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 202.08 - Order of Notice

Universal Citation: NH Admin Rules Tra 202.08

Current through Register No. 40, October 3, 2024

(a) Upon receipt of a petition, the presiding officer shall assign the proceeding a unique docket number.

(b) The presiding officer shall issue an order of notice for a hearing, containing the following information:

(1) Identification of the parties to the proceeding as of the date of the order;

(2) A short statement of the subject matter identified in the request for hearing;

(3) The statutory authority for the proceeding, and any applicable department rules;

(4) Whether the hearing will be a prehearing conference, hearing on motions, or a final hearing;

(5) The name of the presiding officer for the proceeding;

(6) The date, time, and place set for the hearing; and

(7) A statement that each party has a right to have an attorney represent them at their own expense;

(c) The order of notice shall be delivered to:

(1) All known parties to the proceeding by certified mail;

(2) Any affected municipality by ordinary mail; and

(3) The office of the attorney general by ordinary mail or by electronic mail.

(d) Unless otherwise provided by statute, the date and time for the initial hearing in a proceeding shall be set at least 10 days from the date of the notice, unless the parties agree to a longer or shorter period.

(e) All hearings shall be held at the John O. Morton Building, 7 Hazen Drive, Concord, NH unless the presiding officer shall for good cause, after motion, notice and opportunity to heard, set a different location for the conduct of some or all of the proceeding.

(f) Good cause shall include:

(1) The need to conduct a view of a specific location relevant to a hearing;

(2) The convenience of the parties, attorneys, public officials, or witnesses to a proceeding; or

(3) Any other factor that would suggest that time or resources would be conserved if the hearing were held at an alternate location.

#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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