Section Res 201.01 - Definitions(a) "Appearance" means a written notification to the department that a party or a party's representative intends to actively participate in a hearing.(b) "Commissioner" means the commissioner of the department of resources and economic development.(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) "Department" means the New Hampshire department of resources and economic development, established by RSA 12-A:1.(f) "Evidence" means all information, other than argument, including, but not limited to, comments, reports, maps, surveys, charts, sound recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs and printouts, testimony, notes, memoranda and documents, whether finished or unfinished.(g) "Hearing" 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."(h) "Motion" means a request to the presiding officer by a party for an order relating to the hearing.(i) "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."(j) "Party" means "party" as defined in 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 "person" as defined in RSA 541-A:1, XIII, namely "any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency."(l) "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."(m) "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.N.H. Admin. Code § Res 201.01
#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
New. #5798, eff 3-18-94, EXPIRED: 3-18-00
New. #7568-A, eff 10-1-01