The following terms used in this chapter shall have the following meanings:
- (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 board of managers as described in RSA 119:2.
- (d) "Commandant" means the chief operating officer of the New Hampshire veterans’ home.
- (e) "Complaint" means any allegation or assertion that the home has acted in an illegal or unjust manner.
- (f) “Declaratory ruling" means, pursuant to RSA 541-A:1, V, a ruling by the board as to the specific applicability of any statutory provision or of any rule or order of the board.
- (g) "Home" means the New Hampshire veterans’ home.
- (h) "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.
(i) "Legal representative" means any person designated in the manner required by law to act on behalf of an applicant for residency or resident, including:
- (1) A guardian;
- (2) A conservator; and
- (3) A person acting pursuant to an applicable power of attorney.
- (j) "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.
- (k) "Order" means, pursuant to RSA 541-A:1, XI, the whole or part of the board's final disposition of a matter other than a rule, but not including the board's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.
- (l) "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."
- (m) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the board.
- (n) "Presiding officer" means the commandant or any other person designated by the commandant.
- (o) "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.
- (p) “Public comment hearing” means a proceeding held pursuant to RSA 541-A:11.
- (q) "Record" means, in a contested case, the materials set forth in RSA 541-A:31, VI.
(r) "Resident council" means an organization internal to the home:
- (1) Including all the residents of the home by virtue of their residency;
- (2) Requiring no fee for membership; and
(3) Organized for the following purposes stated in its by-laws:
- a. Helping the home's administration to provide better programs, surroundings and services;
- b. Giving residents greater participation in the affairs of the home;
- c. Promoting friendship and understanding among residents; and
- d. Providing and receiving information for the benefit of residents.
- (s) “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #6313-A, eff 8-8-96, EXPIRED: 8-8-04 New. #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06 New. #8951, eff 7-21-07