Section Plc 207.03 - Oral Public Hearings Conducted by a Policy-Autonomous Board(a) All oral public hearings conducted by a policy-autonomous board shall be conducted in compliance with RSA 91-A, in particular RSA 91-A:2 relative to meetings of boards generally, and RSA 91-A:2, IV relative to meetings of state boards specifically, which is reprinted in Appendix C.(b) If a board conducts a meeting that includes an oral public hearing, including but not limited to a rulemaking hearing, a member of the board who wishes to participate via electronic means in the oral public hearing may request to participate via electronic means based on it not being reasonably practicable to attend the meeting in person, as contemplated by RSA 91-A:2, IV(a).(c) To make the request, the member shall: (1) Identify or explain the reason(s) why it is not reasonably practicable for the member to attend in person, as described in (d), below; and(2) Confirm that the member has, or has access to, such equipment as is necessary to allow the member to see and hear, and be seen and heard by, the other members of the board attending the meeting and members of the public in attendance at the meeting site, contemporaneously and throughout the meeting, as required by RSA 91-A:2, IV(b).(d) Reasons why it is not reasonably practicable for the member to attend in person shall include any circumstances that interfere with the member's ability to attend the hearing in person but that do not interfere with the member's ability to understand and participate in the oral public hearing, including but not limited to the member not having access to transportation to the meeting, the member having a medical condition that renders travel to the meeting impracticable or contrary to a doctor's orders, the member being out of state on business but available via electronic means for the time needed for a meeting, and the member living in an area that has been cut off from transportation routes by natural disasters or acts of vandalism.(e) The board shall vote to allow the member to participate via electronic means if: (1) At least one-third of the total membership of the board is or will be present at the physical location of the hearing, as required by RSA 91-A:2, IV(b), without the physical presence of the member who is requesting to participate remotely;(2) The member requesting to participate via electronic means has, or has access to, such equipment as is necessary to allow the member to see and hear, and be seen and heard by, the other members of the board attending the hearing and members of the public attending the hearing in-person or via electronic means, contemporaneously and throughout the hearing, as required by RSA 91-A:2, IV(b); and(3) The board finds that it is not reasonably practicable for the member to attend in person.(f) As provided in RSA 91-A:2, IV(b): (1) A member participating in a hearing via electronic means as described in this section is deemed to be present for all purposes, including for determination of a quorum and voting;(2) Each member participating via electronic means shall identify the persons present in the location from which the member is participating; and(3) All votes taken relating to the subject of the hearing shall be by roll call vote.N.H. Admin. Code § Plc 207.03
Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).