reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:27 - Notification of Federal Statute and Regulation.

541-A:27 Notification of Federal Statute and Regulation. –
Any new, expanded, or modified programs or responsibilities based upon a federal mandate and lawfully mandated or assigned to any political subdivision shall specifically state the federal statute and regulation requiring such new, expanded, or modified programs or responsibilities.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:28 - Opinions of the Attorney General.

541-A:28 Opinions of the Attorney General. –
The attorney general shall transmit a copy of every nonconfidential opinion relative to rulemaking or rulemaking authority issued by the attorney general or in the attorney general's name to the director of legislative services. The director shall publish such opinions in the rulemaking register.
Source.
1994, 412:1. 2000, 288:19, eff. July 1, 2000. 2018, 28:3, eff. July 14, 2018.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:29 - Agency Action on Applications, Petitions and Requests.

541-A:29 Agency Action on Applications, Petitions and Requests. –
In processing an application, petition, or request, in any matter other than rulemaking or a declaratory ruling, in which a response is specifically addressed to the applicant, petitioner, or requester, the agency shall:
I. Within 30 days of receipt, examine the application, petition, or request, notify the applicant of any apparent errors or omissions, request any additional information that the agency is permitted by law to require, and notify the applicant of the name, official title, address, and telephone number of an agency official or employee who may be contacted regarding the application.
II. Within a reasonable time, not to exceed 60 days, after receipt of the application, petition or request, or of the response to a timely request made by the agency pursuant to paragraph I, the agency shall:
(a) Approve or deny the application, in whole or in part, on the basis of nonadjudicative processes, if disposition of the application by the use of these processes is not precluded by any provision of law; or
(b) Commence an adjudicative proceeding in accordance with this chapter.
III. If the time limits prescribed by this section conflict with specific time limits provided for by other provisions of law, the specific time limits provided for by such other provisions shall control.
IV. An agency may extend the time periods for review provided for in this section or in any other provision of law upon written agreement of the applicant.
Source.
1994, 412:1, eff. Aug. 9, 1994. 2018, 279:6, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:29-a - Failure of Agency to Act.

541-A:29-a Failure of Agency to Act. –
I. If an agency fails to take any required action on an application, petition, or request within the time limits prescribed by RSA 541-A:29 or any other provisions of law, the application, petition, or request shall be deemed approved and any permit, approval or other item requested shall be deemed granted to or received by the applicant, petitioner, or requestor, except as provided in RSA 310.
II. If a permit, approval, or other item has been granted under paragraph I, the applicant may request written confirmation of such grant from an agency. The agency shall provide an applicant written confirmation of such an approval within 14 days of the applicant's request.
III. A permit, approval, or other item shall not be granted by default if an applicant has agreed in writing to extend an agency's time for review pursuant to RSA 541-A:29, IV or any other provision of law.
IV. A grant of a permit, approval, or other item under this section shall not relieve the applicant, petitioner, or requestor from the obligation to comply with all federal, state, and local requirements applicable to activities authorized by the permit, approval, or other item.
Source.
2018, 279:9, eff. Jan. 1, 2019. 2022, 32:2, eff. July 2, 2022. 2023, 112:18, eff. July 1, 2023; 235:25, eff. July 15, 2023.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:30 - Agency Action Against Licensees.

541-A:30 Agency Action Against Licensees. –
I. If a timely and sufficient application has been made in accordance with agency rules for renewal of a license for any activity of a continuing nature that does not automatically expire by law, the existing license shall not expire until the agency has taken final action upon the application for renewal. If the agency's final action is unfavorable, the license shall not expire until the last day for seeking judicial review of the agency's action, or a later date fixed by the reviewing court.
II. An agency shall not revoke, suspend, modify, annul, withdraw, or amend a license unless the agency first gives notice to the licensee of the facts or conduct upon which the agency intends to base its action, and gives the licensee an opportunity, through an adjudicative proceeding, to show compliance with all lawful requirements for the retention of the license.
III. If the agency finds that public health, safety or welfare requires emergency action and incorporates a finding to that effect in its order, immediate suspension of a license may be ordered pending an adjudicative proceeding. The agency shall commence this adjudicative proceeding not later than 10 working days after the date of the agency order suspending the license. A record of the proceeding shall be made by a certified shorthand court reporter provided by the agency. Unless expressly waived by the licensee, agency failure to commence an adjudicative proceeding within 10 working days shall mean that the suspension order is automatically vacated. The agency shall not again suspend the license for the same conduct which formed the basis of the vacated suspension without granting the licensee prior notice and an opportunity for an adjudicative proceeding.
Source.
1994, 412:1. 1999, 331:1, eff. Sept. 14, 1999.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:32 - Intervention.

541-A:32 Intervention. –
I. The presiding officer shall grant one or more petitions for intervention if:
(a) The petition is submitted in writing to the presiding officer, with copies mailed to all parties named in the presiding officer's notice of the hearing, at least 3 days before the hearing;
(b) The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests may be affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and
(c) The presiding officer determines that the interests of justice and the orderly and prompt conduct of the proceedings would not be impaired by allowing the intervention.
II. The presiding officer may grant one or more petitions for intervention at any time, upon determining that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.
III. If a petitioner qualifies for intervention, the presiding officer may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Such conditions may include, but are not limited to:
(a) Limitation of the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition.
(b) Limitation of the intervenor's use of cross-examination and other procedures so as to promote the orderly and prompt conduct of the proceedings.
(c) Requiring 2 or more intervenors to combine their presentations of evidence and argument, cross-examination, and other participation in the proceedings.
IV. Limitations imposed in accordance with paragraph III shall not be so extensive as to prevent the intervenor from protecting the interest which formed the basis of the intervention.
V. The presiding officer shall render an order granting or denying each petition for intervention, specifying any conditions and briefly stating the reasons for the order. The presiding officer may modify the order at any time, stating the reasons for the modification.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:33 - Evidence; Official Notice in Contested Cases.

541-A:33 Evidence;  Official Notice in Contested Cases. –
I. All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer.
II. The rules of evidence shall not apply in adjudicative proceedings. Any oral or documentary evidence may be received; but the presiding officer may exclude irrelevant, immaterial or unduly repetitious evidence. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidence offered may be made and shall be noted in the record. Subject to the foregoing requirements, any part of the evidence may be received in written form if the interests of the parties will not thereby be prejudiced substantially.
III. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
IV. A party may conduct cross-examinations required for a full and true disclosure of the facts.
V. Official notice may be taken of any one or more of the following:
(a) Any fact which could be judicially noticed in the courts of this state.
(b) The record of other proceedings before the agency.
(c) Generally recognized technical or scientific facts within the agency's specialized knowledge.
(d) Codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association.
VI. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:34 - Examination of Evidence by Agency.

541-A:34 Examination of Evidence by Agency. –
If a majority of the officials of the agency who are to render the final decision in a contested case have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the final decision. The proposal for decision shall contain a statement of the reasons for the decision and shall set forth each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:35 - Decisions and Orders.

541-A:35 Decisions and Orders. –
A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed promptly to each party and to a party's recognized representative.
Source.
1994, 412:1. 2000, 288:21, eff. July 1, 2000.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:36 - Ex Parte Communications.

541-A:36 Ex Parte Communications. –
Unless required for the disposition of ex parte matters authorized by law, officials or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue before the agency, with any person or party, except upon notice and opportunity for all parties to participate. This notice requirement shall not apply to:
I. Communications between or among agency personnel, or between the agency and legal counsel.
II. Communications between or among the presiding officer and one or more personal assistants.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:37 - Waiver.

541-A:37 Waiver. –
Except to the extent precluded by law, a person may waive any right conferred upon that person by this chapter.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:38 - Informal Settlements.

541-A:38 Informal Settlements. –
Except to the extent precluded by law, informal settlement of matters by nonadjudicative processes is encouraged. This section does not require any party or other person to utilize informal procedures or to settle a matter pursuant to informal procedures.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:39 - Notice to Municipalities.

541-A:39 Notice to Municipalities. –
I. In addition to any other requirements imposed by this chapter, each agency shall give notice to and afford all affected municipalities reasonable opportunity to submit data, views, or comments with respect to the issuance of a permit, license, or any action within its boundaries that directly affects the municipality. Such actions shall include those which may have an effect on land use, land development, or transportation; those which would result in the operation of a business; or those which would have an immediate fiscal impact on the municipality or require the provision of additional municipal services.
II. Each agency shall give notice by first class mail to the town or city clerk.
III. In the event of emergency circumstances which require prompt attention, prior notice or opportunity to comment shall not be required. However, notice contemporaneous with the action shall be required.
IV. This section shall not apply to the issuance of professional or occupational licenses unless such issuance also results in actions meeting the criteria set forth in paragraph I. This section shall not apply to reissuance or renewal of licenses or permits issued prior to August 23, 1985.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:40 - Suspension of Provisions.

541-A:40 Suspension of Provisions. –
I. To the extent necessary to avoid a denial of funds or services from the United States which would otherwise be available to the state, the governor may suspend, in whole or in part, one or more provisions of this chapter. When the governor determines that a suspension is no longer necessary to prevent the loss of funds or services from the United States, the governor shall issue an order specifying the dates of termination of a suspension.
II. The original copy of any suspension order or order recognizing the termination of a suspension issued by the governor shall be dated, certified and filed in the office of legislative services.
III. If any provision of this chapter is suspended pursuant to this section, the governor shall promptly report the suspension to the general court. The report shall include recommendations with respect to any desirable legislation that may be necessary to conform this chapter with federal law.
IV. (a) Notwithstanding any other provision of this chapter, the director of legislative services may, after consultation with the chair and vice-chair of the joint legislative committee on administrative rules, and for good cause shown, waive any deadline or otherwise extend any time period contained in any provision of this chapter which relates to the rulemaking process.
(b) If a deadline is waived or a time period is extended, the director shall, after consultation with the chair and the vice-chair of the committee and the agency whose rules are affected, establish a new deadline by which the required action shall be taken.
Source.
1994, 412:1. 2000, 288:22. 2004, 180:9, eff. June 1, 2004. 2011, 252:15, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-A - Administrative Procedure Act › Section 541-A:41 - Effect of Prior Law.

541-A:41 Effect of Prior Law. –
This chapter shall govern all agency rulemaking procedures, hearings, and appeals, except as specifically exempted by this chapter. Conflicts between this chapter and prior or existing statutes shall be resolved by following the stricter requirements.
Source.
1994, 412:1, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:1 - Definitions.

541-B:1 Definitions. –
In this chapter:
I. "Agency" means all departments, boards, offices, commissions, institutions, other instrumentalities of state government, including but not limited to the Pease development authority, division of ports and harbors, the New Hampshire housing finance authority, the New Hampshire energy authority, the community college system of New Hampshire, and the Pease development authority, and the general court, including any official or employee of same when acting in the scope of his or her elected or appointed capacity, but excluding political subdivisions of the state.
II. "Board" means the board of claims established by RSA 541-B:2.
II-a. "Claim" means any request for monetary relief for either:
(a) Bodily injury, personal injury, death or property damages caused by the failure of the state or state officers, trustees, officials, employees, or members of the general court to follow the appropriate standard of care when that duty was owed to the person making the claim, including any right of action for money damages which either expressly or by implication arises from any law, unless another remedy for such claim is expressly provided by law; or
(b) Property damages suffered by a state employee or official during the performance of that employee's or official's duties while on state business where compensation is appropriate under principles of equity and good conscience.
III. "Claimant" means any person who files a claim pursuant to this chapter.
IV. [Repealed.]
V. "Person" means any individual, partnership, association, corporation or political subdivision.
VI. "Political subdivision" means any village district, school district, town, city, county or unincorporated place in the state.
Source.
1977, 595:2. 1985, 412:4, 5, 15, I. 1988, 36:1. 1990, 161:3. 2001, 290:17, eff. July 1, 2001. 2007, 361:31, eff. July 17, 2007.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:2 - Board Established.

541-B:2 Board Established. –
There is hereby organized, constituted and established a 5 member board of claims for the state.
Source.
1977, 595:2. 1994, 158:4; 381:11, eff. May 23, 1994, at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:3 - Appointment and Qualifications of Board Members.

541-B:3 Appointment and Qualifications of Board Members. –
I. The governor shall appoint 2 competent persons to serve as board members; preferably each shall be a member of the New Hampshire Bar Association.
II. The chief justice of the New Hampshire supreme court shall appoint the chairman of the board. The chairman shall be a judicial referee, if one is available, but if not, then the chairman shall be a member of the New Hampshire Bar Association.
III. The president of the senate shall appoint one member of the senate, and the speaker of the house of representatives shall appoint one member of the house of representatives, to serve as board members.
IV. All members shall be residents of the state and if any member ceases to be a resident of this state a vacancy is created.
Source.
1977, 595:2, eff. July 1, 1977.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:4 - Term.

541-B:4 Term. –
I. Each board member except the legislative members shall serve a 6-year term. The 2 legislative members shall serve a term which is co-terminous with their terms as legislators; provided, however, that at the expiration of a term of 6 years, a legislative member may be reappointed to serve as a board member for an additional 6-year term.
II. (a) In the event of a vacancy on said board for any reason which is created by the 2 members appointed pursuant to RSA 541-B:3, I, the provisions of RSA 21:33-a shall apply.
(b) If the position of chairman of the board becomes vacant, the provisions of RSA 21:33-a shall apply except that the appointment shall be by the chief justice of the New Hampshire supreme court.
(c) A vacancy on the board for any reason which is created by either of the 2 legislative members appointed pursuant to RSA 541-B:3, III, shall be filled by the president of the senate or the speaker of the house of representatives, as appropriate, pursuant to RSA 541-B:3, III.
Source.
1977, 595:2. 1994, 161:1, eff. July 22, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:5 - Disqualification of Board Member.

541-B:5 Disqualification of Board Member. –
A board member may disqualify himself relative to any matter before the board or if the board votes that any member has or may have a conflict of interest in any matter before the board, that member shall be disqualified to sit as a board member on that particular matter. In the event of any disqualification, the governor by the authority of RSA 21:33-a, the chief justice of the supreme court by the authority of RSA 541-B:3, II, the president of the senate or the speaker of the house of representatives, as appropriate, by the authority of RSA 541-B:3, III, shall appoint an interim member to the board to serve only as to that matter. The interim member shall have the same qualifications as the disqualified member.
Source.
1977, 595:2, eff. July 1, 1977.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:6 - Removal.

541-B:6 Removal. –
The governor may at any time remove a board member for cause, including malfeasance, misfeasance, inefficiency in office or incapacity or unfitness to perform his duties. The attorney general or chief justice of the superior court may petition for such removal, setting forth the grounds and reasons therefor. No board member shall be removed without a public hearing before the governor and council upon such petition, giving the member due notice thereof not less than 30 days before the hearing.
Source.
1977, 595:2, eff. July 1, 1977.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:7 - Compensation.

541-B:7 Compensation. –
Each non-legislative member shall not receive more than $65 and his reasonable expenses in each quarter; the legislative board members shall be entitled to legislative mileage only. Any interim board member appointed shall be compensated in like manner while serving on the board.
Source.
1977, 595:2, eff. July 1, 1977.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:8 - Quorum.

541-B:8 Quorum. –
A majority of the board shall constitute a quorum to conduct hearings and a vote of at least a majority of the quorum is required to adopt and approve any matter considered by it.
Source.
1977, 595:2. 1978, 40:24. 1994, 158:5, eff. May 23, 1994.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:9 - Jurisdiction.

541-B:9 Jurisdiction. –
I. Claims under this chapter shall be brought solely in accordance with the provisions of this chapter.
II. The board shall have original and exclusive jurisdiction to investigate, conduct hearings and make decisions, and render or deny awards on all claims under this chapter not exceeding $5,000 against any agency, except those claims arising under workers' compensation, unemployment compensation, eminent domain proceedings, RSA 110-B:73, RSA 207:23-a, RSA 228:29, and RSA 491:8.
III. The board shall have concurrent jurisdiction to investigate, conduct hearings and make decisions, and render or deny awards, except those claims arising under workers' compensation, unemployment compensation, eminent domain proceedings, RSA 110-B:73, RSA 207:22-25, RSA 228:29 and RSA 491:8, with the superior court on all claims in excess of $5,000, but not exceeding $50,000, against any agency.
IV. Except as otherwise provided, the superior court shall have original and exclusive jurisdiction of all claims in excess of $50,000 against any agency.
V. Notwithstanding paragraph II, the department of corrections shall have exclusive jurisdiction to investigate, conduct hearings and make decisions, and render or deny awards on claims against the department of corrections when the amount involved is less than $500.
V-a. Notwithstanding paragraph II, the department of health and human services shall have exclusive jurisdiction to investigate, conduct hearings and make decisions, and render or deny awards on claims against New Hampshire hospital when the amount involved is less than $500.
VI. The board of claims may authorize payment of uncontested claims based upon a review of the record, without holding a hearing.
Source.
1977, 595:2. 1985, 412:6. 1987, 14:3. 1997, 166:1. 1999, 296:9, eff. Sept. 14, 1999; 344:8, eff. Nov. 18, 1999.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:9-a - Claims Filed Against the State and Its Agent.

541-B:9-a Claims Filed Against the State and Its Agent. –
When a claim filed pursuant to this chapter is against both the state and an agent, official or employee of the state, the court shall determine whether the state is responsible for the actions of the agent, employee or official. If the court determines that the state is responsible for the actions of the agent, employee or official; the agent, employee or official shall be dismissed as a defendant and the plaintiff shall proceed solely against the state.
Source.
1994, 52:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:10 - Powers and Duties of the Board.

541-B:10 Powers and Duties of the Board. –
I. The board shall have the power to adopt and amend all rules of procedure not inconsistent with the constitution or laws of the state, which reasonably may be necessary for the proper performance of its duties and the regulation of the proceedings before it.
II. The board shall not be bound by common law or statutory rules of evidence, but may admit all testimony having a reasonable probative value. It may exclude evidence which is in the opinion of the board immaterial, irrelevant or unduly repetitious.
III. The board may subpoena witnesses and compel their attendance, and also may require the production of books, papers and documents. Any member of the board may administer oaths or affirmations to witnesses appearing before it. Any person failing or refusing to obey any subpoena or order of the board may be proceeded against in the same manner as for refusal to obey any other subpoena.
IV. The findings and recommendations of the board or any payment of a claim authorized by said board shall only be subject to a judicial appeal by the petitioner in accordance with RSA 541. The board may by unanimous action order a rehearing on any matter before it, if in its opinion there are sufficient equitable reasons on behalf of any party to the proceedings so that a rehearing should be granted; provided, however, no rehearing on any matter shall be permitted after the board has authorized a payment of a claim.
V. The board shall adopt and have an official seal.
Source.
1977, 595:2. 1985, 412:7, eff. July 3, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:11 - Procedure.

541-B:11 Procedure. –
The procedure for the filing and adjudication of claims is as follows:
I. The claimant shall first file the claim in writing with the agency involved.
II. When a claim has been filed with any agency, the head of the agency shall make or cause to be made a preliminary investigation and provide the attorney general with the results of such investigation.
III. Any person initiating a claim with the board under the provisions of RSA 541-B:9, II or III shall file the claim with the secretary of state, who shall forward the claim to the board.
IV. The secretary of state shall notify the agency, the attorney general, and the claimant of the next scheduled quarterly meeting of the board and of the pertinent information as to when the claim has been scheduled for a hearing. The claimant, attorney general, and agency shall have at least 10 days' written notice of the date, time and place of the hearing.
V. When a claim is forwarded to the board by the secretary of state, the board shall schedule such claim for a hearing no later than the next succeeding quarterly meeting of the board, if the board has met in the current quarter or not enough time is left within said quarter to comply with the notice required pursuant to paragraph IV. Upon the request of any party, the board may continue any claim until a succeeding quarterly meeting in order that the party may perform necessary and adequate discovery.
VI. The claimant may represent himself or he may be represented by an attorney. The claimant may subpoena witnesses and compel their attendance, and also may require the production of books, papers and documents. The attorney general shall represent the agency.
VII. All hearings before the board shall be subject to the provisions of RSA 91-A.
Source.
1977, 595:2. 1985, 412:8, eff. July 3, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:11-a - Annual Report.

541-B:11-a Annual Report. –
The secretary of state shall provide annually to the division of risk and benefits a copy of the annual report for the board.
Source.
1994, 381:12. 2006, 70:9, eff. June 24, 2006. 2019, 346:24, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:12 - Repealed by 1985, 412:15, II, eff. July 3, 1985.

541-B:12 Repealed by 1985, 412:15, II, eff. July 3, 1985. –
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:13 - Payment of Claims.

541-B:13 Payment of Claims. –
Whenever the board by majority vote finds that payment to a claimant is justified, or a judgment by the superior court becomes final, the governor shall draw his warrant for said payment out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated.
Source.
1977, 595:2. 1985, 412:9, eff. July 3, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:14 - Limitation on Action and Claims.

541-B:14 Limitation on Action and Claims. –
I. All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed $475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 9:27, whichever amount is greater; except that no claim for punitive damages may be awarded under this chapter. The limits applicable to any action shall be the limits in effect at the time of the judgment or settlement.
II. If a claim is filed against the state for time unjustly served in the state prison when a person is found to be innocent of the crime for which he was convicted, such a claim shall be limited to an award not to exceed $20,000.
III. The payment of interest shall be granted on any award authorized under this chapter at the rate provided in RSA 336:1 in the same manner as is provided for in civil actions generally.
IV. Any claim submitted under this chapter shall be brought within 3 years of the date of the alleged bodily injury, personal injury or property damage or the wrongful death resulting from bodily injury. As a condition precedent to commencement of the action, the agency shall be provided written notice within 180 days after the time of the injury or damage as to the date, time, and location the injury or damage occurred. The lack of written notice shall not bar a claim unless the agency can show by a preponderance of the evidence that its ability to defend against the action was substantially prejudiced thereby. Such notification may be made either by the claimant or an appropriate representative of the claimant.
Source.
1977, 595:2. 1985, 412:10, 11. 1993, 119:1. 1995, 237:2. 1996, 267:3. 2003, 150:11, eff. Jan. 1, 2004. 2007, 356:2, eff. July 17, 2007. 2018, 125:6, eff. May 30, 2018.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:15 - Claimants' Rights Against Others.

541-B:15 Claimants' Rights Against Others. –
The adjudication by the board or the superior court on any claim before it shall not deprive the claimant of any other legal rights he may have against another party.
Source.
1977, 595:2. 1985, 412:12, eff. July 3, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:16 - Settlement.

541-B:16 Settlement. –
Any payment made pursuant to this chapter shall be in full settlement of any liability on behalf of the agency which was subject to the claim and no further action may be instituted in any court of law for recovery of damages against that agency on any matter arising out of that particular claim.
Source.
1977, 595:2, eff. July 1, 1977.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:17 - Fees.

541-B:17 Fees. –
The board is authorized to establish reasonable fees not to exceed any comparable fees authorized for the superior court for the filing of claims, providing copies of the proceedings, transcripts or records or other documents which may be required by the board.
Source.
1977, 595:2, eff. July 1, 1977.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:18 - Attorneys' Fees.

541-B:18 Attorneys' Fees. –
No attorney representing a claimant shall charge or collect fees for legal services rendered to the claimant unless the fees have been approved by the board or the superior court, as the case may be. In determining the amount of allowable fees, the board or the superior court shall consider, among other things, the nature, length, and complexity of the services performed, the usual and customary charge for work of like kind, and the benefits resulting to the claimant as a result of the legal services performed.
Source.
1985, 412:13, eff. July 3, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:19 - Exceptions.

541-B:19 Exceptions. –
I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, the provisions of this chapter shall not apply to:
(a) Any claim which is based upon the exercise of a legislative or judicial function.
(b) Any claim based upon an act or omission of a state officer, employee, or official when such officer, employee, or official is exercising due care in the execution of any statute or any rule of a state agency.
(c) Any claim based upon the exercise or performance or the failure to exercise or perform a discretionary executive or planning function or duty on the part of the state or any state agency or a state officer, employee, or official acting within the scope of his office or employment.
(d) Any claim arising out of an intentional tort, including assault, battery, false imprisonment, false arrest, intentional mental distress, malicious prosecution, malicious abuse of process, libel, slander, misrepresentation, deceit, invasion of privacy, interference with advantageous relations, or interference with contractual relations, provided that the employee whose conduct gives rise to the claim reasonably believes, at the time of the acts or omissions complained of, that his conduct was lawful, and provided further that the acts complained of were within the scope of official duties of the employee for the state.
Source.
1985, 412:13, eff. July 3, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:20 - Right to Jury Trial.

541-B:20 Right to Jury Trial. –
In any action in the superior court pursuant to this chapter there shall be a right to a jury trial and the action shall be tried to a justice of the superior court in the ordinary course.
Source.
1985, 412:13, eff. July 3, 1985.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:21 - Claims Arising From the Clinical Services Provided to the Department of Health and Human Services.

541-B:21 Claims Arising From the Clinical Services Provided to the Department of Health and Human Services. –
I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity, providing clinical services in accordance with any contract entered into by the department of health and human services for the clinical operation and administration of the New Hampshire hospital pursuant to RSA 135-C:3 and RSA 135-C:4 or, at the discretion of the commissioner of the department of health and human services, any other public health or clinical services provided to the department.
II. The limitations on awards provided in RSA 541-B:14 shall not be increased by the proceeds from any insurance policy procured by a nonprofit entity, or any employee of such entity, included under RSA 541-B:21, I.
III. This section shall apply only to claims arising out of incidents occurring on or after July 1, 1988.
Source.
1988, 217:3. 1993, 358:20. 1995, 310:20. 1999, 50:2. 2003, 83:2, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:21-a - Claims Arising From the Clinical Services Provided to the Department of Corrections.

541-B:21-a Claims Arising From the Clinical Services Provided to the Department of Corrections. –
I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity, providing clinical services of psychiatrists, other medical doctors, or psychiatric/mental health nurse practitioners in accordance with any contract limited to such services entered into by the department of corrections.
II. The limitations on awards provided in RSA 541-B:14 shall not be increased by the proceeds from any insurance policy procured by a nonprofit entity, or any employee of such entity, included under RSA 541-B:21-a, I.
III. This section shall apply only to claims arising out of incidents occurring after the effective date of this section.
Source.
2000, 301:2. 2001, 72:2, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:22 - Repealed by 1995, 10:16, VIII, eff. April 12, 1995.

541-B:22 Repealed by 1995, 10:16, VIII, eff. April 12, 1995. –
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-B - Claims Against the State › Section 541-B:23 - Repealed by 2010, 368:1(52), eff. Dec. 31, 2010.

541-B:23 Repealed by 2010, 368:1(52), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-C - Tobacco Manufacturers Not Entering Master Settlement Agreement › Section 541-C:1 - Findings and Purpose.

541-C:1 Findings and Purpose. –
I. Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
II. Cigarette smoking also presents serious financial concerns for the state. Under certain health-care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.
III. Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
IV. It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.
V. On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement" with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
VI. It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
Source.
1999, 222:1, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-D - Tobacco Product Manufacturers' Failure to Comply › Section 541-D:1 - Findings and Purpose.

541-D:1 Findings and Purpose. –
The legislature finds that violations of RSA 541-C threaten the integrity of the tobacco Master Settlement Agreement. The legislature finds that enacting procedural enhancements will safeguard the Master Settlement Agreement. The provisions of this act are not intended to and shall not be interpreted to amend RSA 541-C.
Source.
2003, 152:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 541-D - Tobacco Product Manufacturers' Failure to Comply › Section 541-D:2 - Definitions.

541-D:2 Definitions. –
In this chapter:
I. "Brand family" means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s" and includes any use of a brand name (alone or in conjunction with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.
II. "Cigarette" has the same meaning as in RSA 541-C:2, IV.
III. "Commissioner" means the commissioner of revenue administration.
IV. "Non-participating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.
V. "Participating manufacturer" has the meaning given that term in Section II(jj) of the Master Settlement Agreement and all amendments thereto.
VI. "Qualified escrow fund" has the same meaning as that term is defined in RSA 541-C:2, VI.
VII. "Stamping agent" means a person that is authorized to affix tax stamps to packages or other containers or cigarettes under RSA 78 or any person that is required to pay the tobacco tax imposed pursuant to RSA 78 on cigarettes.
VIII. "Tobacco product manufacturer" has the same meaning as that term is defined in RSA 541-C:2, IX.
IX. "Units sold" has the same meaning as that term is defined in RSA 541-C:2, X.
Source.
2003, 152:1, eff. Jan. 1, 2004.