N.H. Admin. Code § Rko 101.01

Current through Register No. 36, September 5, 2024

Section Rko 101.01 - Definitions

For the purposes of these rules:

(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) "Amicus brief" means a written document filed with the office by a person who is neither a party nor an intervenor in the case in which the brief is filed, as further addressed in Rko 215 below;

(c) "Appearance" means a written notification to the office that a party, an intervenor, or the representative of a party or intervenor, intends to actively participate in a case before the office, which contains the information required by Rko 207.02;

(d) "Case" means a matter which has resulted in the filing of a complaint with the office pursuant to RSA 91-A:7-b;

(e) "Claimant" means the person submitting a complaint to the office pursuant to RSA 91-A:7-b, which person claims to have been aggrieved by a violation of RSA 91-A by a public body or agency;

(f) "Complaint" means the document initiating proceedings with the office containing the information required by RSA 91-A:7-b;

(g) "Complaint form" means the form described at Rko 203.05;

(h) "Conference" means an informal proceeding before the office in which the parties and the ombudsman confer regarding a matter;

(i) "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;"

(j) "Declaratory ruling" means a ruling by the ombudsman as to the specific applicability of any statutory provision relating to the office or of any rule or order of the office, as further described in Part Rko 221;

(k) "Filing fee" means the fee required by RSA 91-A:7-b,I;

(l) "Final order" means an order which is intended to terminate proceedings which are then pending before the office;

(m) "Hard copy" means, unless otherwise provided in these rules, in physical form, on paper no larger than 8 1/2" by 11" in size, with written material appearing on a single side;

(n) "Hearing" means an adjudicative proceeding, an oral argument on a motion, or a proceeding other than a conference between the parties and the office, not including public comment hearings addressed in Part Rko 220, in which a person's position on a particular topic is orally presented to the ombudsman according to established procedures;

(o) "In camera review" means a form of private documentary review by the ombudsman in which the contents of the documents under review are not shared with all parties and in which the documents submitted are not open to public inspection;

(p) "Interview" means, unless otherwise specified, the process described at Rko 217.02;

(q) "Inquiry" means a potentially disputed matter brought to the attention of the office by a potential party prior to the filing of a complaint, or a general question presented to the office regarding its procedures or issues involving RSA 91-A;

(r) "Intervenor" means a person without the status of a party but participating in a case to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32;

(s) "Matter" means a case or an inquiry;

(t) "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 request, which includes a statement of justification or reasons for the request;

(u) "Nonadjudicative process," commonly known as a "proceeding," means, pursuant to RSA 541-A:1, X, "all agency procedures and actions other than an adjudicative proceeding;"

(v) "Natural person" means an individual not acting on behalf of an organization, corporation or other entity;

(w) "Office" means, unless otherwise indicated, the office of the right-to-know ombudsman established by RSA 91-A:7-a, commonly known as the "RKO;"

(x) "Ombudsman" means the officer described in RSA 91-A:7-a who has been commissioned to perform the duties set forth in RSA 91-A:7-b;

(y) "On the record" means, in the case of oral proceedings, recorded verbatim;

(z) "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;"

(aa) "Person" means "person" as defined by RSA 21:9, namely, a term that "may extend and be applied to bodies corporate and politic as well as to individuals;"

(bb) "Preponderance of the evidence" means a form of proof of a fact or legal conclusion by admissible evidence, demonstrating that the fact or legal conclusion is more probably true than not;

(cc) "Presiding officer" means the ombudsman, or, pursuant to RSA 541-A:1,XIV, "that individual to whom the agency has delegated the authority to preside over a proceeding, if any";

(dd) "Proceeding" means any adjudicative or nonadjudicative process held by the office;

(ee) "Public comment hearing" means a proceeding held pursuant to RSA 541-A:11;

(ff) "Record" means, in a contested case, the materials set forth in RSA 541-A:31,VI;

(gg) "Respondent" means the party against whom a complaint is filed;

(hh) "Rulemaking petition" means a petition made pursuant to RSA 541-A:4,I, as further described in Part Rko 219;

(ii) "RKO" means the office;

(jj) "State" means, unless otherwise indicated, the state of New Hampshire;

(kk) "Sua sponte" means action taken of the ombudsman's own volition, without the request of a party or intervenor;

(ll) "Verified mail" means, pursuant to RSA 21:53, "any method of mailing that is offered by the United States Postal Service or any other carrier, and which provides evidence of mailing;"

(mm) "With prejudice" means a form of dismissal of a claim, allegation, or other matter which precludes the party making the claim or allegation from again requesting its consideration by the office;

(nn) "Without prejudice" means a form of dismissal of a claim, allegation, or other matter which does not preclude the party making the claim or allegation from again requesting its consideration by the office;

N.H. Admin. Code § Rko 101.01

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.