Section Ahp 202.01 - Definitions(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."(b) "Appearance" means a written notification to the board that a party, an intervenor or the representative of a party or intervenor intends to actively participate in an adjudicative proceeding.(c) "Contested case" means "contested case" as defined in RSA 541-A:1, IV, namely, "a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing."(d) "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."(e) "Governing board" means any of the boards established by RSA 328-F:3, I.(f) "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.(g) "Motion" means a request to the presiding officer for an order or ruling directing some act to be done in favor of the proponent of the motion, including a statement of justification or reasons for the request.(h) "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, or to issue a complaint or citation."(i) "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."(j) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the board.(k) "Presiding officer" means 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, if any; otherwise it shall mean the head of the agency."(l) "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.(m) "Public comment hearing" means a proceeding held pursuant to RSA 541-A:11.(n) "Record" means, in a contested case, the materials set forth in RSA 541-A:31, VI.(o) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4, I.N.H. Admin. Code § Ahp 202.01
#7232, eff 4-15-00; ss by #8078, eff 5-1-04