New Hampshire Code of Administrative Rules
Gal - Guardian ad Litem Board
Chapter Gal 200 - PROCEDURAL RULES
Part Gal 201 - DEFINITIONS
Section Gal 201.01 - Definitions

Universal Citation: NH Admin Rules Gal 201.01

Current through Register No. 12, March 21, 2024

(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 or that an individual is represented in another proceeding or process of the board.

(c) "Complainant" means the person who signs the complaint form specified in Gal 203.01.

(d) "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."

(e) "Court personnel" means a judge, clerk of court or any other person employed within the judicial branch of government.

(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) "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.

(h) "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.

(i) "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.

(j) "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."

(k) "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 the board."

(l) "Presiding officer" means, pursuant to RSA 541-A:1, XIV, that individual to whom the board has delegated the authority to preside over a proceeding, if any; otherwise it means the chair of the board.

(m) "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.

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

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

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

#8940, eff 9-15-07

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