N.H. Admin. Code § Nur 203.01

Current through Register No. 50, December 12, 2024
Section Nur 203.01 - Representatives
(a) A natural person appearing before the board may choose to be represented by an individual who:
(1) Is a New Hampshire licensed attorney who has filed a written appearance with the board containing his or her business address and telephone number; or
(2) Is not a New Hampshire attorney, but has filed a written appearance that includes the following:
a. His or her daytime address;
b. His or her daytime telephone number, cellular phone number, or both, if he or she has one or both;
c. His or her electronic email address, if he or she has one;
d. A statement that he or she does not have any criminal convictions that have not been annulled, or, if he or she has any criminal convictions that have not been annulled, a description of all material facts relating to each such conviction;
e. If his or her occupation is regulated by any state or federal entity, a statement that he or she has not been found to have committed misconduct, or if he or she has been found to have committed misconduct, a description of all material facts relating to each finding;
f. A statement identifying each instance in which he or she has represented any other person in any other forum for the 3 years previous to the filing of the appearance;
g. A statement that he or she has never had sanctions imposed upon him or her for his or her conduct in his or her representation, or, if any such sanction has been imposed, a description of all material facts relating to the imposition of every such sanction;
h. A statement as to whether there are any criminal or misconduct proceedings pending against him or her, and if there are, a description of all material facts regarding such charges; and
i. The signatures of the representative and the party or intervenor to be so represented.
(b) Corporations, partnerships and other legal entities that are not natural persons shall be represented only by:
(1) An attorney licensed in New Hampshire; or
(2) An officer, director, or any other person who has express and written authority to act on behalf of the entity concerning the matter in question and has filed a motion for leave to appear as a representative.
(c) Nothing in this section shall be construed to permit the unauthorized practice of law.
(d) The representative submitting an appearance pursuant to (a) (2) above shall, pursuant to RSA 311:1, be presumed to be of good character unless the appearance discloses one or more of the following:
(1) He or she has been convicted of any misdemeanor or felony involving dishonesty within the 3 years immediately preceding the filing of the appearance;
(2) He or she has been found to have committed misconduct by an occupational regulatory body of this or any other state or the federal government;
(3) He or she has been sanctioned for his or her actions as a representative in any other forum within the 3 years immediately preceding the filing of the appearance; or
(4) There is any pending criminal or misconduct charges against the representative and such charges relate to honesty.
(e) If an appearance filed pursuant to (a) (2) above discloses any of the circumstances listed in (d) above, the board shall prohibit the person from continuing as a representative in the proceeding and shall notify the person .
(f) The board shall, after providing notice and opportunity for hearing, restrict an individual from acting as a representative before the board when the representative's behavior obstructs the process.

N.H. Admin. Code § Nur 203.01

(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