N.H. Admin. Code § Gcd 201.01

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