New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 200 - RULES OF PRACTICE AND PROCEDURE
Part Tra 202 - ADJUDICATIVE PROCEEDINGS
Section Tra 202.05 - Documents

Universal Citation: NH Admin Rules Tra 202.05

Current through Register No. 40, October 3, 2024

(a) Any document that is submitted for filing that is not in compliance with these rules shall be returned to the person seeking to file the document.

(b) A document shall be considered filed with the department when it is actually received by the office of the commissioner in original paper format, computer readable format, or facsimile format in conformance with the requirements of this part.

(c) Copies of all documents issued by the presiding officer or filed by any party to a proceeding governed by these rules shall be delivered to all other parties to the proceeding.

(d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

(e) These rules shall not limit the ability of parties to share documents between themselves via any mutually agreeable format.

(f) All documents filed under this part as original paper format shall:

(1) Be printed or typewritten on durable white paper, sized 8- 1/2" by 11";

(2) Be double-spaced, with the exception of quotations, which shall be single-spaced and indented;

(3) Be printed on only one side of the page;

(4) Contain the title of the proceeding, and docket number once assigned;

(5) Be dated and signed in ink;

(6) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(7) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding by:
a. Personal delivery;

b. Depositing a copy of the document, postage prepaid, in the United States mail, addressed to the last address given to the agency by the party;

c. Facsimile; or

d. A computer format readable by the recipient.

(g) All documents meeting the format requirements of original paper format may be filed via facsimile machine to the office of the commissioner, at the telephone number of 603-271-3914.

(h) All documents filed upon computer readable media or via electronic mail shall meet the following standards:

(1) The media and the information stored on the media shall be readable using machines and software readily available in the department;

(2) A copy of the media and the information contained thereon shall be simultaneously made available to all other parties in the proceeding; and

(3) The party filing the media shall simultaneously file a paper format or facsimile format certification with the office of the commissioner listing:
a. The information contained on the media, and

b. The hardware type and software type required to access the information.

(i) If a member of the public or another party in the proceeding requests that paper based copies of the information be filed or produced for inspection, the party filing the computer readable format information shall, at its sole expense, make paper based copies of the information available within a reasonable time.

(j) If a document in computer readable format is not made available in paper based format as provided above, the presiding officer shall, after notice and an opportunity to be heard, provide relief to the person who did not receive the document including, but not limited to:

(1) An enlargement of time to respond to the document;

(2) Denial of the relief requested in the document; or

(3) Exclusion of the document from the record.

(k) A party or representative's signature on a document filed with the department shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer's knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

#4174, eff 12-1-86; EXPIRED 12-1-90

New. #5563, eff 1-28-93, EXPIRED: 1-28-99

New. #7927-A, eff 7-26-03

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