Section Nur 202.01 - Definitions(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 intervenor or the representative of a party or intervenor intends to actively participate in an adjudicative proceeding.(c) "Complaint" means an allegation of misconduct by a licensee, and which has been submitted in writing to the board.(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 part 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) "Intervenor" means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.(h) "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, including a statement of justification or reasons for the request.(i) "Order" means a document issued by the board:(1) Establishing procedures to be followed in an adjudicatory or non-adjudicatory 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 326-B or rules of this chapter.(j) "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."(k) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the board.(l) "Presiding officer" means, 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 it means the chair of the board provided that, pursuant to RSA 326-B:38, VIII, the case is not a misconduct case and the chair of the board is not a public member.(m) "Proof by preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.(n) "Public comment hearing" means a proceeding held pursuant to RSA 541-A:11.(o) "Record" means, in a contested case, the materials set forth in RSA 541-A:31, VI.(p) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4,I.N.H. Admin. Code § Nur 202.01
(See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #8664, INTERIM, eff 6-24-06, EXPIRED: 12-21-06
New. #8778, eff 12-23-06; ss by #10297, eff 3-22-13