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 202.07 - Pleadings

Universal Citation: NH Admin Rules Tra 202.07

Current through Register No. 40, October 3, 2024

(a) The initial request for a hearing in an adjudicative proceeding shall be termed a petition, received from a petitioner.

(b) A petition shall contain the following information:

(1) The name and address of the petitioner, which can be the department;

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

(3) A concise statement of the fact, event, or provision of law which causes the petitioner to request the department to act; and

(4) The action that the petitioner wishes the department to take.

(c) All parties with an interest adverse to the petitioner shall be termed respondents, and shall be deemed to generally deny the allegations of the petitioner.

(d) If a respondent elects to respond to the petition, or request alternative relief, the pleading shall be termed an answer and contain the following information:

(1) The name and address of the respondent;

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

(3) A statement admitting, denying, or claiming to have insufficient information to respond to each and every allegation set forth in the petition;

(4) A concise statement of each and every fact or provision of law which causes the respondent to request the department not to act, or to act differently from the manner requested by the petitioner;

(5) The identification of any statutes, rules, orders, or other authority, not identified in the petition, bearing upon the subject matter of the petition; and

(6) The action that the respondent wishes the department to take.

(e) Unless otherwise provided by orders of the presiding officer, an answer shall be filed within 30 days after delivery of the initial notice to the parties.

(f) The petitioner shall be presumed to deny all allegations in the answer and no responsive pleading is required.

(g) Any further request for relief filed by any party shall be termed a motion.

#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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