New Hampshire Revised Statutes 275-C:15 – Powers
Current as of: 2023 | Check for updates
|
Other versions
The committee on architectural barrier-free design shall:
I. Conduct studies, hold hearings, administer oaths, issue subpoenas, publish reports, and recommend legislation to implement this subdivision;
II. Receive, process, and review complaints from any person alleging a violation of the code;
III. Issue cease-and-desist orders that enjoin an owner, an owner’s agent, or a lessee-in-possession from further construction or use of buildings and facilities, until compliance with the code for barrier-free design. To compel obedience to such orders, the committee on architectural barrier-free design shall petition the superior court for the county in which the party sought to be enjoined is principally located. Upon satisfying itself that the order of the committee was within its jurisdiction to issue and that there is substantial evidence on the record considered as a whole to support the finding of the committee, the superior court shall issue its order.
IV. Except as provided in paragraph V, grant waivers to an owner, an owner’s agent or a lessee-in-possession, pertaining only to places of public accommodation provided for in N.H. Rev. Stat. § 155:39-a, from specific requirements of the code for barrier-free design where, upon a clear and convincing showing, a compelling public interest is deemed to outweigh the state‘s interest in removing architectural barriers.
V. With respect to construction projects subject to the provisions of N.H. Rev. Stat. § 155:39-d, grant waivers to an owner, an owner’s agent or a lessee-in-possession from specific requirements of the code for barrier-free design upon good cause shown.
VI. Charge a nonrefundable fee for any application for waiver request submitted under paragraph IV or V, which shall be payable to the governor’s commission on disability. Each application for waiver request shall contain no more than 2 items to be reviewed for waiver. All fees shall be paid in advance with the application for waiver request. Any building or facility, as defined in N.H. Rev. Stat. § 275-C:10 II, shall not be subject to an application fee but shall file an application for waiver request as provided in this section.
I. Conduct studies, hold hearings, administer oaths, issue subpoenas, publish reports, and recommend legislation to implement this subdivision;
Terms Used In New Hampshire Revised Statutes 275-C:15
- Commission: means the governor's commission on disability. See New Hampshire Revised Statutes 275-C:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. Receive, process, and review complaints from any person alleging a violation of the code;
III. Issue cease-and-desist orders that enjoin an owner, an owner’s agent, or a lessee-in-possession from further construction or use of buildings and facilities, until compliance with the code for barrier-free design. To compel obedience to such orders, the committee on architectural barrier-free design shall petition the superior court for the county in which the party sought to be enjoined is principally located. Upon satisfying itself that the order of the committee was within its jurisdiction to issue and that there is substantial evidence on the record considered as a whole to support the finding of the committee, the superior court shall issue its order.
IV. Except as provided in paragraph V, grant waivers to an owner, an owner’s agent or a lessee-in-possession, pertaining only to places of public accommodation provided for in N.H. Rev. Stat. § 155:39-a, from specific requirements of the code for barrier-free design where, upon a clear and convincing showing, a compelling public interest is deemed to outweigh the state‘s interest in removing architectural barriers.
V. With respect to construction projects subject to the provisions of N.H. Rev. Stat. § 155:39-d, grant waivers to an owner, an owner’s agent or a lessee-in-possession from specific requirements of the code for barrier-free design upon good cause shown.
VI. Charge a nonrefundable fee for any application for waiver request submitted under paragraph IV or V, which shall be payable to the governor’s commission on disability. Each application for waiver request shall contain no more than 2 items to be reviewed for waiver. All fees shall be paid in advance with the application for waiver request. Any building or facility, as defined in N.H. Rev. Stat. § 275-C:10 II, shall not be subject to an application fee but shall file an application for waiver request as provided in this section.