N.H. Admin. Code § Rko 215.01

Current through Register No. 36, September 5, 2024

Section Rko 215.01 - Submission of Amicus Briefs

(a) A person who is not a party or an intervenor in a case pending before the office may file an amicus brief on an issue or issues in a case if:

(1) The brief is filed in response to a solicitation for such briefs by the office pursuant to these rules; and

(2) The ombudsman grants the person's petition to file an amicus brief pursuant to these rules.

(b) The office shall solicit the submission of amicus briefs if the ombudsman concludes that such solicitation would likely result in the receipt of written submissions that would assist the ombudsman in formulating a better understanding of the issues, subsidiary issues, or matters relating to a particular case.

(c) In determining whether to solicit the submission of amicus briefs, the ombudsman shall consider:

(1) The facts and issues in the case;

(2) The prioritization of the work of the office;

(3) The office's available resources;

(4) Whether the solicitation would be detrimental to the timely and efficient resolution of a pending case; and

(5) Such other factors as may relate to the fair and accurate determination of issues arising under RSA 91-A.

(d) Amicus briefs shall be solicited by the office by placing notices inviting the submission of petitions to file such briefs in at least 2 appropriate places, which may include the office's Internet website, at least 7 days prior to the due date for submissions.

(e) A person wishing to respond to a solicitation of amicus briefs shall do so by submitting a petition which contains:

(1) The name, address, and telephone number of the person filing the petition, and the person who wishes to submit the brief;

(2) An identification of the person, organization, or entity, if any, on whose behalf the person wishes to file a brief;

(3) A brief description of the background of the person who wishes to submit the brief, including that person's education and experience in the topics to be addressed;

(4) The title and docket number of the case in which it is to be filed;

(5) An identification of the topic upon which the brief will focus;

(6) The general position which will be argued in the brief; and

(7) The person's reasons for believing that the brief would be beneficial to the ombudsman in addressing the issue or issues noted.

(f) A petition to file an amicus brief shall:

(1) Be no more than 10 pages in length;

(2) Not have the brief itself appended thereto;

(3) Contain a statement certifying that it has:

a. Not been submitted for the purposes of delay; and

b. Has been served on all persons who have filed an appearance in the case; and

(4) Be processed by the office in accordance with RSA 541-A:29.

(g) A petition to submit an amicus brief shall be granted if:

(1) It is submitted in response to a solicitation under (a) and (b) above; and

(2) The ombudsman concludes from the petition that the brief is:

a. Likely to assist the office in the efficient and just resolution of the matter in accordance with law;

b. Not likely to be duplicative of other pleadings or briefs filed in the case.

(h) If the ombudsman grants the petition to submit an amicus brief, the ombudsman shall set forth in the order the date by which the brief shall be filed.

(i) The granting of a petition to submit an amicus brief shall not:

(1) Afford the person filing the brief the status or a party or intervenor;

(2) Constitute permission to file subsequent briefs in the same or a different matter;

(3) Entitle any other person or entity which is not a party or intervenor to file a reply brief;

(4) Compel a ruling by the ombudsman on any matter raised in the brief;

(5) Entitle the person to be heard on any matter raised in the brief; or

(6) Entitle the person submitting the brief to receive direct notice of all proceedings in the case.

N.H. Admin. Code § Rko 215.01

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