Section 541-A:30-a – Rules for Adjudicative Proceedings.
541-A:30-a Rules for Adjudicative Proceedings. – I. Subject to paragraph V, each agency shall adopt rules pursuant to RSA 541-A governing the nature and requirement of all formal and informal procedures available in an adjudicative proceeding. II. The attorney general, in consultation with agencies that conduct adjudicative proceedings, and with the approval of the […]
Section 541-A:31 – Availability of Adjudicative Proceeding; Contested Cases; Notice, Hearing and Record.
541-A:31 Availability of Adjudicative Proceeding; Contested Cases; Notice, Hearing and Record. – I. An agency shall commence an adjudicative proceeding if a matter has reached a stage at which it is considered a contested case or, if the matter is one for which a provision of law requires a hearing only upon the request […]
Section 541-A:32 – Intervention.
541-A:32 Intervention. – I. The presiding officer shall grant one or more petitions for intervention if: (a) The petition is submitted in writing to the presiding officer, with copies mailed to all parties named in the presiding officer’s notice of the hearing, at least 3 days before the hearing; (b) The petition states facts […]
Section 541-A:33 – Evidence; Official Notice in Contested Cases.
541-A:33 Evidence; Official Notice in Contested Cases. – I. All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer. II. The rules of evidence shall not apply in adjudicative proceedings. Any oral or documentary evidence may be received; but the presiding officer may exclude irrelevant, immaterial […]
Section 541-A:34 – Examination of Evidence by Agency.
541-A:34 Examination of Evidence by Agency. – If a majority of the officials of the agency who are to render the final decision in a contested case have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be […]
Section 541-A:35 – Decisions and Orders.
541-A:35 Decisions and Orders. – A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by […]
Section 541-A:19-d – Expedited Amendment to Incorporation by Reference.
541-A:19-d Expedited Amendment to Incorporation by Reference. – I. An agency may amend any existing rules which incorporate by reference documents or Internet content pursuant to RSA 541-A:12, III-VII by using the expedited procedures of this section, and without meeting the requirements of RSA 541-A:5 and RSA 541-A:6 and RSA 541-A:9 through RSA 541-A:14 […]
Section 541-A:20 – Initiating Rulemaking Prior to Effective Date of Statutory Authority.
541-A:20 Initiating Rulemaking Prior to Effective Date of Statutory Authority. – After the enactment and before the effective date of any statute granting rulemaking authority, the agency to whom such authority is granted may initiate procedures to adopt such rules; provided that the effective date of the rule, under RSA 541-A:14, IV or RSA […]
Section 541-A:20-a – Initiating Rulemaking Prior to Expiration Date of Existing Rule; Expired Rule.
541-A:20-a Initiating Rulemaking Prior to Expiration Date of Existing Rule; Expired Rule. – I. Provided that the relevant statute granting rulemaking authority for an existing rule is valid and in effect and requires the agency to adopt the rule, the agency to which such authority is granted shall act expeditiously to commence rulemaking pursuant […]
Section 541-A:21 – Exceptions.
541-A:21 Exceptions. – I. Authority granted under the provisions of the following statutes shall be exempt from RSA 541-A: (a) RSA 230:53, relative to the use of limited access highway facilities. (b) RSA 236:1, II, relative to regulating, permanently or seasonally, the use of certain class I, II and III highways by the posting […]