New Hampshire Code of Administrative Rules
Hcp - Board of Hearing Care Providers
Chapter Hcp 200 - PRACTICE AND PROCEDURE
Part Hcp 201 - PURPOSE, SCOPE AND DEFINITIONS
Section Hcp 201.02 - Definitions
Current through Register No. 40, October 3, 2024
Except where the context makes another meaning manifest, the following words shall have the meanings indicated when used in this chapter:
(a) "Adjudicative proceeding" means "adjudicative proceeding" as defined in RSA 541-A:1, I, namely, "the procedures to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36" and Hcp 200.
(b) "Complaint" means a written allegation of professional misconduct against a licensee or registrant.
(c) "Contested case" means "contested case" as defined in RSA 541-A:1, IV, namely, "a proceeding in which the rights, duties, or privileges of a party are required by law to be determined by the board after notice and an opportunity for hearing." The term does not include nonadjudicative investigations or rulemaking.
(d) "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings, photographs, audio or video recordings, computer programs, or computer printouts.
(e) "File" means to place a document in the actual possession of the board.
(f) "Hearing" means the receipt and consideration by the board of data or argument, or both, by methods which are appropriate to the nature and scope of the issues being decided by the board.
(g) "Hearing counsel" means an individual appointed by the board under Hcp 206.15(d) or Hcp 210.03 to prosecute or investigate misconduct allegations in the public interest.
(h) "Motion" means any request by a party to an existing adjudicative proceeding for an order or relief relating to that proceeding.
(i) "Nonadjudicative investigation" means a formal or informal search by the board for data concerning matters within its jurisdiction, the result of which is other than a final determination of a person's rights, duties or privileges.
(j) "Order" means a document issued by the board:
(4) Determining a person's rights to a license or registration or other privilege established by RSA 137-F or the rules of this chapter.
(k) "Petition" means an initial request to the board seeking action or relief, but does not include a license or registration application, a complaint against a licensee or registrant, or a motion.
(l) "Presiding officer" means the board member or other individual to whom the board has delegated authority to preside over some or all aspects of an adjudicative or other proceeding.
(m) "Proposed decision" means an initial or recommended decision made by a presiding officer pursuant to Hcp 207.04 which is subject to review by the entire board.
(n) "Rulemaking" means the procedures for formulating agency rules set forth in RSA 541-A:3.
#6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08