New Hampshire Code of Administrative Rules
Eth - Executive Branch Ethics Committee (See RSA 21-G:32 pursuant to 2006, 21:3, effective 6-2-06.)
Chapter Eth 200 - RULES OF PRACTICE AND PROCEDURE
Part Eth 202 - DEFINITIONS
Section Eth 202.01 - Definitions
Current through Register No. 40, October 3, 2024
(a) "Advisory opinion" means a written opinion of the committee, issued in response to a written request by an executive branch official, that provides advice on the application of one or more sections of RSA 15-A, RSA 15-B, and RSA 21-G:21-35 to a specific set of circumstances identified by the requester.
(b) "Appearance" means a written notification to the committee that a party or a party's representative intends to actively participate in a hearing.
(c) "Clear and convincing evidence" means a demonstration that a fact or legal conclusion is not merely probable but is highly probable.
(d) "Committee" means the executive branch ethics committee established pursuant to RSA 2l-G:29, I.
(e) "Complainant" means the person who submits a complaint to the committee.
(f) "Complaint" means a written, signed allegation made under oath by a complainant or initiated by the committee that a person subject to the committee's jurisdiction pursuant to RSA 21-G:29, II, has committed one or more acts constituting a violation of RSA 21-G:21 - 35, RSA 15-A, or RSA 15-B.
(g) "Frivolous" means clearly insufficient, without a basis in law or fact.
(h) "Guideline" means a written opinion of the committee explaining one or more sections of RSA 15-A, RSA 15-B, and RSA 21-G:21-35 under general circumstances, issued for the purpose of providing guidance to executive branch officials.
(i) "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."
(j) "Motion" means a request to the committee for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.
(k) "Party" means "party" as defined in RSA 541-A:1, XI, namely, "each person or committee named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party." The term "party" includes the respondent and any intervenor in a proceeding, subject to any limitations established pursuant to RSA 541-A:32, III.
(l) "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 a committee."
(m) "Preliminary investigation" means the process the committee will follow in the event a complaint is not dismissed pursuant to RSA 21-G:31, I, to include a full discussion on the merits of the complaint and, as necessary, the gathering of additional information beyond that supplied by the complainant.
(n) "Presiding officer" means the chair or the individual to whom the committee has delegated the authority to preside over a proceeding.
(o) "Respondent" means the executive branch official subject to the jurisdiction of the committee about whom a complaint has been made.
(p) "Scurrilous" means abusive or defamatory.
(q) "Retaliatory" means accusing someone of misconduct in order to get revenge for, or to get back at that person for action he or she took against the accuser.
