N.H. Admin. Code § Ve-H 202.01

Current through Register No. 45, November 7, 2024

Section Ve-H 202.01 - Meanings of Terms Used

The following terms used in this chapter shall have the following meanings:

(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) "Board" means the board of managers as described in RSA 119:2.

(d) "Commandant" means the chief operating officer of the New Hampshire veterans' home.

(e) "Complaint" means any allegation or assertion that the home has acted in an illegal or unjust manner.

(f) "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.

(g) "Home" means the New Hampshire veterans' home.

(h) "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.

(i) "Legal representative" means any person designated in the manner required by law to act on behalf of an applicant for residency or resident, including:

(1) A guardian;

(2) A conservator; and

(3) A person acting pursuant to an applicable power of attorney.

(j) "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.

(k) "Order" means, pursuant to RSA 541-A:1, XI, the whole or part of the board's final disposition of a matter other than a rule, but not including the board's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.

(l) "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."

(m) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the board.

(n) "Presiding officer" means the commandant or any other person designated by the commandant.

(o) "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.

(p) "Public comment hearing" means a proceeding held pursuant to RSA 541-A:11.

(q) "Record" means, in a contested case, the materials set forth in RSA 541-A:31, VI.

(r) "Resident council" means an organization internal to the home:

(1) Including all the residents of the home by virtue of their residency;

(2) Requiring no fee for membership; and

(3) Organized for the following purposes stated in its by-laws:

a.Helping the home's administration to provide better programs, surroundings and services;

b.Giving residents greater participation in the affairs of the home;

c.Promoting friendship and understanding among residents; and

d.Providing and receiving information for the benefit of residents.

(s) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4, I.

N.H. Admin. Code § Ve-H 202.01

#6313-A, eff 8-8-96, EXPIRED: 8-8-04

New. #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

New. #8951, eff 7-21-07