New Hampshire Revised Statutes 541-A:1 – Definitions
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In this chapter:
I. “Adjudicative proceeding” means the procedure to be followed in contested cases, as set forth in N.H. Rev. Stat. § 541-A:31 through N.H. Rev. Stat. § 541-A:36.
II. “Agency” means each state board, commission, department, institution, officer, or any other state official or group, other than the legislature or the courts, authorized by law to make rules or to determine contested cases.
III. “Committee” means the joint legislative committee on administrative rules, unless the context clearly indicates otherwise.
IV. “Contested case” means 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.
V. “Declaratory ruling” means an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.
V-a. “Electronic document” means a document which complies with requirements prescribed by the director for filing under paragraph VI and established in the drafting and procedure manual under N.H. Rev. Stat. § 541-A:8.
VI. “File” means the actual receipt, by the director of legislative services, of a document required to be submitted during a rulemaking process established by this chapter, under the terms and in the format prescribed by the director. The term “file” shall also apply to any other response, submission, or written explanation required during a rulemaking process established by this chapter.
VI-a. “Final legislative action” means the defeat of a joint resolution sponsored by the legislative committee on administrative rules pursuant to N.H. Rev. Stat. § 541-A:13, VII(b) in either the house or the senate, or the failure of the general court to override the governor’s veto of the joint resolution.
VII. “Fiscal impact statement” means a statement prepared by the legislative budget assistant, using data supplied by the rulemaking agency, and giving consideration to both short- and long-term fiscal consequences and includes the elements required by N.H. Rev. Stat. § 541-A:5, IV.
VII-a. “Form” means a document, whether hardcopy or electronic, with blank spaces for insertion of required or optional information, which must be submitted to the agency by persons outside the agency, such as, but not limited to, licensing applications, petitions, or requests. The term does not include a document that is called a form by the agency but which does not have blank spaces for insertion of information by persons outside the agency.
VII-b. “Internet content” means material that exists only on a website on the Internet.
VII-c. “Hybrid hearing” means an agency public comment hearing for rulemaking held in a physical location but with the option for participation by the public by electronic means pursuant to N.H. Rev. Stat. § 541-A:11 and N.H. Rev. Stat. § 541-A:19-a.
VIII. “License” means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.
IX. “Licensing” means the agency process relative to the issuance, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license, or the imposition of terms for the exercise of a license.
X. “Nonadjudicative processes” means all agency procedures and actions other than an adjudicative proceeding.
XI. “Order” means 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.
XII. “Party” means each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.
XIII. “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
XIV. “Presiding officer” means that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.
XV. “Rule” means each regulation, standard, form as defined in paragraph VII-a, or other statement of general applicability adopted by an agency to (a) implement, interpret, or make specific a statute enforced or administered by such agency or (b) prescribe or interpret an agency policy, procedure or practice requirement binding on persons outside the agency, whether members of the general public or personnel in other agencies. The term does not include (a) internal memoranda which set policy applicable only to its own employees and which do not affect private rights or change the substance of rules binding upon the public, (b) informational pamphlets, letters, or other explanatory material which refer to a statute or rule without affecting its substance or interpretation, (c) personnel records relating to the hiring, dismissal, promotion, or compensation of any public employee, or the disciplining of such employee, or the investigating of any charges against such employee, or (d) declaratory rulings. The term “rule” shall include rules adopted by the director of personnel, department of administrative services, relative to the state employee personnel system. Notwithstanding the requirements of N.H. Rev. Stat. § 21-I:14, the term “rule” shall not include the manual described in N.H. Rev. Stat. § 21-I:14, I or the standards for the format, content, and style of agency annual and biennial reports described in N.H. Rev. Stat. § 21-I:14, IX, which together comprise the manual commonly known as the administrative services manual of procedures. The manual shall be subject to the approval of governor and council.
XV-a. “Signature” means a person’s written name used as a form of identification, whether in original, photocopied, or scanned form.
XVI. “Standing policy committee” means a committee listed in rules of the house of representatives or the senate to which legislation including rulemaking authority was originally referred for hearing and report.
XVII. “Virtual hearing” means an agency public comment hearing for rulemaking held only electronically and which provides public access to participate by electronic means pursuant to N.H. Rev. Stat. § 541-A:11 and N.H. Rev. Stat. § 541-A:19-a.
I. “Adjudicative proceeding” means the procedure to be followed in contested cases, as set forth in N.H. Rev. Stat. § 541-A:31 through N.H. Rev. Stat. § 541-A:36.
Terms Used In New Hampshire Revised Statutes 541-A:1
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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
- Statute: A law passed by a legislature.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
II. “Agency” means each state board, commission, department, institution, officer, or any other state official or group, other than the legislature or the courts, authorized by law to make rules or to determine contested cases.
III. “Committee” means the joint legislative committee on administrative rules, unless the context clearly indicates otherwise.
IV. “Contested case” means 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.
V. “Declaratory ruling” means an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.
V-a. “Electronic document” means a document which complies with requirements prescribed by the director for filing under paragraph VI and established in the drafting and procedure manual under N.H. Rev. Stat. § 541-A:8.
VI. “File” means the actual receipt, by the director of legislative services, of a document required to be submitted during a rulemaking process established by this chapter, under the terms and in the format prescribed by the director. The term “file” shall also apply to any other response, submission, or written explanation required during a rulemaking process established by this chapter.
VI-a. “Final legislative action” means the defeat of a joint resolution sponsored by the legislative committee on administrative rules pursuant to N.H. Rev. Stat. § 541-A:13, VII(b) in either the house or the senate, or the failure of the general court to override the governor’s veto of the joint resolution.
VII. “Fiscal impact statement” means a statement prepared by the legislative budget assistant, using data supplied by the rulemaking agency, and giving consideration to both short- and long-term fiscal consequences and includes the elements required by N.H. Rev. Stat. § 541-A:5, IV.
VII-a. “Form” means a document, whether hardcopy or electronic, with blank spaces for insertion of required or optional information, which must be submitted to the agency by persons outside the agency, such as, but not limited to, licensing applications, petitions, or requests. The term does not include a document that is called a form by the agency but which does not have blank spaces for insertion of information by persons outside the agency.
VII-b. “Internet content” means material that exists only on a website on the Internet.
VII-c. “Hybrid hearing” means an agency public comment hearing for rulemaking held in a physical location but with the option for participation by the public by electronic means pursuant to N.H. Rev. Stat. § 541-A:11 and N.H. Rev. Stat. § 541-A:19-a.
VIII. “License” means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.
IX. “Licensing” means the agency process relative to the issuance, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license, or the imposition of terms for the exercise of a license.
X. “Nonadjudicative processes” means all agency procedures and actions other than an adjudicative proceeding.
XI. “Order” means 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.
XII. “Party” means each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.
XIII. “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
XIV. “Presiding officer” means that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.
XV. “Rule” means each regulation, standard, form as defined in paragraph VII-a, or other statement of general applicability adopted by an agency to (a) implement, interpret, or make specific a statute enforced or administered by such agency or (b) prescribe or interpret an agency policy, procedure or practice requirement binding on persons outside the agency, whether members of the general public or personnel in other agencies. The term does not include (a) internal memoranda which set policy applicable only to its own employees and which do not affect private rights or change the substance of rules binding upon the public, (b) informational pamphlets, letters, or other explanatory material which refer to a statute or rule without affecting its substance or interpretation, (c) personnel records relating to the hiring, dismissal, promotion, or compensation of any public employee, or the disciplining of such employee, or the investigating of any charges against such employee, or (d) declaratory rulings. The term “rule” shall include rules adopted by the director of personnel, department of administrative services, relative to the state employee personnel system. Notwithstanding the requirements of N.H. Rev. Stat. § 21-I:14, the term “rule” shall not include the manual described in N.H. Rev. Stat. § 21-I:14, I or the standards for the format, content, and style of agency annual and biennial reports described in N.H. Rev. Stat. § 21-I:14, IX, which together comprise the manual commonly known as the administrative services manual of procedures. The manual shall be subject to the approval of governor and council.
XV-a. “Signature” means a person’s written name used as a form of identification, whether in original, photocopied, or scanned form.
XVI. “Standing policy committee” means a committee listed in rules of the house of representatives or the senate to which legislation including rulemaking authority was originally referred for hearing and report.
XVII. “Virtual hearing” means an agency public comment hearing for rulemaking held only electronically and which provides public access to participate by electronic means pursuant to N.H. Rev. Stat. § 541-A:11 and N.H. Rev. Stat. § 541-A:19-a.