New Hampshire Code of Administrative Rules
Man - Board of Manufactured Housing
Chapter Man 200 - RULES OF PROCEDURE
Part Man 202 - DEFINITIONS
Section Man 202.01 - Definitions
Current through Register No. 40, October 3, 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," unless specifically inconsistent with the provisions of 205-A:25-31.
(b) "Agency" means "agency" as defined by RSA 541-A:1, II, namely, "each state board, commission, department, institution, officer, or any other state official or group, other than the legislature or the courts, authorized by law to make rules or determine contested cases."
(c) "Appearance" means a written notification to the agency that a party or a party's representative intends to actively participate in a hearing.
(d) "Board" means the board of manufactured housing which is the agency to which these rules apply.
(e) "Chairperson" means that individual member of the board chosen by the members pursuant to RSA 205-A:25 III.
(f) "Complainant" means a "person" who becomes a "party" by filing a complaint with the board.
(g) "Declaratory ruling" means "declaratory ruling" as defined in RSA 541-A:1, V, namely, "an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency."
(h) "Filing" means the delivery of a document by hand, express or overnight mail, courier service, first class mail postage prepaid or any other means resulting in its actual receipt by the board clerk.
(i) "Filing date" means the date a document is received by the board clerk.
(j) "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.
(k) "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.
(l) "Natural person" means a human being.
(m) "Order" means "order" as defined in 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," consistent with RSA 205-A:28.
(n) "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."
(o) "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."
(p) "Presiding officer" means the 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."
(q) "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.
(r) "Record" means, in a contested case, the materials set forth in RSA 541-A:31, VI.
(s) "Recording secretary" means that individual member chosen by the board members who shall serve at the pleasure of the members of the board to record in writing the minutes of all board meetings which shall be subject to approval by the board.
(t) "Respondent" means the "person" against whom a complaint is filed with the board and who becomes a "party" thereby.
(u) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4, I.
(v) "Vice-chairperson" means that individual member chosen by the board members who shall serve at the pleasure of the members of the board.
#6061, INTERIM, eff 7-13-95, EXPIRES: 1-9-96; ss by #6162, eff 1-4-96, EXPIRED: 1-4-04
New. #8028, INTERIM, eff 1-17-04, EXPIRED: 7-15-04
New. #8286-A, eff 2-16-05