The following terms shall have the following meanings:
- (a) “Appearance” means a written notification to the board that a party, an intervenor or the representative of a party or intervenor intends to actively participate in a hearing.
- (b) “Board” means “board” as defined in RSA 328-E:2, III, namely, “the naturopathic board of examiners established under RSA 328-E:7.”
- (c) “Contested case” means “contested case” as defined in RSA 541-A:1, IV, namely, “a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing”.
- (d) “Declaratory ruling” means ‘declaratory ruling” as defined in RSA 541-A:1, V, namely, “an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency”.
- (e) “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".
- (f) “Intervenor” means a person without the status of a party but participating in a hearing to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.
- (g) “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the proponent of the motion, which request includes a statement of reasons for the request and any applicable law supporting the request.
- (h) “Order” means “order” as defined in RSA 541-A:1, XI, namely, “the whole or part of an agency's final disposition of a matter, other than a rule, but does not include an agency's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation”.
- (i) “Party” means “party” as defined by 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”.
- (j) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the committee.
- (k) “Presiding officer” means presiding officer as defined in 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”.
- (l) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.
- (m) “Public comment hearing” means a hearing held pursuant to RSA 541-A:11.
- (n) “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #6380, eff 11-26-96, EXPIRED: 11-26-04 New. #8300, eff 3-9-05