N.H. Admin. Code § Rko 207.03

Current through Register No. 49, December 5, 2024

Section Rko 207.03 - Withdrawal of Appearances

(a) If at any time in proceedings before the office, a party or intervenor wishes to change the individual who will serve as their representative:

(1) The new representative shall file an appearance; and

(2) The individual whom the person wishes to replace as their representative shall file a motion to withdraw their appearance, stating therein the representative's reasons for withdrawal.

(b) The withdrawal of an appearance may be made without a motion to withdraw if:

(1) An appearance by another individual is on file for the party or intervenor represented;

(2) No motions are pending; and

(3) No adjudicative proceedings, hearings, or conferences are scheduled;

(c) In circumstances other than those described in (b) above, an appearance may be withdrawn only upon motion granted by the ombudsman.

(d) The ombudsman shall grant a motion to withdraw an appearance if:

(1) An appearance by another individual is on file for the represented person; and

(2) The ombudsman concludes that:

a. Granting the motion would not in itself result in a delay of the proceedings;

b. It does not appear that irreparable harm would occur to any other party or intervenor if the motion to withdraw were granted; and

c. The grounds for withdrawal given in the representative's motion are either:

1. Not of such a nature that they appear to be the result of an effort to interfere with the efficient resolution of the case; or

2. Of such a nature that they would be likely to result in the more efficient resolution of the case.

N.H. Admin. Code § Rko 207.03

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