N.H. Admin. Code § Ed 203.05

Current through Register No. 50, December 12, 2024

Section Ed 203.05 - Pleadings

(a) The only pleadings permitted shall be petitions and replies thereto. Petitions and replies thereto shall be served upon all other parties.

(b) Unless otherwise specified by statute or this chapter, all petitions shall contain:

(1) The name and address of the petitioner;

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

(3) A concise statement of the facts which cause the petitioner to request the board to act;

(4) The action which the petitioner requests the board to take;

(5) The identification of any statutes, rules, orders, or other authority which entitles the petitioner to have the board act as requested; and

(6) The name and address of the interested persons, if any:

a. Against whom the petitioner complains, or against whom the petitioner wishes the board to act; or

b. Whose rights might be affected by decisions of the board.

(c) Unless otherwise required by statute or this chapter, all answers shall contain the following:

(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 fact stated in the petition;

(4) A statement admitting or denying the authority identified in support of the action requested by the petitioner;

(5) A concise statement of each and every additional or different fact which causes the respondent to request the department not to act, or to act differently from that requested by the petitioner;

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

(7) The action which the respondent wishes the board to take.

(d) An answer shall be filed within 30 days after service of a petition unless otherwise ordered by the hearing officer, for good cause shown, including but not limited to illness, accident, or death of a family member.

(e) The petitioner shall be presumed to deny all the allegations in the answer and no response shall be permitted to the reply.

N.H. Admin. Code § Ed 203.05

#8334-A, eff 4-23-05 (from Ed 208.01 )