Current through Register No. 45, November 7, 2024
Section Gcd 201.01 - Definitions(a) "Appearance" means a written notification to the commission that a party, an intervenor or the representative of a party or intervenor intends to actively participate in a hearing.(b) "Commission" means "commission" as defined in RSA 275-C:1, I, namely, "the governor's commission on disability".(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) "Executive director" means the person selected pursuant to RSA 275-C:4.(f) "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".(g) "Intervenor" means a non-party person or agency whose participation in a hearing is permitted by the presiding officer pursuant to RSA 541-A:32 and within the limits, if any, set by the presiding officer.(h) "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.(i) "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".(j) "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".(k) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the commission.(l) "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".(m) "Presiding panel" means a panel of commission members to which the commission has delegated the authority to preside over a proceeding. (n) "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.(o) "Public comment hearing" means a hearing held pursuant to RSA 541-A:11.(p) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4, I.N.H. Admin. Code § Gcd 201.01
#7635-A, eff 1-30-02; ss by #10339, eff 5-17-13