Adopt Gcd 300 to read as follows:

CHAPTER Gcd 100 ORGANIZATIONAL RULES

PART Gcd 101 PURPOSE

Gcd 101.01 Purpose. The purpose of these rules is the implementation of RSA 275-C.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13

PART Gcd 102 DEFINITIONS

Gcd 102.01 "Accessible building" means "accessible building" as defined in RSA 275-C:9, I (b), namely "a building which, in the determination of the governor's commission on disability, is accessible to elderly persons and persons with disabilities."

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13

Gcd 102.02 "Commission" means "commission" as defined in RSA 275-C:1, I, namely, "the governor's commission on disability."

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13

Gcd 102.03 "Person with a disability" means "person with a disability" as defined in RSA 275-C:1, II, namely, "one who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or is regarded as having such an impairment."

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13; ss by #12866, eff 9-20-19

Gcd 102.04 "Wheelchair symbol" means "wheelchair symbol" as defined in RSA 275-C:9, I (a), namely, "the wheelchair symbol adopted by the Rehabilitation International's World Congress in 1969."

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13

PART Gcd 103 DESCRIPTION OF THE COMMISSION AND COMMISSION MEETINGS

Gcd 103.01 Composition of the Commission.

(a) The commission shall consist of:

(1) Up to thirty voting members appointed in accordance with RSA 275-C:2 and;

(2) Six ex-officio non-voting members as specified by title by RSA 275-C:3.

(b) Each member shall serve without compensation.

(d) The governor shall appoint a chairman of the commission from among the members.

(e) Any member appointed by the governor after May 25, 2018, excluding reappointed

members, shall serve for a three-year term and no more than 2 consecutive 3-year terms.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13; ss by #12867, eff 9-20-19

Gcd 103.02 Executive Director. There is an executive director chosen by majority vote of the commission who acts as secretary to the commission.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13

Gcd 103.03 Responsibilities of the Commission. The commission's responsibilities include, but are not limited to:

(a) Advising the governor, state agencies and the public on public policy and the administration of programs, services and facilities for persons with a disability;

(b) Encouraging the development of coordinated interdepartmental goals and objectives as they relate to persons with a disability;

(c) Encouraging the coordination of programs, services and facilities among state departments and private providers of service as they relate to persons with a disability;

(d) Providing information to the public regarding services for persons with a disability;

(e) Reviewing, and commenting to the governor, state agencies, the legislature and the public concerning the adequacy of, state programs, plans and budgets for services to persons with a disability and for funding under federal grant programs;

(f) Guided by the goal of formulating an integrated, comprehensive statewide plan to address the needs of persons with a disability, researching, formulating and advocating plans, programs and policies which will serve the needs of such persons;

(g) Administering and implementing the telecommunications equipment assistance program established by RSA 362-E;

(h) Pursuant to RSA 275-C:9, issuing wheelchair symbols to any applicant for such symbols who owns an accessible building;

(i) Approving the chair's appointments to the committee on architectural barrier-free design;

(j) Reporting annually to the governor on its activities; and

(k) Designing, producing, and issuing special registration tags and certificates for permanent service animal registration and licensing.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13

Gcd 103.04 Commission Meetings. Pursuant to RSA 275-C:7, the commission shall meet at least once every 3 months.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13

Gcd 103.05 Quorum. A quorum shall consist of a simple majority of members appointed, including participants by speakerphone or other telecommunication device if such means of attendance is required as an accommodation for a disability.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13; ss by #12867, eff 9-20-19

Gcd 103.06 Attendance at Meetings By Members of the Public. Pursuant to RSA 91-A:2, II, members of the public may attend and record commission meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13 (from Gcd 103.05)

Gcd 103.07 Notice of Meetings.

(a) Notice of the time and place of commission meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II.

(b) Information about the time and place of commission meetings shall also be available by telephone at the number stated in Gcd 104.01 (b) and by TTY at the number stated in Gcd 104.01 (c).

Source. #7634, eff 1-30-02; ss by #10338, eff 5-17-13 (from Gcd 103.06)

Gcd 103.08 Minutes of Commission Meetings.

(a) Minutes shall be kept of commission meetings and of official actions taken by the commission.

(b) Such minutes shall:

(1) Record the members participating in each vote; and

(2) Separately record the position of members who dissent, abstain or concur.

Source. #10338, eff 5-17-13 (from Gcd 103.07)

PART Gcd 104 PUBLIC REQUESTS FOR INFORMATION

Gcd 104.01 Office Location and Mailing Address, Telephone Number, Number for TTY Users, Fax Number, Website, and Email Address.

(a) The commission’s office location and mailing address is:

Governor’s Commission on Disability

54 Regional Drive, Suite 5

Concord, New Hampshire 03301-8502

(b) The commission’s telephone number is (603) 271-2773.

(d) The commission’s in-state TTY/Relay number is accessed through Relay New Hampshire by calling 711.

(e) The commission’s website is: www.nh.gov/disability.

(f) The commission’s general email is: disability@gcd.nh.gov.

(g) The commission’s fax number is: 603-271-2837.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-7-13; ss by #12868, eff 9-20-19; ss by #13812, eff 11-23-23

Gcd 104.02 Communication with the Commission. Persons wishing to correspond with the commission may do so as outlined in Gcd 104.01.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-7-13; ss by #12868 eff 9-20-19

Gcd 104.03 Public Access to Records.

(a) Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the commission, including meeting minutes, which are public records and not exempt from disclosure under RSA 91-A:5 or other applicable law.

(b) Public records shall be inspected and copied at the office of the commission at the location stated in Gcd 104.01(a) during regular business hours.

(c) Persons desiring copies of public records shall reasonably describe the information being sought and pay the actual cost of the copies.

(d) If records are requested which contain both public and confidential information, the commission shall delete the confidential information and provide the remaining information.

Source. #7634, eff 1-30-02; ss by #10338, eff 5-7-13

CHAPTER Gcd 200 PROCEDURAL RULES

PART Gcd 201 DEFINITIONS

Gcd 201.01 Definitions.

(a) “Appearance" means a written notification to the commission that a party, an intervenor or the representative of a party or intervenor intends to actively participate in a hearing.

(b) “Commission" means "commission" as defined in RSA 275-C:1, I, namely, "the governor's commission on disability".

(c) "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".

(d) “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".

(e) "Executive director" means the person selected pursuant to RSA 275-C:4.

(f) "Hearing" means "adjudicative proceeding" as defined by 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 non-party person or agency whose participation in a hearing is permitted by the presiding officer pursuant to RSA 541-A:32 and within the limits, if any, set by the presiding officer.

(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) "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".

(j) "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".

(k) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the commission.

(l) "Presiding officer" means presiding officer as defined in RSA 541-A:1, XIV, namely, "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".

(m) "Presiding panel" means a panel of commission members to which the commission has delegated 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 probable than not to be true.

(o) “Public comment hearing” means a hearing held pursuant to RSA 541-A:11.

(p) “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 202 DISPUTE RESOLUTION

Gcd 202.01 Principles of Dispute Resolution. The commission shall resolve by agreement, decision after hearing or order of settlement all disputes within the scope of RSA 275-C, RSA 362-E and the administrative rules implementing those statutes.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 202.02 Construction of Rules. Parts Gcd 203-213 and Gcd 215 shall be construed to secure the just, accurate and efficient resolution of all disputes.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 202.03 Right to Hearing. Any person having a dispute with the commission shall be entitled to a hearing of the dispute if:

(a) The legal rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and

(b) Constitutional, statutory or case law requires the commission to hold a hearing before determination of those rights, duties or privileges.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 202.04 Forms of Dispute Resolution. Disputes between any person and the commission shall be resolved by:

(a) Agreement pursuant to Gcd 215.01;

(b) Formal settlement pursuant to Gcd 215.02; or

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 203 CONDUCT OF HEARINGS BY PRESIDING OFFICER OR PRESIDING COMMISSION PANEL; ROLE OF COMMISSION STAFF; WAIVER OF RULES

Gcd 203.01 Presiding Officer or Panel.

(a) Hearings shall be conducted by:

(1) The commission chair or another individual designated by the commission to be presiding officer; or

(2) A panel of commission members designated by the commission to be the presiding panel.

(b) The presiding officer or presiding panel shall as necessary:

(1) Regulate and control the course of the hearing;

(2) Facilitate settlement of the dispute which is the subject of the hearing;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence at the hearing and exclude irrelevant, immaterial or unduly repetitious evidence;

(5) Rule on procedural requests at the request of a party or intervenor or on the presiding officer's or panel's own motion;

(6) Question anyone who testifies;

(7) Cause a complete record of the hearing to be made, as specified in RSA 541-A:31, VII; and

(8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 203.02 Withdrawal of Presiding Officer or Presiding Panel Member.

(a) Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer or a member of the presiding panel shall withdraw from any hearing for good cause.

(b) Good cause shall exist if the presiding officer or panel member:

(1) Has a direct interest in the outcome of the hearing, including but not limited to, a financial or family relationship with any party or intervenor;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case; or

(3) Personally believes that he or she cannot fairly judge the facts of the case.

(c) Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 203.03 Role of Commission Staff in Hearings. Unless called as witnesses, commission staff shall have no role in any hearing.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 203.04 Waiver or Suspension of Rules by Presiding Officer or Presiding Panel. The presiding officer or presiding panel, upon the motion of any party or intervenor or on the initiative of the presiding officer or panel, shall upon reasonable notice to affected persons suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver:

(a) Appears to be lawful; and

(b) Is more likely to promote the just, accurate and efficient resolution of the pending dispute than would adherence to a particular rule or procedure.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Gcd 204.01 Date of Issuance or Filing.

(a) All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document.

(b) All written documents governed by this chapter shall be rebuttably presumed to have been filed with the commission on the date of receipt, as evidenced by a date stamp placed on the document by the commission or its staff in the normal course of business.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 204.02 Format of Documents.

(a) All correspondence, pleadings, motions or other documents filed shall:

(1) Include the title and docket number of the case, if known;

(2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

(3) Be signed by the proponent of the document, or, if the proponent appears by a representative, by the representative; and

(4) Include a statement certifying that a copy of the document has been delivered to all parties and intervenors in compliance with Gcd 204.03.

(b) The signature of a party or intervenor or the representative of the party or the intervenor on a document filed with the commission shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer's knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 204.03 Delivery of Documents Relating to Proceedings.

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to all other parties and intervenors.

(b) All notices, orders, decisions or other documents issued by the presiding officer or the presiding panel shall be delivered to all parties and intervenors.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing into the United States mail a copy of the document in an envelope bearing:

(1) The name of the person intended to receive the document;

(2) The full address, including zip code, last provided to the commission by such person; and

(3) Prepaid first class postage.

(d) When a party or intervenor appears by a representative, delivery of a document to the party's or intervenor's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party or intervenor.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 205 TIME PERIODS

Gcd 205.01 Computation of Time.

(a) Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or a legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 206 MOTIONS

Gcd 206.01 Motions; Objections.

(a) Motions shall be in written form and filed with the presiding officer or presiding panel, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

(b) Oral motions and any oral objections to such motions shall be recorded in full in the record of the hearing. If the presiding officer or panel finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer or panel shall direct the proponent to submit the motion in writing and provide supporting information.

(d) Failure by an opposing party or an intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion.

(e) The presiding officer or panel shall hold a hearing on any motion when necessary to obtain information or clarify issues relating to the motion.

(f) The presiding officer or presiding panel shall rule upon a motion after full consideration of all objections and applicable law.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 207 COMMENCEMENT OF THE HEARING; APPEARANCES; PRE-HEARING CONFERENCE; RECORDING THE HEARING

Gcd 207.01 Commencement of the Hearing.

(a) A hearing shall be commenced by an order of the commission giving the parties the notice specified in paragraph (b).

(b) The hearing notice shall contain:

(1) A statement of the time, place and nature of the hearing;

(2) A statement of the legal authority under which the hearing is to be held;

(3) A reference to the applicable statutes and rules;

(4) A short and plain statement of the issues presented; and

(5) A statement that each party has the right to have representation by an attorney at the party’s own expense.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 207.02 Appearances and Representation. A party or intervenor or the representative of the party or intervenor shall file an appearance that includes the following information:

(a) The docket number assigned by the commission or a brief identification of the case;

(b) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 207.03 Prehearing Conference.

(a) A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the presiding officer or panel if the presiding officer or panel determines that to do so would facilitate the proceedings or encourage resolution of the dispute.

(b) Such prehearing conference shall include one or more of the following:

(1) Offers of settlement;

(2) Simplification of the issues;

(3) Stipulations or admissions as to issues of fact or proof;

(4) Limitations on the number of witnesses;

(5) Changes to standard hearing procedures;

(6) Consolidation of examination of witnesses; and

(7) Any other matters which advance the efficiency of the proceedings.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 207.04 Recording the Hearing.

(a) The presiding officer or presiding panel shall record the hearing by tape recording or other method that will provide a verbatim record.

(b) If any person requests a transcript of the taped record, the commission shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the person making the request.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 208 INTERVENTION

Gcd 208.01 Intervention Procedure.

(a) A non-party may intervene pursuant to RSA 541-A:32 by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceedings or that the non-party qualifies as an intervenor under any provision of law.

(b) If the presiding officer or panel determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, the motion for intervention shall be granted.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 208.02 Rights of an Intervenor. Notwithstanding the provisions of this chapter, an intervenor's right to participate in the proceedings shall be subject to any limitations or conditions imposed by the presiding officer or presiding panel pursuant to RSA 541-A:32, III.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 209 CONTINUANCES AND FAILURE TO ATTEND HEARING

Gcd 209.01 Continuances.

(a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.

(b) A motion for a delay or a continuance shall be granted if the presiding officer or presiding panel determines that there is good cause to do so.

(1) The unavailability of parties, intervenors, witnesses or attorneys necessary to conduct the hearing;

(2) The likelihood that a settlement will make the hearing or its continuation unnecessary; and

(3) Any other circumstances that demonstrate that a delay or continuance would assist in resolving the case fairly.

(d) If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer or panel shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 209.02 Failure to Attend Hearing. If any party to whom notice has been given in accordance with Gcd 207.01 fails to attend the hearing, the presiding officer or panel shall:

(a) Declare that party to be in default; and

(b) Dismiss the case if the party failing to appear has the overall burden of proof or hear the testimony and receive the evidence offered by the party attending if the attending party has the overall burden of proof.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 210 REQUESTS FOR INFORMATION AND DOCUMENTS

Gcd 210.01 Voluntary Production of Information.

(a) Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing.

(b) When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion pursuant to Gcd 210.02 to compel the production of the requested information or documents.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 210.02 Motions to Compel Production of Information and Documents.

(a) Any party or intervenor may make a motion requesting that the presiding officer or presiding panel order compliance with an information or document request. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such notice is issued less than 30 days in advance of the hearing.

(b) The motion shall:

(1) Set forth in detail those facts which its proponent believes justify the request; and

(2) List with specificity the information or documents being sought.

(c) The presiding officer or panel shall grant the motion if its proponent has demonstrated that compliance with the request is necessary for a full and fair presentation of evidence at the hearing.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 210.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the parties and intervenors shall provide to the other parties and intervenors:

(a) A list of all witnesses to be called at the hearing together with a brief summary of their testimony;

(b) A list of all documents and exhibits to be offered as evidence at the hearing; and

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 211 RECORD, PROOF, EVIDENCE, DECISION AND REHEARING

Gcd 211.01 Record. The record of the hearing shall be as set forth in RSA 541-A:31, VI.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.02 Standard and Burden of Proof. The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.03 Testimony; Order of Proceeding.

(a) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person or an agency, the person or agency being represented shall also be identified.

(b) The testimony on behalf of the parties shall be offered in the following order:

(1) The testimony of the party or parties bearing the overall burden of proof and such witnesses as such party or parties may call; and

(2) Thereafter the testimony of the party or parties opposing the party who bears the overall burden of proof and such witnesses as such party or parties may call.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.04 Evidence.

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

(b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer or presiding panel as irrelevant, immaterial, unduly repetitious or legally privileged.

(c) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

(d) Transcripts of testimony as well as documents, materials and objects admitted into evidence shall be public records unless the presiding officer or presiding panel determines that all or part of them is exempt from disclosure under RSA 91-A:5 or applicable case law.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.05 Proposed Findings of Fact and Conclusions of Law.

(a) Any party or intervenor may submit proposed findings of fact and conclusions of law to the presiding officer or presiding panel before or at the hearing.

(b) The presiding officer or presiding panel shall require the submission of proposed findings of fact and conclusions of law and specify a date after the close of the hearing for their submission when:

(1) Any party or intervenor has requested such action; or

(2) The presiding officer or panel determines that proposed findings of fact and conclusions of law would clarify the issues presented at the hearing.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.06 Closing the Record.

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by Gcd 211.07.

(b) Before the conclusion of the hearing, a party or intervenor may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties and intervenors have no objection, or if the presiding officer or panel determines that such evidence is necessary to a full consideration of the issues raised, the record shall be kept open for the period of time necessary for the party or intervenor to file the evidence.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.07 Reopening the Record. The presiding officer or the presiding panel, on the motion of any party or intervenor or on the initiative of the presiding officer or panel, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence and arguments not previously received if:

(a) No written proposal for decision pursuant to Gcd 211.08 (c) or final decision pursuant to Gcd 211.08 (a) has yet been issued; and

(b) The presiding officer or presiding panel determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.08 Decision After Hearing.

(a) The commission shall make a final decision on the basis of:

(1) A hearing conducted by the commission;

(2) A written proposal for decision meeting the requirements of paragraph (c); or

(3) A hearing held pursuant to (d) (2).

(b) A commission member shall not participate in the commission's decision unless he or she has personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(c) If a presiding officer or presiding panel has been delegated the authority to conduct the hearing in the absence of a majority of the members of the commission, the presiding officer or panel shall submit to the commission a written proposal for decision containing:

(1) The decision proposed by the presiding officer or panel;

(2) A statement of the reasons for the proposed decision; and

(3) Findings of fact and rulings of law necessary to the proposed decision.

(d) If a proposal for decision submitted pursuant to paragraph (c) is adverse to a party other than the commission itself or to an intervenor, the commission shall:

(1) Serve a copy of the proposal for decision on each party to the proceeding and on each intervenor; and

(2) Provide an opportunity to file objections and present briefs and oral arguments to the commission.

(e) The commission shall keep a final decision and a decision after rehearing, if any, on file in its records for at least 5 years following the date of the final decision or the date of the decision after rehearing, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.09 Filing and Content of Motion for Rehearing.

(a) A motion for rehearing shall be submitted to the commission within 30 days from the date of the final decision of the commission.

(b) A motion for rehearing shall:

(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have considered by the commission; and

(2) Describe how each identified error caused the commission's decision to be:

a. Illegal in respect to jurisdiction, authority of the commission or observance of the law;

b. An abuse of discretion; or

c. Arbitrary, unreasonable or capricious;

(3) State concisely the factual findings, reasoning and legal conclusions proposed by the proponent of the motion; and

(4) Include any argument or memorandum of law the proponent of the motion wishes to have considered.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.10 Standard for Granting Motion for Rehearing. A motion for rehearing shall be granted if it demonstrates that the commission's decision was:

(a) Illegal in respect to jurisdiction, authority of the commission or observance of the law;

(b) An abuse of discretion; or

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 211.11 Decision on Motion for Rehearing. Within 10 days of its receipt of a motion for rehearing, the commission shall notify all parties and intervenors that it has:

(a) Granted or denied the motion for rehearing; or

(b) Suspended its final decision pending further consideration of the motion.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 212 RULEMAKING

Gcd 212.01 Petitions for Rulemaking. Any person may seek the adoption, amendment or repeal of a rule by submitting to the commission a petition pursuant to RSA 541-A:4 which shall contain:

(a) The name and address of the individual petitioner, or, if the request is that of an organization or other entity, the identity of the entity and the name and address of the representative authorized by the entity to file the petition;

(b) A statement of the purpose of the petition, whether the adoption, amendment or repeal of a rule;

(d) If amendment or repeal of a rule is sought, identification of the current rule sought to be amended or repealed;

(e) Reference to the statutory provision which authorizes or supports the rulemaking petition; and

(f) Information or argument useful to the director when deciding whether to begin the rulemaking process.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 212.02 Disposition of Petitions for Rulemaking.

(a) The commission shall request additional information or argument from the petitioner or from others if such additional information or argument is required to reach a decision.

(b) The commission shall deny the petition for rulemaking when the adoption, amendment or repeal sought would result in:

(1) A rule which is not within the rulemaking authority of the commission;

(2) Duplication of a rule or of a statutory provision;

(3) Inconsistency between the existing rules and the statutory mandate of the commission;

(4) Inconsistency of administrative rules one with another; or

(5) Excessive burden upon the commission in terms of cost or a reduction in efficiency or effectiveness.

(1) Notifying the petitioner in writing that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

(2) By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

(d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 213 PUBLIC COMMENT HEARINGS

Gcd 213.01 Purpose. The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 213.02 Public and Media Access.

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the provisions of this part.

(b) Public comment hearings shall be open to print and electronic media, subject to the following limitations by the commission, or the person designated by the commission to preside over the hearing, when such limitations are necessary to allow the hearing to go forward:

(1) Limitation on the placement of cameras to specific locations within the hearing room; or

(2) Prohibition of interviews conducted within the hearing room before, during or after the hearing.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 213.03 Conduct of the Hearing.

(a) Public comment hearings shall be presided over by the commission chair or another individual who has been designated by the commission to preside over the hearing.

(b) The person presiding over the hearing shall:

(1) Call the hearing to order;

(2) Identify the proposed rules which are the subject matter of the hearing, and provide copies of them upon request;

(3) Cause a recording of the hearing to be made;

(4) Establish limits pursuant to Gcd 213.05 (b) and (c);

(5) Recognize those who wish to be heard;

(6) If necessary, refuse to recognize people for speaking, or revoke recognition of speakers, pursuant to Gcd 213.05 (a);

(7) If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner which is personally abusive or otherwise disrupts the hearing;

(8) If necessary, limit the activity of the media pursuant to Gcd 213.02 (b);

(9) If necessary, postpone or move the hearing; and

(10) Adjourn or continue the hearing.

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing are unable to do so;

(2) The person scheduled to preside over the hearing is ill or unavoidably absent; or

(3) Postponement will facilitate greater participation by the public.

(d) The hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

(e) The hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

(1) The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend the hearing and it is not possible to move the hearing to another location.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 213.04 Public Participation.

(a) People who wish to speak about the rules which are the subject matter of the hearing shall be asked to write on the speaker's list their full names and addresses and, if they represent other persons, the identity of the persons represented.

(b) People who wish to speak shall be asked to provide the information called for by paragraph (a) no later than before the last speaker on the list has finished speaking.

(c) People whose names appear on the speaker's list shall be afforded an opportunity to speak at the hearing within the limits on public participation provided in Gcd 213.05.

(d) Written comments, which may be submitted in lieu of or in addition to oral comments, shall be accepted for 10 days after the adjournment of the hearing, or after the adjournment of the postponed or continued hearing.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 213.05 Limitations on Public Participation. The individual presiding over the hearing shall:

(a) Refuse to recognize for speaking or revoke the recognition of anyone who:

(1) Speaks or acts in an abusive or disruptive manner; or

(2) Refuses to keep comments relevant to the proposed rules which are the subject matter of the hearing;

(b) Limit the duration of the hearing and limit the amount of time each speaker may speak to a time which allocates approximately equal speaking time to each individual shown on the speaker's list as wishing to speak; and

(c) Limit presentations on behalf of the same organization or entity to no more than 3, provided that all those representing such organization or entity may enter their names and addresses into the record as supporting the position of the organization or entity.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 214 DECLARATORY RULINGS

Gcd 214.01 Petitions for Declaratory Rulings by the Commission.

(a) Any person may petition for a declaratory ruling by the commission if:

(1) The person is directly affected by RSA 275-C, RSA 362-E or the administrative rules implementing those statutes; and

(2) The legal issues presented by the petition taken together with the facts presented pursuant to Gcd 214.02 (a) (2) and in response to any request of the commission made pursuant to Gcd 214.03 (b) are not substantially the same as those of a matter pending before the commission or a court of law.

(b) A petition for a declaratory ruling shall contain:

(1) The name and address of the person making the request;

(2) A statement of the interest of the person making the request;

(3) The text of the ruling being requested;

(4) The reasons for the petition; and

(5) The following declaration signed by the petitioner or the authorized representative of the petitioner:

"I declare that I have examined the request for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct, and complete."

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 214.02 Documents Required to Support Petitions for Declaratory Rulings.

(a) A petition for a declaratory ruling shall be accompanied by:

(1) A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested;

(2) A statement of the facts believed to support the ruling being requested; and

(3) Supplementary material necessary to establish or clarify the facts set forth in the statement of facts.

(b) A petition for a declaratory ruling may be accompanied by additional material chosen by the petitioner.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 214.03 Processing Petitions for Declaratory Rulings.

(a) Within 30 days of receiving a petition for a declaratory ruling the commission shall advise the petitioner if the ruling will be delayed by the need for additional information or the complexity of the issues presented.

(b) If additional information should be needed, the commission shall specify the additional information required and request that it be provided in a statement of additional information which includes the declaration specified in Gcd 214.01 (b) (5) and is accompanied by any material necessary to establish or clarify the facts set forth in the statement.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 214.04 Issuance of Declaratory Rulings. When facts sufficient to support a declaratory ruling or to justify denial of a declaratory ruling have been established, the commission shall:

(a) Issue a written declaratory ruling which applies all relevant law to the established facts; or

(b) Issue a written decision that the commission lacks the subject matter or personal jurisdiction required for the issuance of a declaratory ruling.

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 214.05 Effect of Declaratory Rulings. A declaratory ruling shall:

(a) Apply only to the petitioner; and

(b) Be confined to the facts presented pursuant to Gcd 214.02 (a) (2) and in response to any request of the commission made pursuant to Gcd 214.03 (b).

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

Gcd 214.06 Issuance and Publication of Declaratory Rulings. Declaratory rulings shall be edited as necessary to comply with RSA 91-A and filed on the day of issue with the director of legislative services in accordance with RSA 541-A:16, II (b).

Source. #7635-A, eff 1-30-02; ss by #10339, eff 5-17-13

PART Gcd 215 ALTERNATIVE DISPUTE RESOLUTION

Gcd 215.01 Alternative Dispute Resolution by Agreement.

(a) Any person who has a dispute with the commission shall have the opportunity to attempt to reach a resolution of the dispute by agreement so long as a hearing of the dispute has not yet commenced in accordance with Gcd 207.01.

(b) An agreement resolving some or all of the issues comprising the dispute shall become effective when its terms have been reduced to a writing signed by the parties to the agreement.

(c) The signing of a document setting forth the terms of an agreement resolving some or all of the issues comprising a dispute shall constitute a waiver of the right to a hearing of the issues resolved by the agreement.

Source. #7635-B, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10339, eff 5-17-13

Gcd 215.02 Alternative Dispute Resolution by Formal Settlement.

(a) After commencement of a hearing in accordance with Gcd 207.01, any person who has a dispute with the commission shall have the opportunity to attempt to reach a resolution of the dispute by formal settlement.

(b) A formal settlement resolving some or all of the issues comprising the dispute shall become effective when its terms have been reduced to a writing signed by the parties to the agreement and the settlement has been ordered by the commission.

(c) The signing of a document setting forth the terms of a formal settlement resolving some or all of the issues comprising a dispute shall constitute a waiver of the right to a hearing of the issues resolved by the formal settlement.

Source. #7635-B, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10339, eff 5-17-13

Gcd 215.03 Process for Alternative Dispute Resolution. The process for alternative dispute resolution shall be:

(a) Conversation between the executive director and the person who differs with the commission or between the executive director and that person's representative; or

(b) Any other process mutually satisfactory to the disputants.

Source. #7635-B, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10339, eff 5-17-13

PART Gcd 216 EXPLANATION OF ADOPTED RULES

Gcd 216.01 Requests for Explanation of Adopted Rules. Any interested person may, before 30 days after final adoption of a rule, request a written explanation of that rule by making a written request to the commission including:

(a) The name and address of the person making the request; or

(b) If the request is that of an entity, the name and address of the entity and the name and address of the representative authorized by the entity to make the request.

Source. #7635-B, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10339, eff 5-17-13

Gcd 216.02 Contents of Explanation. The commission shall within 90 days of receiving a request in accordance with Gcd 216.01 provide a written response which:

(a) Concisely states the meaning of the rule adopted;

(b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and

Source. #7635-B, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10339, eff 5-17-13

CHAPTER Gcd 300 TELECOMMUNICATIONS EQUIPMENT ASSISTANCE PROGRAM

PART Gcd 301 PURPOSE

Gcd 301.01 Purpose. These rules implement RSA 362-E and the telecommunications equipment assistance program of the governor's commission on disability. The program serves New Hampshire residents who are unable readily to use a standard wire telephone due to being deaf, hard of hearing, speech impaired, paraplegic, or unable to use his or her arms. It assists program participants by providing financial and practical assistance in the acquisition and use of communication devices enabling the ability to access telecommunication emergency services.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

PART Gcd 302 DEFINITIONS

Gcd 302.01 Definitions.

(a) "Certifying professional" means, as appropriate to the disability in question, any physician, physician’s assistant, optometrist, audiologist, otolaryngologist, speech-language pathologist, nurse or nurse practitioner licensed to practice in any state, or a counselor in the bureau of vocational rehabilitation of this state.

(b) "Commission" means the governor's commission on disability established by RSA 275-C:2.

(c) "Contractor" means any agency, company, organization, individual, or group of individuals with whom the commission contracts to carry out the provisions of RSA 362-E:3, II.

(d) "Device" means any mechanical or electrical adaptation for a wire telephone or any mechanism to be used in connection with or in place of a wire or wireless telephone.

(e) "Home" means a single-family home, an apartment, a rental unit, a condominium or, in the case of a person residing in a nursing home or other long-term care facility, the person's room in such nursing home or facility.

(f) "Household" means a family unit whose members are related by birth, marriage, civil union relationship, or adoption and who share a common home.

(g) "New Hampshire resident" means an individual whose main domicile is within New Hampshire.

(h) "Telecommunications Equipment Assistance Program (TEAP)" means the program providing telecommunications equipment assistance established by the commission pursuant to RSA 362-E:3, I (a).

(i) "Vendor" means any retailer, wholesaler, distributor, or other provider of equipment from which a person participating in TEAP has ordered a device and received the device ordered.

(j) "Voice carry over phone" means a telephone with a digital readout used in conjunction with the services of New Hampshire relay.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-12-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

PART Gcd 303 ELIGIBILITY FOR PARTICIPATION IN TEAP AND APPLICATION PROCESS

Gcd 303.01 Eligibility for Participation in TEAP. Participation in the TEAP program shall be limited to those persons who:

(a) Are New Hampshire residents;

(b) Have at least one of the disabilities set forth in Gcd 303.02;

(c) Either meet the income eligibility standard for full financial assistance set forth in Gcd 304.04 (a) or pay half the cost of any device received through the program; and

(d) Either have wire or wireless telephone service or, before receiving a device through the program, have arranged for such service or for the installation of equipment permitting such service and submitted as proof of the arrangement a copy of the bill for the service or the installation.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 303.02 Disability Basis for Participation. The disabilities forming the basis for participation in TEAP shall be:

(a) Deafness;

(b) Being hard of hearing;

(d) Other inability, by reason of a physical, vision, hearing or speech disability, to readily use a standard telephone.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 303.03 Application Requirements. An applicant for participation in TEAP shall:

(a) Furnish the information called for by the application form described in Gcd

303.04;

(b) Provide the verification and dated signature required by Gcd 303.05;

(d) Either have voice over internet protocol, wired, or wireless telephone service or the necessary equipment permitting the use of such service available at the time of application or intend to arrange for such service or installation before receiving a device.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 303.04 Application Form. An applicant for participation in TEAP shall provide the following information on the “Telecommunications Equipment Assistance Program” form:

(a) The applicant's name;

(b) The applicant's residential and e-mail addresses;

(d) The applicant’s annual household income;

(e) By checking one of 2 boxes labeled "yes" and "no", indicate whether:

(1) The applicant has a disability that makes use of a standard telephone difficult;

(2) The applicant has attached to the application the certification of disability described in Gcd 303.06;

(3) The applicant lives in New Hampshire;

(4) The applicant at the time of application has telephone service or, if not, is able to obtain telephone service;

(5) The applicant receives or is eligible for any of the following programs:

a. Senior companion program;

b. Aid to the needy blind (ANB);

c. Food stamp program;

d. State-funded childcare;

e. Meals on wheels;

f. Elderly nutrition program;

g. Aid to the permanently and totally disabled (APTD);

h. Medicaid;

i. State fuel assistance;

j. Temporary Assistance to Needy Families (TANF);

k. Headstart, or;

l. Women, Infants and Children Program (WIC); and

(6) The applicant meets the income eligibility standard for full financial assistance or alternatively the applicant is over the income eligibility limit for full financial assistance and agrees to reimburse the program for 50 per cent of the cost of equipment approved and ordered.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 303.05 Verification, Signature and Dating of the Application. An applicant for participation in TEAP shall sign and date a statement preprinted on the application form which declares that, to the best of the applicant's knowledge, all information contained in the application is correct and true.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 303.06 Certification of Disability. An applicant for participation in TEAP shall submit or arrange to be submitted on the applicant's behalf a certification of disability by providing the following information on the “Telecommunications Equipment Assistance Program Certification of Disability” form:

(a) The applicant's name;

(b) The applicant's disability;

(c) The name, address, and telephone number of an appropriate professional certifying that the applicant has a disability;

(d) The signature of such certifying professional to a statement preprinted on the form which declares that he or she certifies that the applicant has a disability that makes it difficult or impossible to use a standard telephone; and

(e) The date of signing by the certifying professional.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 303.07 Procedure for Processing Applications.

(a) Applications shall be reviewed for completeness in the order that they are received.

(b) An application found to be complete shall be dated and signed by a commission member or a representative of the contractor to indicate its status as complete.

(c) An applicant shall receive written notification of the following decisions within 30 days after the application has been found to be complete:

(1) The decision on the applicant's eligibility to participate in the program; and

(2) The decision on the applicant's eligibility for full financial assistance.

(d) An applicant who has been denied participation in the program or full financial assistance shall have the option to reapply.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

PART Gcd 304 OPERATION OF THE TEAP PROGRAM

Gcd 304.01 Entitlements of Participants in the Program. A participant in the TEAP program shall be entitled to:

(a) Evaluation in the participant's customary environment of the participant's equipment needs for ready communications using a wireline or wireless telephone;

(b) A professional communications evaluation, if necessary to determine with accuracy the participant’s equipment needs for communications using a wireline or wireless telephone;

(c) Assistance with the selection, design, fit, application, and use of one or more devices that meet the participant's equipment needs as determined pursuant to (a) or (b) above;

(d) Receipt of one or more such devices covered for at least one year by a warranty against defect; and

(e) Financial assistance with the cost of one or more such devices in accordance with Gcd 304.04.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 304.02 Ownership of Devices and Responsibilities of Recipients of Devices.

(a) Devices received by participants shall be the property of the commission.

(b) Recipients of devices shall return the devices to the commission or contractor when:

(1) The recipient(s) no longer need them; or

(2) The recipient(s) change their residency so that they are no longer residents of New Hampshire.

(c) There shall be no refund to participants who have paid half the cost of devices when such devices are returned to the commission or contractor pursuant to (b) above.

(d) Recipients of devices shall be responsible for the purchase of batteries, printer paper, and any other supplies necessary for their operation or use.

(e) Recipients of devices shall return to the vendor for free repair or replacement any device that fails during the warranty period.

(f) Recipients of devices shall be responsible for the maintenance and repair of devices when their warranty has expired.

(g) Recipients of devices shall be responsible for the payment of the monthly phone bills and all other charges incurred.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 304.03 Limitation on Devices Distributed to Participants.

(a) There shall be no distribution of a newer model or improved version of a device already distributed to a program participant for a period of 4 years following the first distribution of the device to the participant.

(b) If 2 or more devices meet the equipment needs of a program participant equally well, the program shall distribute to the participant the least costly of the devices.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 304.04 Financial Assistance.

(a) To the extent that funds are available, program participants shall be eligible for full financial assistance with the full cost of any devices they receive through the program if:

(1) Their adjusted gross income as reported for federal income tax purposes, less disability-rela ted annual expenses, does not exceed 200 per cent of the applicable federal poverty level published in the current Federal Register, pursuant to RSA 362-E:3, I(b); or

(2) They are claimed as dependents on the federal income tax return of another person or persons and the adjusted gross income of such person or persons, less the program participant's disability-related annual expenses, does not exceed 200 per cent of the applicable federal poverty level published in the current Federal Register.

(b) To the extent that funds are available, program participants who are not eligible under (a) above for full financial assistance shall be eligible for financial assistance in the amount of 50 per cent of the cost of any devices they receive through the program.

(c) If funds for financial assistance are unavailable, persons eligible to participate in the program shall be placed on a waiting list for financial assistance in the order in which their applications for participation were found to be complete.

Source. #7636, eff 1-30-02, EXPIRED: 1-30-10

New. #10128, INTERIM, eff 5-16-12, EXPIRED: 11-13-12

New. #10340, eff 5-17-13; ss by #13811, eff 11-23-23

CHAPTER Gcd 400 Rules Related to permanent registration of service animals

PART Gcd 401 PURPOSE

Gcd 401.01 Purpose. The purpose of these rules is the implementation of RSA 275-C:6 VII.

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

PART Gcd 402 DEFINITIONS

Gcd 402.01 "Service animal'' means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this definition.

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 402.02 "Commission" means "commission" as defined in RSA 275-C:1, I, namely, "the governor's commission on disability."

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 402.03 "Person with a disability" means "person with a disability" as defined in RSA 275-C:1, II, namely, "one who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or is regarded as having such an impairment."

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 402.04 “Registration tag” means a small tag issued by the commission and affixed to the service animal which states “ GCD – Permanent Registration” and which has a unique number.

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

PART Gcd 403 PROCEDURES

Gcd 403.01 Application for Tag and Certificate. Persons wishing to obtain a certificate or tag stamped, “G C D Permanent Registration” for their service animal, shall submit a written request to the commission which includes the owner’s:

(a) Name;

(b) Address;

(d) Email address; and

(e) City or town of residency.

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 403.02 Issuance of Tag and Certificate. The commission shall issue a registration tag and a certificate to the owner of a service animal after verification of the dog’s permanent registration and licensing with the town.

Source. #10341, eff 5-17-13; ss by #12869, eff 9-20-19; ss by #13811, eff 11-23-23

Gcd 403.03 Cost. There shall be no fees for the issuance of registration tags.

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 403.04 Town Clerk Responsibilities. The town clerk of each town or municipality shall determine the process by which permanently registered dogs that are service animals will be tracked for town purposes and ensure that town service animal owners are not required to participate, in any way, with an annual renewal of such dog’s registration or licensing.

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 403.05 Change of Residence. In cases of change of town of residency, the service animal owner shall re-register the dog at no cost. If the owner has elected to obtain a tag through the commission, the owner shall let the commission know of any change in town of residency.

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

Gcd 403.06 Death or Retirement of the Animal. Upon the death or retirement of a service animal, the owner or person in possession of the service animal tag shall immediately return the tag to the commission.

Source. #10341, eff 5-17-13; ss by #13811, eff 11-23-23

APPENDIX

Rule	Specific State Statute the Rule Implements

Gcd 101 & 102	RSA 541-A:7
Gcd 102.03	RSA 275-C:1, II
Gcd 103.01	RSA 275-C:1, II; RSA 275-C:2; RSA 275-C:3
Gcd 103.02	RSA 275-C:4
Gcd 103.03(a)-(f), 103.03(j)	RSA 275-C:6
Gcd 103.03(g)	RSA 362-E:2; RSA 362-E:3
Gcd 103.03(h)	RSA 275-C:9, IV
Gcd 103.03(i)	RSA 275-C:11
Gcd 103.04	RSA 275-C:7
Gcd 103.05	RSA 275-C:1, II
Gcd 103.06 & 103.07(a)	RSA 91-A:2, II
Gcd 103.07, 103.08, 104.01 & 104.02	RSA 541-A:16, I(a)
Gcd 104.01 & 104.02	RSA 541-A:16, I(a)
Gcd 104.03	RSA 91-A:4

Gcd 201	RSA 541-A:7
Gcd 202.01	RSA 541-A:30-a, I; RSA 541-A:31, V(a)
Gcd 202.02	RSA 541-A:7
Gcd 202.03	RSA 541-A:31, III
Gcd 202.04	RSA 541-A:30-a, I; RSA 541-A:31, V(a)
Gcd 203.01	RSA 541-A:30-a, I
Gcd 203.02	RSA 541-A:30-a, III (k)
Gcd 203.03	RSA 541-A:30-a, III (g)
Gcd 203.04	RSA 541-A:30-a, III (j)
Gcd 204	RSA 541-A:30-a, III (a)
Gcd 205	RSA 541-A:30-a, III (f)
Gcd 206	RSA 541-A:30-a, I
Gcd 207.01	RSA 541-A:31, III
Gcd 207.02	RSA 541-A:30-a, III (b)
Gcd 207.03	RSA 541-A:31, V (b) & (c)
Gcd 207.04	RSA 541-A:30-a I
Gcd 208	RSA 541-A:32
Gcd 209.01	RSA 541-A:30-a, III (h)
Gcd 209.02	RSA 541-A:30-a, I
Gcd 210.01 & 210.02	RSA 541-A:30-a, I
Gcd 210.03	RSA 541-A:30-a, III (c)
Gcd 211.01	RSA 541-A:31, VI
Gcd 211.02	RSA 541-A:30-a, III (d) & (e)
Gcd 211.03	RSA 541-A:30-a, I
Gcd 211.04(a)	RSA 541-A:33
Gcd 211.04 (b) & (c)	RSA 541-A:30-a, I
Gcd 211.04(d)	RSA 91-A
Gcd 211.05 & 211.06	RSA 541-A:30-a, I
Gcd 211.07	RSA 541-A:30-a, III (i)
Gcd 211.08(a)-(d)	RSA 541-A:30-a, I
Gcd 211.08(e)	RSA 541-A:30-a, III (1)
Gcd 211.09	RSA 541-A:30-a I
Gcd 211.10	RSA 541-A:30-a I
Gcd 211.11	RSA 541-A:30-a I
Gcd 212	RSA 541-A:16, I(c)
Gcd 213	RSA 541-A:16, I(e)(3)
Gcd 214	RSA 541-A:16, I(d)
Gcd 215	RSA 541-A:38
Gcd 216	RSA 541-A:11, VII

Gcd 301 & 302	RSA 541-A:7
Gcd 303.01	RSA 362-E:3, I(b) and RSA 362-E:5, I
Gcd 303.02	RSA 362-E:3, I(a) and RSA 362-E:1, IV
Gcd 303.03	RSA 362-E:5, IV
Gcd 303.04 & 303.05	RSA 362-E:3, I(c) and RSA 362-E:5, IV
Gcd 303.06	RSA 362-E:3, I(c) and RSA 362-E:5, II
Gcd 303.07	RSA 362-E:5, IV
Gcd 304.01	RSA 362-E:3, II
Gcd 304.02(a), (c), (d) and (e)	RSA 362-E:5, IV
Gcd 304.02(b) and 304.03	RSA 362-E:3, I(d)
Gcd 304.04(a)	RSA 362-E:3, I(b)
Gcd 304.04(b) and (c)	RSA 362-E:3, I(b) and RSA 362-E:5, IV

Gcd 401	RSA 275-C :6, VII
Gcd 402.01	RSA 167-D:1, IV; RSA 275-C : 6, VII
Gcd 402.02 and 402.03	RSA 275-C; 1; RSA 275-C : 6, VII
Gcd 402.04	RSA 466: 8, RSA 275-C : 6, VII
Gcd 403	RSA 275-C : 6, VII ; RSA 466:8