1. (a) “Administrative appeals unit (AAU)” means the unit of the department that receives appeal requests, schedules proceedings, conducts prehearing conferences and hearings and issues decisions for the department.
2. (b) “Appeal” means a request by a person adversely affected by a department decision or action to review that decision or action in accordance with the provisions of RSA 126-A:5, VIII.
3. (c) “Appellant” means any person requesting an appeal under RSA 126-A:5, VIII.
4. (d) “Commissioner” means the commissioner of the department of health and human services.
5. (e) “Department” means the New Hampshire department of health and human services.
6. (f) “Exhibit” means an item of physical evidence that is submitted for entry into the record of an appeal, including, but not limited to, a document, photograph, computer printout, diagram, audio or video recording or other object.
7. (g) File” means to provide an appeal, petition, motion, exhibit, memorandum, e-mail or other thing to the department so that it is in the department’s physical possession.

8. (h) “Good cause” means any circumstance beyond a person’s control that prevents that person from attending a hearing, complying with an order or taking some required action, including:

   1. (1) A death in the person’s immediate family;
   2. (2) Personal injury or serious illness of the person or an immediate family member; or
   3. (3) Another compelling reason or justification.
9. (i) “Hearing” means “adjudicative proceeding” as defined by 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.”
10. (j) “Independent review” means the non-adjudicatory process leading to a decision on an administrative appeal provided for by RSA 126-A:5, VIII.
11. (k) “Motion” means any request by a party to a proceeding for an order relating to that proceeding.
12. (l) “Non-adjudicatory public hearing” means hearings held by the department to receive public comment on proposed rules.
13. (m) “Party” means “party” as defined in RSA 541-A:1, XII, namely “each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”
14. (n) “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 an agency.”
15. (o) “Presiding officer” means “presiding officer” as defined by RSA 541-A:1, XIV, namely “that individual to whom the agency has delegated the authority to preside over a proceeding, if any otherwise it shall mean the head of the agency.”

Source. #6986, eff 4-24-99; ss by #8866-A, eff 4-13-07