N.H. Admin. Code § Rko 203.05

Current through Register No. 36, September 5, 2024

Section Rko 203.05 - Complaints

(a) Complaints and any attachments thereto shall be written in typescript or clearly printed in ink.

(b) A claimant may submit a complaint to the ombudsman by using a complaint form which is available from the office.

(c) Whether or not using the form provided by the office, a claimant shall provide the following information in their complaint:

(1) The claimant's first, middle, and last name;

(2) The claimant's address;

(3) The claimant's preferred mailing address, if different from (c) (2) above.

(4) The claimant's telephone number;

(5) The claimant's e-mail address, if any;

(6) A specification of whether the claimant's anticipated representative in the case is:

a. The claimant personally;

b. Another person;

c. Not known at the time of the filing;

(7) Whether the person has attached to the complaint an appearance as described in Rko 207.02, and if not, why not;

(8) The name and address of the entity against which the claimant is making the claim, including the particular department, division, or office of the respondent with which the claimant has to date been communicating about the matter at issue;

(9) A brief written description of the claim;

(10) An identification of each of the following topics that the claimant believes best synopsizes the nature of the claim:

a. Failure to respond;

b. Unreasonable delay;

c. Improper claim of exemption from disclosure;

d. Unreasonable cost;

e. Improper meeting; or

f. Another issue, identifying that issue;

(11) A statement of whether or not the filing fee required by RSA 91-A:7-b has been filed along with the complaint and, if not, why not;

(12) A statement of whether a written request was made to the respondent and, if so:

a. Whether a copy of that written request has been attached to the complaint, and:

b. If not, why not;

(13) A statement of whether the public agency or official that is the subject of the complaint provided a written response to the request identified in (9) above, and if a written response was provided:

a. Whether it has been attached to the complaint; and

b. If not, why not;

(14) If applicable, an identification of the documents, if any, that the claimant is requesting from the respondent at the time of the filing of the complaint;

(15) A statement of the date of the claimant's last communication about the matter at issue with the respondent, together with the name of the person with whom the claimant communicated, if known;

(16) A statement of the specific action or actions that the claimant wishes the ombudsman to take in regard to their claims against the respondent;

(17) A statement that:

a. The claimant understands that the submission of the complaint to the ombudsman forecloses the ability to petition the New Hampshire superior court about the matter until the ombudsman issues a final ruling or the deadline for such ruling has passed;

b. The claimant understands that if they make a false statement in the complaint, that they do not believe to be true, such false statement may be punishable by law; and

c. The statements made in the complaint are true and accurate, to the best of the claimant's knowledge and belief.

(d) Complaints shall:

(1) State the date of execution of the complaint;

(2) Be signed by the claimant; and

(3) State the claimant's name in print.

N.H. Admin. Code § Rko 203.05

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