Section Mirt 201.01 - Definitions(a) "Adjudicative proceeding" means "adjudicative proceeding" as defined in 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."(b) "Appearance" means a written notification to the board that a party, an intervenor, or the representative of a party or intervenor intends to actively participate in an adjudicative proceeding.(c) "Board" means "board" as defined in RSA 328-J:1, I, namely, "the board of medical imaging and radiation therapy."(d) "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. "(e) "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."(f) "Intervenor" means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.(g) "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.(h) "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. ""(i) "Party" means "party" as defined by RSA 541-A:1I, 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. ""(j) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the board.(k) "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."(l) "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.(m) "Public comment hearing" means a proceeding held pursuant to RSA 541-A:11.(n) "Record" means, in a contested case, the materials set forth in RSA 541-A:31, VI.(o) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4, I.N.H. Admin. Code § Mirt 201.01
Derived From Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12466, Effective 1/25/2018, Expires 1/26/2028.