N.H. Admin. Code § Liq 205.11

Current through Register No. 50, December 12, 2024

Section Liq 205.11 - Adjudicative Proceedings

(a) This section shall apply to all adjudicative proceedings.

(b) The commission shall commence an adjudicative proceeding by issuing an order of notice which:

(1) Identifies the parties to the proceeding as of the date of the order;

(2) Briefly summarizes the subject matter and issues to be resolved;

(3) Specifies the statutory authority for the proposed action and identify any agency rules;

(4) Specifies the date by which, and place where, appearance shall be filed;

(5) Specifies the date, time and place of the first day of oral hearing, if any, which may be limited to procedural matters; and

(6) Specifies the date and address for submission of written materials;

(c) The commission shall carry out the service of order of notice in the following manner:

(1) The presiding officer shall serve notice upon all parties to the proceeding by certified mail or by personal service, at least 10 days before the first date of oral hearing or the first date action is required in response to the order; and

(2) The date of service shall be the date of personal delivery or receipt through the mail.

(d) Upon a written petition showing good cause which shall include, but shall not be limited to the licensee requesting a speedy hearing, the presiding officer shall shorten the 10 day notice requirement, provided no party shall be prejudiced thereby.

(e) All subsequent official communications between parties including, but not limited to, petitions, responses, motions, orders, and memoranda, shall be served on all parties, either by the United States Mail or personal service.

(f) Orders, notices, memoranda, exhibits, and all other material submitted in a case shall be kept in a case file.

(g) The presiding officer shall provide reasonable notice of any change to the order of notice to all parties.

(h) Any party, to whom notice has been served in accordance with this chapter, who fails to appear and fails to advise the agency of non-appearance prior to the scheduled time of the hearing at which evidence shall be presented, shall have a decision rendered against him or her which shall result in adverse administrative action by default.

(i) Orders of the commission shall be carried out in the following manner.

(1) Within the time prescribed in Liq 206.03(a) after the conclusion of a hearing, the presiding officer shall issue an order stating the action to be taken by the commission and the reasons therefore;

(2) The order shall be sent to all parties through the United States mails or by personal delivery; and

(3) The order shall constitute a final decision on the part of the commission for appeal purposes.

(j) Intervention petitions shall be carried out in the following manner:

(1) Petitions for intervention shall be filed at least 3 days before the commencement of a proceeding or at any time if the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the proceeding;

(2) Petitions for intervention shall state, with particularity:

a. The petitioner's interest in the subject matter of the proceeding;

b. The petitioner's position with respect to the subject matter of the hearing;

c. Why the interest of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

d. Any other reasons why the petitioner should be permitted to intervene;

(3) An intervener shall be subject to the same limitations which would have been applicable if she or he had been a party from the commencement of the proceeding; and

(4) An intervener shall participate in the remaining aspects of the proceeding from the time of intervention, and no phase or portion of the proceeding shall be repeated for the benefit of the intervener.

(k) Joinder and severance shall be carried out in the following manner:

(1) Whenever it appears to the agency, upon motion or its own initiative, that 2 or more proceedings involve substantially similar or substantially related issues the commission shall join those proceedings for hearings, decision or both, provided no party would be prejudiced by the joinder; and

(2) Whenever it appears to the agency, upon motion or its own initiative, that prejudice to a party or parties or undue delay might be avoided, the commission shall sever one or more issues or parties, and dispose of those issues in another proceeding.

N.H. Admin. Code § Liq 205.11

#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