1. (a) "Commissioner" means the commissioner of the New Hampshire department of transportation.
2. (b) "Department" means the New Hampshire department of transportation.
3. (c) "Ex parte communication" means the transmittal of data or argument, by a party or at the request of a party, to or from an officer or employee of the department assigned to render a decision or make findings of fact and conclusions of law concerning the merits of the subject matter in an adjudicative proceeding without prior notice to all parties.
4. (d) "File" means to place a document in the actual possession of the department.
5. (e) "Hearing" means the process by which the parties present evidence, data, and/or argument by methods appropriate to the circumstances and includes, but is not limited to, conducting trial-type evidentiary procedures, directing the filing of exhibits, affidavits, memoranda, or briefs, directing the delivery of oral argument, or any combination of the above or similar procedures.
6. (f) "Nonadjudicative proceeding" means a formal or informal search for data by the department concerning matters within its jurisdiction, including rulemaking, the result of which is other than a determination of a person's legal rights, duties or privileges.
7. (g) "Order" means a document issued by the department requiring a person to do or abstain from doing something, or determining a person's rights to a license or some other property or privilege.
8. (h) "Presiding officer" means an individual to whom the commissioner has delegated the authority to act as presiding officer over a departmental proceeding.
9. (i) “Rulemaking" means the process by which the department proposes and adopts an administrative rule.

Source. #7927-A, eff 7-26-03