N.H. Admin. Code § Saf-C 411.04

Current through Register No. 44, October 31, 2024

Section Saf-C 411.04 - Conduct of Hearings

(a) All hearings shall be held pursuant to RSA 270:74-a and these rules.

(b) Each person who wishes to speak at a public hearing held pursuant to RSA 270:74-a shall state his or her full name and address before making comments. Each person who wishes to speak at a public hearing shall print their name and address on a form provided by the commissioner in order to be recognized to speak.

(c) The commissioner shall:

(1) Limit the length of any public hearing held pursuant to RSA 270:74-a;

(2) Limit the time allocated to any speaker if doing so would allow testimony from as many persons as is practicable; and

(3) Limit or prohibit any repetitive, redundant, irrelevant, profane or vulgar testimony.

(d) All comments presented at any public hearing held pursuant to RSA 270:74-a shall be relevant to the factors set forth in RSA 270:74-a, III(a)-(g). The petitioner's standard of proof shall be by a preponderance of evidence.

(e) The commissioner shall accept written comments in lieu of or in addition to oral testimony. The record of any hearing held pursuant to RSA 270:74-a shall be held open for 5 calendar days subsequent to the hearing in order to accept written comments. Written comments shall be forwarded to:

Bureau of Hearings

Department of Safety

33 Hazen Drive

Concord, New Hampshire 03305

(f) Any marine patrol officer of the division shall, upon the request of the commissioner, give technical and/or factual information pertaining, but not limited to the following:

(1) Size of lake, pond or river, in acres;

(2) Number of complaints concerning ski craft and the particular lake, pond or river;

(3) Traffic on the particular lake, pond or river;

(4) Average water depth;

(5) Number of reported accidents; and

(6) Number of citations/violations issued on the particular lake, pond or river.

N.H. Admin. Code § Saf-C 411.04

#4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

New. #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

New. #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13