New Hampshire Code of Administrative Rules
Ins - Commissioner, Insurance Department
Chapter Ins 200 - PRACTICES AND PROCEDURES
Part Ins 202 - DEFINITIONS
Section Ins 202.01 - Definitions

Universal Citation: NH Admin Rules Ins 202.01

Current through Register No. 40, October 3, 2024

(a) "Adjudicative proceeding" means the procedure to be followed in contested cases, as set forth in RSA 541-A.

(b) "Commissioner" means the insurance commissioner.

(c) "Complainant" means a consumer who files a complaint or inquiry with the Department.

(d) "Confidential document" means a document that is confidential in its entirety because it contains confidential information, and there is no practicable means of filing a redacted version of the document.

(e) "Confidential information" means:

(1) Information that is not public pursuant to state or federal statute, administrative or court rule, a prior court order placing the information under seal, or case law; or

(2) Information which the hearing officer finds, if publicly disclosed, would substantially impair:
a. The privacy interests of an individual; or

b. The business, financial, or commercial interests of an individual or entity.

(f) "Contested case" means "contested case" as defined in RSA 541-A:1IV.

(g) "Declaratory ruling" means "declaratory ruling" as defined in RSA 541-A:1, V.

(h) "Department" means the insurance department.

(i) "Ex parte communications" means the transmittal of data or argument concerning the merits of the subject matter of any adjudicative proceeding to or from the hearing officer, commissioner, or any assistant or advisor to the hearing officer or commissioner without notice to all parties to the adjudicative proceeding.

(j) "Hearing" means the formal or informal receipt by the department of data or argument, or both, from persons.

(k) "Hearing officer" means the commissioner or if the commissioner is unavailable or unable to preside, the deputy commissioner or any natural person whom the commissioner has designated to preside over a hearing.

(l) "License" means "license" as defined in RSA 541-A:1, VIII.

(m) "Licensing" means "licensing" as defined in RSA 541-A:1, X.

(n) "Motion" means any application by a party to a proceeding for an order relating to the proceeding.

(o) "Order" means "order" as defined in RSA 541-A:1, XI.

(p) "Party" means "party" as defined in RSA 541-A:1I, XI.

(q) "Person" means "person" as defined in RSA 541-A:1II, XI.

(r) "Probation" means holding in abeyance the imposition of a license revocation or suspension, the payment of a monetary fine, or other penalty or punishment imposed by order, for a specific period of time, provided certain conditions are satisfied.

(s) "Proceeding" means any investigation, examination, hearing, or adjudication in which the legal rights, duties, or privileges of a person as set forth by statute or rule are determined by the department after opportunity for a hearing.

(t) "Remote hearing" means a hearing conducted via telephone, computer, or other electronic means.

(u) "Rule" means "rule" as defined in RSA 541-A:1, XV.

(v) "Staff advocate" means any person designated by the commissioner to act as the advocate for the department in an adjudicative proceeding.

#2336, eff 4-8-83; ss by #2508, eff 9-23-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss by #7024, INTERIM, eff 7-1-99, EXPIRES: 10-29-99; ss by #7121, eff 10-29-99, EXPIRED: 10-29-07

New. #9052-A, eff 1-2-08; ss by #9650-A, eff 2-5-10

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