- (a) “Advisory opinion” means a written opinion of the committee, issued in response to a written request by an executive branch official, that provides advice on the application of one or more sections of RSA 15-A, RSA 15-B, and RSA 21-G:21-35 to a specific set of circumstances identified by the requester.
- (b) “Appearance” means a written notification to the committee that a party or a party’s representative intends to actively participate in a hearing.
- (c) “Clear and convincing evidence” means a demonstration that a fact or legal conclusion is not merely probable but is highly probable.
- (d) “Committee” means the executive branch ethics committee established pursuant to RSA 2l-G:29, I.
- (e) “Complainant” means the person who submits a complaint to the committee.
- (f) “Complaint” means a written, signed allegation made under oath by a complainant or initiated by the committee that a person subject to the committee’s jurisdiction pursuant to RSA 21-G:29, II, has committed one or more acts constituting a violation of RSA 21-G:21 – 35, RSA 15-A, or RSA 15-B.
- (g) “Frivolous” means clearly insufficient, without a basis in law or fact.
- (h) “Guideline” means a written opinion of the committee explaining one or more sections of RSA 15-A, RSA 15-B, and RSA 21-G:21-35 under general circumstances, issued for the purpose of providing guidance to executive branch officials.
- (i) “Hearing” 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.”
- (j) “Motion” means a request to the committee for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.
- (k) “Party” means “party” as defined in RSA 541-A:1, XII, namely, “each person or committee named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.” The term “party” includes the respondent and any intervenor in a proceeding, subject to any limitations established pursuant to RSA 541-A:32, III.
- (l) “Person” means “person” as defined in RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a committee.”
- (m) “Preliminary investigation” means the process the committee will follow in the event a complaint is not dismissed pursuant to RSA 21-G:31, I, to include a full discussion on the merits of the complaint and, as necessary, the gathering of additional information beyond that supplied by the complainant.
- (n) “Presiding officer” means the chair or the individual to whom the committee has delegated the authority to preside over a proceeding.
- (o) “Respondent” means the executive branch official subject to the jurisdiction of the committee about whom a complaint has been made.
- (p) “Scurrilous” means abusive or defamatory.
- (q) “Retaliatory” means accusing someone of misconduct in order to get revenge for, or to get back at that person for action he or she took against the accuser.
Source. #12617-A, eff 9-6-18