N.H. Admin. Code § He-Hea 207.01

Current through Register No. 44, October 31, 2024

Section He-Hea 207.01 - Pleadings

(a) The only pleadings permitted shall be petitions and replies to petitions. An application for a certificate of need and a request for a ruling that no certificate of need is required shall be considered to be a petition for purposes of this rule. An objection to a request for a ruling that no certificate of need is required shall be considered a reply for purposes of this rule.

(b) Petitions shall:

(1) Conform to the requirements of He-Hea 206.01; and

(2) Contain:

a. The name and address of the petitioner;

b. The name and address of the petitioner's representative, if any;

c. A concise statement of the facts which warrant the relief requested from the board, affirmed by the petitioner in accordance with He-Hea 206.01(e);

d. The description of the action which the petitioner wishes the board to take;

e. A citation to any statutes, rules, orders, or other authority which entitles the petitioner to the relief requested; and

f. The name and address of the person(s), if any, against whom the petitioner complains, or against whom the petitioner wishes the board to take action.

(c) Replies or objections to petitions shall;

(1) Conform to the requirements of He-Hea 206.01; and

(2) Contain:

a. The name and address of the respondent;

b. The name and address of the representative of the respondent, if any;

c. A statement admitting or denying each fact alleged in the petition pursuant to He-Hea 207.01(b)(2)c. affirmed by the respondent in accordance with He-Hea 206.01(e);

d. A statement admitting or denying the authority identified by the petitioner pursuant to He-Hea 207.01(b)(2)e.;

e. A concise statement of any additional or different facts which warrant the board to act in the manner requested by the respondent affirmed by the petitioner in accordance with He-Hea 206.01(e);

f. A citation to any statutes, rules, orders or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

g. A description of the action which the respondent wishes the board to take.

(d) Replies or objections shall be filed within 30 days from the date of the filing of the petition.

(e) The board shall consider any fact contained in the petition that is not denied in the reply or objection to be uncontested.

N.H. Admin. Code § He-Hea 207.01

#4223, eff 2-5-87; ss by #4922, eff 8-23-90; ss by #5593, eff 3-10-93, EXPIRED: 3-10-99

New. #6976, INTERIM, eff 4-15-99, EXPIRED: 8-13-99

New. #7139, eff 11-23-99, EXPIRED: 11-23-07

New. #9075-A, eff 1-24-08