N.H. Admin. Code § Bcr 202.01

Current through Register No. 50, December 12, 2024

Section Bcr 202.01 - Definitions

Except where the context makes another meaning manifest, the following terms shall have the meanings indicated below when used in this chapter:

(a) "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings, photographs, audio or video recordings, computer programs, or computer printouts.

(b) "De novo" means a new hearing on all issues and a full hearing on the merits in no way restricted by what occurred before.

(c) "File" means to place a document in the actual possession of the board.

(d) "Hearing" means "adjudicative proceeding" as defined by 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", and Bcr 200.

(e) "Investigation" means a search by the board for data concerning matters within its jurisdiction, the result of which is other than a final determination of a person's rights, duties or privileges.

(f) "Motion" means any request by a party to an existing proceeding for an order or relief relating to that proceeding.

(g) "Order" means a document issued by the board:

(1) Establishing procedures to be followed in an adjudicative or nonadjudicative proceeding;

(2) Granting or denying a petition or motion;

(3) Requiring a person to do, or to abstain from doing, some thing; or

(4) Determining a person's rights to a privilege established by RSA 155-A or the rules of this chapter.

(h) "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." The term "party" includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:32, III.

(i) "Petition" means any request to the board seeking an order or any other action or relief.

(j) "Presiding officer" means the board member or other individual to whom the board has delegated authority to preside over an adjudicative or other proceeding.

(k) "Rulemaking" means the statutory procedures for the formulation of a rule set forth in RSA 541-A:3.

(l) "State fire marshal" means the state fire marshal of the State of New Hampshire, or his or her designee.

N.H. Admin. Code § Bcr 202.01

#8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12