New Hampshire Code of Administrative Rules
Hcp - Board of Hearing Care Providers
Chapter Hcp 200 - PRACTICE AND PROCEDURE
Part Hcp 205 - PLEADINGS, COMPLAINTS AND MOTIONS
Section Hcp 205.01 - Pleadings

Universal Citation: NH Admin Rules Hcp 205.01

Current through Register No. 40, October 3, 2024

(a) The only pleadings permitted shall be petitions and replies to petitions. Complaints against licensees/registrants shall be a particular type of petition and shall be subject to the additional requirements of Hcp 205.02. Applications for licenses or registrations shall not be considered pleadings.

(b) Petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts which the petitioner believes warrants the relief requested from the board;

(4) The description of the action which the petitioner wishes the board to take;

(5) A citation to any statutes, rules, orders, or other authority which the petitioner believes entitles the petitioner to the relief requested; and

(6) The signature and date required by Hcp 204.02(a).

(c) Replies to petitions shall contain:

(1) The name and address of the respondent;

(2) The name and address of the representative of the respondent, if any;

(3) A statement admitting or denying each fact alleged in the petition pursuant to Hcp 205.01(b)(3);

(4) A statement admitting or denying the authority identified by the petitioner pursuant to Hcp 205.01(b)(5);

(5) A concise statement of any additional or different facts which the respondent believes warrants the board acting in the manner requested by the respondent;

(6) A citation to any statutes, rules, orders or other authority, not identified in the petition, that the respondent believes has a bearing upon the subject matter of the petition or response;

(7) A description of the action which the respondent wishes the board to take; and

(8) The signature and date required by Hcp 204.02(a).

(d) Replies shall be filed within 10 days from the date of the filing of the petition.

(e) For purposes of deciding whether to grant or deny a petition, any fact contained in the petition which is not denied in the reply, shall be deemed admitted by the respondent. A statement that the respondent lacks sufficient knowledge to admit or deny shall be treated as a denial.

#6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9337, eff 12-3-08

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