New Hampshire Code of Administrative Rules
Fis - Executive Director, Fish and Game Department
Chapter Fis 200 - RULES OF PRACTICE AND PROCEDURE
Part Fis 202 - DEFINITIONS
Section Fis 202.01 - Definitions

Universal Citation: NH Admin Rules Fis 202.01

Current through Register No. 40, October 3, 2024

(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) "Department" means the fish and game department.

(c) "Hearing" means "adjudicative proceeding" as defined by 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."

(d) "License" means "the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by Title XVIII.

(e) "Motion" means a request to the presiding officer 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.

(f) "Natural person" means a human being.

(g) "Order" means "order" as defined by 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".

(h) "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." The term "party" includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:33, III.

(i) "Person" means "person" as defined by 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."

(j) "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."

(k) "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.

(l) "Revocation" means "revocation" as defined in RSA 207:1, XXIII-a, namely, "the recession, cancellation, nullification or invalidation of a license, the ability to acquire a license, or the ability to participate in any of the activities specified in the revocation.

(m) "Suspension" means "suspension" as defined in RSA 207:1, XXVI-a, namely, "the temporary discontinuance or cessation for a period of time of a license, the ability to acquire a license or the ability to participate in any of the activities specified in the suspension.

(n) "Working days" means calendar days exclusive of Saturdays, Sundays, and state or federal holidays.

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96

New. #7382, eff 10-25-00, EXPIRED: 10-25-08

New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09

New. #9636-A, eff 1-12-10

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