(a) The ombudsman, upon motion or acting sua sponte, shall dismiss a complaint following a hearing if it appears that:
- (1) The respondent identified in the complaint is a private person not acting with the authority of a public body, agency, or official at the time of the actions alleged;
- (2) The respondent identified in the complaint is an entity to which the provisions of RSA 91-A do not apply;
- (3) The complaint alleges a violation of Part 1, Article 8 of the New Hampshire Constitution or other law, but not a violation of RSA 91-A; or
- (4) A motion to dismiss, or legal assessment by the office, establishes that there are reasons for dismissal which are consistent with law.
- (b) Dismissal under (a) (3) above shall not, in itself, preclude the claimant from pursuit of a constitutional claim in a court of competent jurisdiction.
- (c) If practical in view of the procedural posture of a case, motions to dismiss shall be heard at the time of a prehearing conference.
Source. #13921, eff 5-20-24