes any association, governmental subdivision, or public or private organization.(n) "Petition" means any application, complaint, request, or other communication to the commission other than a motion, seeking an order, license, or any other relief.(o) "Presiding officer" means the chairman of the liquor commission or an individual appointed by vote of the commission to conduct a specific adjudicatory hearing.(p) "Rulemaking" means the process by which the commission adopts rules.(q) "Violation" means "violation" as defined in Liq 601.03(x).N.H. Admin. Code § Liq 205.02
(See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A, eff 7-1-06