- (a) “Adjudicative proceeding” 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.”
- (b) “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 an adjudicative proceeding.
- (c) “Board” means the mechanical licensing board as established by RSA 153:27-a.
- (d) “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.”
- (e) “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.”
- (f) “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.”
- (g) “Intervenor” means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.
- (h) “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, including a statement of justification or reasons for the request.
- (i) “Natural person” means a human being.
- (j) “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.”
- (k) “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.” The term “party” includes all intervenors in a hearing, subject to limitations established pursuant to RSA 541-A:32, III.
- (l) “Person”, for the purposes of Saf-Mec 200, means “person” 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” the board.
- (m) “Presiding officer” means “presiding officer” as defined in RSA 541-A:1, XIV, namely the individual to whom the board has given the authority to preside over a proceeding.
- (n) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.
- (o) “Public comment hearing” means a hearing held pursuant to RSA 541-A:11.
- (p) “Record” means, in a contested case, the materials set forth in RSA 541-A:31, VI.
- (q) “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #10798, eff 3-18-15