Current through Register No. 50, December 12, 2024
Section Nat 201.01 - DefinitionsThe following terms shall have the following meanings:
(a) "Appearance" means a written notification to the board that a party, an intervenor or the representative of a party or intervenor intends to actively participate in a hearing.(b) "Board" means "board" as defined in RSA 328-E:2, III, namely, "the naturopathic board of examiners established under RSA 328-E:7."(c) "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".(d) "Declaratory ruling" means "declaratory ruling" as defined in RSA 541-A:1, V, namely, "an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency".(e) "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".(f) "Intervenor" means a person without the status of a party but participating in a hearing to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.(g) "Motion" means a request to the presiding officer for an order or ruling directing some act to be done in favor of the proponent of the motion, which request includes a statement of reasons for the request and any applicable law supporting the request.(h) "Order" means "order" as defined in 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".(i) "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".(j) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the committee.(k) "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".(l) "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.(m) "Public comment hearing" means a hearing held pursuant to RSA 541-A:11.(n) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4, I.N.H. Admin. Code § Nat 201.01
#6380, eff 11-26-96, EXPIRED: 11-26-04
New. #8300, eff 3-9-05