N.H. Code Admin. R. Ann. Adm — Commissioner, Department of Administrative Services www.state.nh.us/das

Chapter Adm 100 Organizational Rules

Part Adm 101 Definitions

N.H. Code Admin. R. Ann. Adm 101.01 Commissioner {#sec-adm-101.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 101.01}

"Commissioner" means the commissioner of administrative services, designated as the chief fiscal planning and control officer of the state under RSA 21-I:1.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7087, eff 8-31-99

N.H. Code Admin. R. Ann. Adm 101.02 Department {#sec-adm-101.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 101.02}

"Department" means the department of administrative services established by RSA 21-I:1.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7087, eff 8-31-99

Part Adm 102 Description of Agency

N.H. Code Admin. R. Ann. Adm 102.01 Location of the Department {#sec-adm-102.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 102.01}

The department is located at 25 Capitol Street, State House Annex, Concord, NH 03301.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7087, eff 8-31-99

N.H. Code Admin. R. Ann. Adm 102.02 Telephone Number of the Department {#sec-adm-102.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 102.02}

The department's telephone number is (603) 271-3201.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7087, eff 8-31-99

N.H. Code Admin. R. Ann. Adm 102.03 Commissioner’s Office {#sec-adm-102.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 102.03}

The commissioner's office, including the office of the assistant commissioner, is established to oversee and direct every operation and function of the department as follows:

(a) The commissioner's office shall provide administrative direction and support to the following units and divisions:

(1) The administrative management and control units established under RSA 21-I:4 and RSA 21-I:5 through 7-c; and

(2) The administrative service divisions established under RSA 21-I:8 through 12 and RSA 21-I:42.

(b) In addition, the commissioner's office shall contain the following departmental entities created by the commissioner to provide coordination of the administrative functions of the department:

(1) The department's business office under the supervision of a business administrator; and

(2) The department's policy and organizational design function under the supervision of a rules and policy administrator.

History

#7087, eff 8-31-99

N.H. Code Admin. R. Ann. Adm 102.04 Departmental Units and Divisions {#sec-adm-102.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 102.04}

The department is divided by RSA 21-I into the following units and divisions, which shall be considered as organizationally equivalent functions within the department's organizational structure:

(a) The budget office unit established by RSA 21-I:6, under the direction of the state budget officer, who also functions as the assistant commissioner of the department under RSA 21-I:3-a. The state budget officer as head of the budget office shall be specifically responsible for the duties listed in RSA 21-I:6, including the business supervision of agency budgets and expenditures which require approval by governor and council under RSA 4:15;

(b) The financial data management unit established by RSA 21-I:5, under the direction of the financial data manager, who shall be responsible for the duties listed in RSA 21-I:5, including the design and updating of the New Hampshire integrated financial system;

(c) The internal audit unit established by RSA 21-I:7, under the direction of the internal auditor, who shall be responsible for the duties listed in RSA 21-I:7;

(d) The operational analysis unit established by RSA 21-I:7-a, under the direction of the senior operations analyst, who shall be responsible for the duties listed in RSA 21-I:7-a;

(e) The unit of cost containment established by RSA 21-I: 7-b which shall be responsible for the duties listed in RSA 21-I: 7-b;

(f) The risk management unit established by RSA 21-I: 7-c which shall be responsible for the duties set forth in RSA 21-I: 7-c;

(g) The division of accounting services established by RSA 21-I:8, which is:

(1) Under the supervision of an unclassified director of accounting services, who shall be responsible for the duties listed in RSA 21-I:8; and

(2) Includes the bureaus set forth at RSA 21-I: 8, I and II.

(h) The division of procurement and support services established by RSA 21-I:11, I (a), which is:

(1) Under the direction of an unclassified director who shall be responsible for the functions set forth in RSA 21-I: 11, I (a); and

(2) Includes the internal organizational units and functions set forth at RSA 21-I: 12, I;

(i) The division of public works design and construction established by RSA 21-I: 11, I (b), which is under the supervision of a classified manager who is responsible for the functions set forth RSA 21-I: 12, III;

(j) The division of plant and property established by RSA 21-I: 11, I (c), which is:

(1) Under the supervision of a classified administrator who shall be responsible for the functions set forth in RSA 21-I: 11, I (c); and

(2) Includes the internal organizational units and functions set forth at RSA 21-I: 12, II; and

(k) The division of personnel established by RSA 21-I:42 shall:

(1) Be headed by the director of personnel; and

(2) Shall be organized into the following bureaus:

a. The bureau of employee relations, headed by a manager of employee relations, which shall be responsible to the director for the duties established by RSA 21-I:44, II;

b. The education and training bureau, headed by an education and training officer, which shall be responsible to the director for the duties established under RSA 21-I:42, XII, including but not limited to establishing workshops and training sessions for appointing authorities and answering technical questions on matters related to efficient personnel administration; and

c. A bureau of human resource administration which shall be responsible for the management and coordination of classification, certification, recruitment and examinations.

History

#7087, eff 8-31-99; amd by #8548, eff 1-25-06; amd by #8731, eff 9-27-06; amd by #10826, eff 5-16-15

Part Adm 103 Obtaining Information from the Department

N.H. Code Admin. R. Ann. Adm 103.01 Requests for Information {#sec-adm-103.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 103.01}

Consistent with RSA 91-A, information relating to the department is available for public inspection during normal working hours. Information that is available for public inspection may be copied at a cost of $.20 per page to be paid by the person requesting the information.

APPENDIX

Rule

Statute

Adm 102.04 (a)

RSA 541-A: 16, I (a); RSA 21-I: 3-a; RSA 21-I: 6

Adm 102.04 (e)

RSA 21-I: 7-b

Adm 102.04 (f)

RSA 21-I; 4, VI; RSA 21-I: 7-c (Laws 2006, Ch. 70:2, 3 and 10)

Adm 102.04 (g)

RSA 541-A: 16, I (a); RSA 21-I: 8

Adm 102.04 (g) (2) a. 3.

RSA 541-A: 7, 8

Adm 102.04 (h)

RSA 541-A: 16, I (a); RSA 21-I: 11, I (a); RSA 21-I: 12, I

Adm 102.04 (h) (2) a. 2. (ii)

RSA 21-I: 12 I (e)

Adm 102.04 (h) (2) e.

RSA 21-I: 12 V (Laws 2005, 291:7)

Adm 102.04 (h) (2) f.

RSA 21-I: 12 VI (Laws 2005, 291:7)

Adm 102.04 (i)

RSA 541-A: 16, I (a); RSA 21-I: 11, I (b); RSA 21-I:12, III

Adm 102.04 (j)

RSA 541-A: 16, I (a); RSA 21-I: 11, I (c); RSA 21-I: 12, II

History

#7087, eff 8-31-99

Chapter Adm 200 Procedural Rules

Part Adm 201 Definitions

N.H. Code Admin. R. Ann. Adm 201.01 Definitions {#sec-adm-201.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 201.01}

(a) “Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541-A: 1, I, namely “the procedure to be followed in contested cases, as set forth in RSA 541-A: 31 through RSA 541-A: 36.”

(b) “Appearance" means a written notification to the department that a party, an intervenor or the representative of a party or intervenor intends to actively participate in an adjudicative proceeding, containing the information required by Adm 207.02.

(d) "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."

(e) “Declaratory ruling" means, pursuant to RSA 541-A: 1, V, a ruling by the department as to the specific applicability of any statutory provision or of any rule or order of the department.

(f) “Department” means the department of administrative services.

(g) "Intervenor" means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A: 32.

(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, pursuant to RSA 541-A: 1, XI, the whole or part of the department's final disposition of a matter other than a rule, but not including the department'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 type.

(l) "Presiding officer" means, pursuant to RSA 541-A: 1, XIV, that individual to whom the commissioner has delegated the authority to preside over a proceeding, if any, otherwise it means the commissioner.

(m) "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.

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

(o) "Record" means, in a contested case, the materials set forth in RSA 541-A: 31, VI.

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

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

Part Adm 202 Purpose, Scope and Construction of Rules

N.H. Code Admin. R. Ann. Adm 202.01 Purpose {#sec-adm-202.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 202.01}

This chapter establishes procedural rules for the conduct of certain hearings and proceedings before the department, including certain adjudicative proceedings in contested cases and nonadjudicative proceedings such as public comment hearings, rulemaking petitions and issuance of declaratory rulings.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 202.02 Scope {#sec-adm-202.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 202.02}

(a) This chapter shall apply to matters arising before the department, with the exception that these rules shall not apply to division of personnel appeals or to matters which are to be addressed by the division of personnel pursuant to Chapters Per 100 through 1500.

(b) In matters arising pursuant to Part Adm 609, the procedures of Adm Parts 203 – 211 shall apply after the utilization of pre-adjudicative proceeding procedures specified in Part Adm 609.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 202.03 Construction of Rules {#sec-adm-202.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 202.03}

Parts Adm 203 - Adm 211 shall be construed so as to foster the just, accurate and efficient resolution of all disputes in accordance with applicable law, including but not limited to the provisions of RSA 541-A: 31 – 38.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

Part Adm 203 Conduct of Hearings by Presiding Officer; Waiver of Rules

N.H. Code Admin. R. Ann. Adm 203.01 Presiding Officer {#sec-adm-203.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 203.01}

(a) Hearings shall be conducted by a presiding officer designated by the commissioner.

(b) The presiding officer shall, as necessary:

(1) Regulate and control the course of the hearing and any related conferences;

(2) Pursuant to RSA 541-A: 31, V. (a) and RSA 541-A: 38, facilitate settlement of the dispute that is the subject of the hearing;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence and exclude irrelevant, immaterial, unduly repetitious or otherwise inadmissible evidence;

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

(6) Question anyone who testifies or presents argument to the extent required to make a full and fair record;

(7) Arrange for recording the hearing as specified in RSA 541-A: 31, VII;

(8) Schedule and structure such conferences and hearings as are necessary to advance the proceeding or resolve matters or issues related to the proceeding;

(9) Issue such lawful orders as are necessary to advance the proceeding or resolve matters or issues related to the proceeding;

(10) Evaluate evidence and make such factual findings or legal rulings as may be necessary;

(11) In accordance with RSA 541-A: 33, V, and to the extent necessary, take official notice of facts that are common knowledge;

(12) Take any other action consistent with applicable statutes, rules and case law that is necessary to conduct the hearing, advance the proceeding, resolve matters or issues related to the proceeding and complete the record in a fair and timely manner.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 203.02 Withdrawal of Presiding Officer. {#sec-adm-203.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 203.02}

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

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

(1) Has a direct interest in the outcome of the matter, 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:

a. He or she cannot fairly or accurately judge the facts of the case; or

b. His or her involvement in the matter would, under all of the circumstances, create an impression of bias.

(c) Mere knowledge of the issues involved in the matter, acquaintance with any party, intervenor, witness or representative, or employment by the department shall not constitute good cause for withdrawal.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 203.03 Waiver or Suspension of Rules by Presiding Officer {#sec-adm-203.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 203.03}

The presiding officer, upon the motion of any party or intervenor, or on his or her own initiative, shall 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 in accordance with the law than would adherence to the particular requirement or procedure.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

Part Adm 204 Time Periods

N.H. Code Admin. R. Ann. Adm 204.01 Computation of Time {#sec-adm-204.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 204.01}

(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) Unless otherwise specified in these rules or by other applicable law relating to the period in which an action must be performed, 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.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

Part Adm 205 Filing, Format and Delivery of Documents

N.H. Code Admin. R. Ann. Adm 205.01 Date of Issuance or Filing {#sec-adm-205.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 205.01}

(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 department on the date of receipt, if evidenced by a date placed on the document by the presiding officer or staff of the department in the normal course of business.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 205.02 Format of Documents {#sec-adm-205.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 205.02}

(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 Adm 205.03.

(b) The signature of a party or intervenor or the representative of the party or the intervenor on a document filed 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.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 205.03 Delivery of Documents {#sec-adm-205.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 205.03}

(a) Unless otherwise specified by order of the presiding officer:

(1) Copies of all motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to the presiding officer and to all other parties and intervenors, or their representatives, if any, unless disclosure of the material at issue, or a portion thereof, or disclosure to a particular recipient, would be prohibited by law; and

(2) All notices, orders, decisions or other documents issued by the presiding officer shall be delivered to all parties and intervenors, or their representatives, if any, unless the disclosure of the material at issue, or a portion thereof, would be prohibited by law.

(b) Where delivery of only a portion of an item noted in paragraph (a) above would be prohibited by law, the material shall be redacted accordingly.

(c) Delivery of documents relating to a proceeding shall be made either in hand 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 department;

(3) The return address of the sender; and

(4) Sufficient, prepaid first class postage.

(d) In lieu of or in addition to the form of delivery noted in paragraph (c) above, delivery of documents relating to a proceeding may be accomplished by certified or registered mail bearing the name and last known address of the person intended to receive the document.

(e) Documents deposited into the United States first class mail as specified in paragraph (c) above and not returned to the sender shall be rebuttably presumed to have been received.

(f) When a party or intervenor appears through a representative, delivery of a document to the party's or the intervenor’s representative, either in hand or by delivery to the address stated on the appearance filed by the representative, utilizing one or more of the methods of delivery described above, shall constitute delivery to the party or intervenor.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

Part Adm 206 Motions and Objections

N.H. Code Admin. R. Ann. Adm 206.01 Motions; Objections to Motions; Ruling on Motions {#sec-adm-206.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 206.01}

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or based on information that 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 finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the proponent to submit the motion in writing and provide supporting information.

(c) Unless otherwise ordered by the presiding officer, objections to written motions shall be filed within 10 days of the date of the motion, or in the case of motions for rehearing under Adm 211.08, within 5 days of the date of the motion.

(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) When the presiding officer concludes that it is necessary to obtain additional information or to clarify an issue relating to the motion, he or she shall hold a hearing on the motion.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

Part Adm 207 Commencement of Adjudicative Proceedings; Appearances; Pre-Hearing and Other Conferences; Recording the Hearing; Conduct of Parties, Intervenors and Representatives; Ex Parte Communications

N.H. Code Admin. R. Ann. Adm 207.01 Commencement of Adjudicative Proceedings {#sec-adm-207.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 207.01}

(a) Petitions to commence an adjudicative proceeding shall:

(1) Be in legible written form;

(2) Be addressed to the commissioner;

(3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301;

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

(5) Cite the particular statutes, rules or other authority in question;

(6) Explain the nature of the grievance and why an adjudicative proceeding is necessary;

(7) Describe the relief which the petitioner is seeking; and

(8) Be signed and dated by the petitioner.

(b) Petitions shall be handled in accordance with RSA 541-A: 29.

(c) An adjudicative proceeding shall be commenced by an order of the presiding officer giving the parties the notice specified in (d) below.

(d) The notice of hearing shall contain:

(1) The title and docket number of the matter;

(2) The names and addresses of the parties;

(3) A statement of the nature of the hearing;

(4) The date, time and place of the hearing;

(5) The final date for the mandatory pre-hearing disclosure of witnesses and exhibits pursuant to Adm 210.03, which date shall be no less than 5 days before the hearing;

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

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

(8) A statement of how the rules which will apply to the conduct of the hearing may be obtained;

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

(10) A statement that all parties and intervenors, or their representatives, shall file an appearance pursuant to Adm 207.02;

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

(12) The name of the presiding officer, if known;

(13) The date, time and location of any prehearing conference, if known; and

(14) Any additional information required by RSA 541-A: 31, III.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 207.02 Appearances {#sec-adm-207.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 207.02}

(a) An appearance shall be filed by:

(1) Each party or by the party's representative, including the person who will appear on behalf of the department or its subunit; and

(2) Each intervenor or the intervenor's representative, if any.

(b) The appearance shall contain the following information:

(1) A brief identification of the case, including the title and docket number, if any;

(2) The name of the person filing the appearance;

(3) Whether the person filing the appearance is a New Hampshire attorney;

(4) The daytime address and telephone number of the person filing the appearance; and

(5) If applicable, the name, daytime address and telephone number of the party or intervenor represented by the person filing the appearance.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 207.03 Prehearing and Other Conferences {#sec-adm-207.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 207.03}

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

(b) A prehearing or other conference shall address 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 that would advance the efficiency of, or aid in the disposition of, the proceedings.

(c) Pursuant to RSA 541-A: 31, V. (d), following a prehearing conference the presiding officer shall issue a prehearing order addressing matters determined at the conference.

(d) The presiding officer shall cause prehearing or other conferences to be recorded verbatim and a party may request a copy of the recording provided that he or she pays the actual cost of such transcription.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 207.04 Recording the Hearing {#sec-adm-207.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 207.04}

(a) Unless another procedure is required by law, the presiding officer shall record the hearing electronically or by any other method that will provide a verbatim record.

(b) If any person requests a transcript of the recording of a hearing, the department shall:

(1) Cause a transcript to be prepared, provided that, in accordance with RSA 541-A: 31, VII, the person making the request pays or agrees to pay all reasonable costs for the making of the transcription; and

(2) Following receipt of payment for the cost of making the transcription, provide a copy of the transcript to the person making the request.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 207.05 Conduct of Parties, Intervenors and Representatives {#sec-adm-207.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 207.05}

(a) Parties, intervenors and representatives of parties or intervenors shall treat the process and all other participants, including the presiding officer, witnesses, parties, intervenors and representatives, with respect and fairness.

(b) Parties, intervenors and representatives shall not:

(1) Make a claim or assertion unless there is admissible evidence to support that claim or assertion;

(2) Knowingly dispute a claim or assertion of another person unless there is a reason to do so that is supported by admissible evidence or argument;

(3) Personally, or through another person, make a false or misleading statement of material fact or law;

(4) Personally, or through another, knowingly conceal, destroy or preclude or delay access to evidence which is relevant to the proceeding;

(5) Knowingly attempt to introduce evidence which is not relevant to, or admissible in, the proceeding;

(6) Assert personal knowledge of facts at issue unless appearing as a witness;

(7) Offer opinion as to matters at issue except in opening or closing statements, when testifying as an expert witness or as otherwise allowed by the presiding officer in the particular case;

(8) Attempt to influence the presiding officer on an ex parte basis;

(9) Engage in disruptive behavior during the course of a proceeding, including but not limited to:

a. Making frivolous claims or motions;

b. Using tactics that have no purpose other than to embarrass, burden or offend any participant;

c. Speaking when another person who has been recognized by the chair is attempting to speak;

d. Speaking or acting in a manner that is abusive to other persons; or

e. Attempting to delay the proceedings solely for the sake of delay; or

(10) Directly contacting, outside of the presence of the representative, a party or intervenor who is known at that time to be represented in the proceeding, unless the contact has been agreed to by the representative.

(c) Persons representing parties or intervenors in adjudicative proceedings who are not members of the New Hampshire Bar shall not, pursuant to RSA 311:7, commonly practice in such proceedings and, accordingly shall not act as a representative for another in more than 3 proceedings in any 2 year period.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 207.06 Ex Parte Communications {#sec-adm-207.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 207.06}

Parties, intervenors and representatives shall not engage in ex parte communications prohibited by RSA 541-A: 36.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 207.07 Oaths and Affirmations {#sec-adm-207.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 207.07}

Pursuant to RSA 541-A: 33, I, the presiding officer shall administer an oath or affirmation to all persons who wish to present testimony.

History

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91
#7102, eff 9-23-99; ss by #8908, eff 9-22-07

Part Adm 208 Intervention; Role of Agency Staff

N.H. Code Admin. R. Ann. Adm 208.01 Intervention Procedure. {#sec-adm-208.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 208.01}

(a) Petitions for intervention shall:

(1) Describe in writing the petitioner's interest in the subject matter of the proceedings;

(2) Be submitted to the presiding officer; and

(3) Be delivered in copy to all parties and intervenors identified in the notice commencing the hearing.

(b) In accordance with RSA 541-A: 32, a petition for intervention shall be granted by the presiding officer if the petitioner complied with paragraph (a) above at least 3 days before the hearing and the presiding officer determines that:

(1) The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceedings or the petitioner qualifies as an intervenor under law; and

(2) The intervention sought would not impair the interests of justice and the orderly and prompt conduct of the proceedings.

(1) The petitioner complied with (a) above; and

(2) The presiding officer determines that the intervention sought would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.

History

#7720, eff 6-27-02; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 208.02 Effect of Intervention and Rights of an Intervenor {#sec-adm-208.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 208.02}

(a) Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted.

(b) Notwithstanding the provisions of this chapter, an intervenor’s right to participate in an adjudicative proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A: 32, III.

(c) An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated based solely upon the fact that an intervention has occurred.

History

#7720, eff 6-27-02; ss by #8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 208.03 Role of Agency Staff and Complainants {#sec-adm-208.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 208.03}

(a) Personnel identified as the agency’s representative in the proceeding shall be responsible for presenting the agency’s case, whether or not he or she appears as a witness.

(b) If not identified as the agency’s representative in the proceeding, agency staff shall have no role in the hearing unless:

(1) Designated as the presiding officer;

(2) Assigned to render clerical or administrative support in connection with the proceeding; or

(3) Called as a witness.

(c) Unless called as a witness, granted intervenor status or a party to a dispute, a complainant shall have no role in a disciplinary or enforcement proceeding.

History

#8908, eff 9-22-07

Part Adm 209 Continuances and Failure to Attend Hearing

N.H. Code Admin. R. Ann. Adm 209.01 Continuances {#sec-adm-209.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 209.01}

(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 determines that a delay or continuance would likely assist in resolving the case fairly, such as by allowing for the presence of a necessary party or witness who was unavoidably unavailable, and would not be contrary to law.

(c) If the later date, time and place to which the hearing will be delayed or continued are known at the time of ruling on a motion, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 209.02 Failure of a Party to Attend or Participate in the Hearing {#sec-adm-209.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 209.02}

(a) A party shall be in default if the party:

(1) Has the burden of proof on the issue or issues involved in the hearing;

(2) Has been given notice of the hearing; and

(3) Fails to attend the hearing.

(b) If a party is in default under (a) above and does not file a request that the default be stricken within 10 days of the date of the notice of default, the case shall be dismissed.

(1) Is dated;

(2) States that the party is in default and why;

(3) States that the matter will be dismissed unless:

a. The party submits a motion to strike the default within 10 days of the date of the order of default; and

b. The presiding officer determines that the motion should be granted.

(d) The presiding officer shall strike a default that has been entered under (a) above if:

(1) The party in default moves that the default be stricken within 10 days of the date of the order of default;

(2) The presiding officer concludes that the failure to appear was due to sudden accident, death of a family member or similar circumstance that was:

a. Beyond the control of the party; and

b. Of such a nature as to have prevented the party from appearing.

(e) Notwithstanding paragraph (d) above:

(1) A default shall not be stricken if the motion to strike is based upon the same facts and reasons previously expressed in a motion to continue the hearing which was denied; and

(2) The 10 day period for the filing of a motion to strike may be extended if the presiding officer concludes that circumstances beyond the control of the applicant prevented filing within the requisite time.

(f) If a party who does not have the overall burden of proof fails to attend the hearing after having been given notice thereof, the testimony and evidence of any other parties or intervenors shall be received and evaluated.

(g) If a party who has the burden of proof attends the hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party.

History

#8908, eff 9-22-07

Part Adm 210 Requests for Information and Documents

N.H. Code Admin. R. Ann. Adm 210.01 Voluntary Production of Information {#sec-adm-210.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 210.01}

(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 under Adm 210.02 to compel the production of the requested information or documents.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 210.02 Motions to Compel Production of Information and Documents {#sec-adm-210.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 210.02}

(a) Any party or intervenor may make a motion seeking an order for 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 to compel shall:

(1) Set forth in detail those facts which justify the request for information or documents; and

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

(c) Objections to motions to compel shall be filed within 10 days of the delivery of the motion, or as soon as possible prior to the hearing if the motion was received less than 10 days before the hearing.

(d) The presiding officer shall grant the motion to compel if its proponent has demonstrated that:

(1) An order for compliance is necessary for a full and fair presentation of evidence at the hearing; and

(2) The disclosure is not otherwise prohibited by law or by rules of privilege recognized in the state of New Hampshire.

(e) The presiding officer shall take such action in regard to a failure to comply with an order for compliance as he or she may take for a failure to make mandatory disclosures under Adm 210.03 (e).

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 210.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits {#sec-adm-210.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 210.03}

(a) At least 5 days before the hearing, the parties and intervenors, or their representatives, shall provide to the other parties and intervenors or their representatives:

(1) A list of all witnesses to be called at the hearing, containing the names of the witnesses, their addresses and their telephone numbers;

(2) Brief summaries of the testimony of the witnesses to be called;

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

(4) A copy of each document to be offered as evidence at the hearing, except to the extent that disclosure of some or all of a document would be prohibited by law, in which case such document may be withheld or redacted as required; and

(5) An offer to allow the inspection of non-documentary exhibits to be offered as evidence at the hearing either:

a. At a time and in a place that is convenient to the parties and intervernors; or

b. At a place that is convenient to the place of the hearing, at a convenient time prior to the hearing.

(b) At least 5 days before the hearing, the parties and intervenors shall provide to the presiding officer the items listed in subparagraphs (a) (1), (2) and (3) above.

(c) To the extent known to exist prior to the time of a hearing, disputes regarding mandatory disclosures shall be presented to the presiding officer in advance of the hearing.

(d) A party or intervenor shall not be required to call a witness, or to submit a document or exhibit, simply because that document or witness was listed on his or her mandatory disclosure, but such witnesses and documents shall be available for utilization by other parties, intervenors and the presiding officer at the time of the hearing.

(e) The presiding officer shall take such action in regard to a failure to comply with mandatory disclosure requirements as he or she concludes is required for the just, accurate and efficient resolution of the case, such as:

(1) Exclusion of some or all of the testimony, document or exhibit from evidence;

(2) Admission of some or all of the testimony, document or exhibit into evidence;

(3) Admission of the testimony, document or exhibit into evidence with limitations;

(4) Allowance of another party or intervenor to submit testimony, documents or exhibits not contained or described in his or her prehearing disclosures;

(5) Allowance of a party or intervenor to recall a witness;

(6) Postponement or delay of the hearing; or

(7) Any other action not prohibited by law that would advance the just, accurate and efficient resolution of the matter.

History

#8908, eff 9-22-07

Part Adm 211 Hearing Procedure

N.H. Code Admin. R. Ann. Adm 211.01 Standard and Burden of Proof {#sec-adm-211.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.01}

A party or intervenor claiming that an action or inaction of the agency is invalid, improper or contrary to law shall bear the burden of proving that proposition by a preponderance of the evidence, unless another standard or burden is imposed by law.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.02 Order of Testimony; Cross-Examination {#sec-adm-211.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.02}

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

(b) 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.

(c) The testimony of intervenors and such witnesses as intervenors may be allowed to call shall be offered at the time directed by the presiding officer.

(d) Each party may cross-examine any witnesses offered against that party.

(e) The presiding officer shall call witnesses not called by the parties if their testimony is required for a full and fair adjudication of the issues.

(f) Pursuant to RSA 541-A: 32, III, the right of an intervenor to cross-examine witnesses and to use the other procedures of participation accorded to parties shall be determined by the presiding officer.

(g) The presiding officer shall allow such redirect examination, recross examination, opening and closing argument or summation as he or she concludes will advance the just, accurate and efficient resolution of the case.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.03 Evidence {#sec-adm-211.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.03}

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

(b) Rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the presiding officer.

(c) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious, legally privileged, or subject to exclusion under Adm Part 210.

(d) 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.

(e) Transcripts of testimony as well as documents, materials and objects admitted into evidence shall be public records unless all or part is exempt from disclosure under RSA 91-A or other applicable statutory or case law.

(f) Parties and intervenors submitting testimony, documents, materials and objects which they believe to be exempt from disclosure under RSA 91-A: 5 or other applicable statutory or case law shall so advise the presiding officer.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.04 Proposed Findings of Fact and Rulings of Law {#sec-adm-211.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.04}

(a) Any party or intervenor may submit proposed findings of fact and rulings of law.

(b) Each proposed finding of fact and ruling of law shall be numbered.

(c) The presiding officer shall require the submission of proposed findings of fact and rulings of law, and specify a deadline after the close of the hearing for their submission, when:

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

(2) The presiding officer determines that proposed findings of fact and rulings of law would serve to clarify the issues involved in the hearing.

(c) In any case where a party or intervenor submits proposed findings of fact and rulings of law, the presiding officer shall include in the presiding officer's decision rulings on the proposals submitted.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.05 Closing the Record {#sec-adm-211.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.05}

After the conclusion of the hearing and the filing of such post-hearing submissions as may be ordered by the presiding officer, the record shall be closed and no additional evidence shall be received into the record except as allowed by Adm 211.06.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.06 Reopening the Record {#sec-adm-211.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.06}

(a) If no decision pursuant to Adm 211.07 (a) has yet been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence or claims of law.

(b) A motion pursuant to (a) above shall be granted if:

(1) There is no objection from any other party or intervenor;

(2) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently, and without fault on the part of the person making the claim, omitted; and

(3) The presiding officer determines that the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

(c) If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of whether the record should be reopened.

(d) The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the presiding officer determines that:

(1) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently, and without fault on the part of the person making the claim, omitted;

(2) The evidence or claim of law is relevant, material and non-duplicative; and

(3) The inclusion of the material in the record is necessary to a full and fair consideration of the issues to be decided.

(e) If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.07 Disposition {#sec-adm-211.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.07}

(a) No later than 60 days after the record has been closed, the presiding officer shall:

(1) Issue a dated, written decision in accordance with paragraph (b) below;

(2) Provide, by means of U.S. first class mail, certified mail, registered mail or personal delivery, a copy of the decision to:

a. The parties;

b. Intervenors; and

c. The commissioner, if the commissioner was not the presiding officer;

(3) If the commissioner was not the presiding officer, on the date of the decision, provide, forward or make available to the commissioner the materials constituting the record, as described in RSA 541-A: 31, VI.

(b) The presiding officer’s decision shall:

(1) Be in writing;

(2) Be dated;

(3) Set forth the reason or reasons for the determination; and

(4) Contain, in narrative or individually numbered form, such findings of fact and rulings of law as are necessary to the determination.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.08 Requests for Rehearing {#sec-adm-211.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.08}

(a) No later than 30 days from the date appearing on the decision, a party may file with the commissioner a request for rehearing.

(b) Requests for rehearing shall:

(1) Be in a written motion addressed to the commissioner;

(2) Be delivered to the following persons by either U.S. first class mail, certified mail, registered mail or personal delivery:

a. The commissioner;

b. Other parties;

c. Intervenors; and

d. If the presiding officer was not the commissioner, the presiding officer;

(3) Specify all grounds upon which it is claimed that the decision is unlawful or unreasonable; and

(4) Identify the issues to be addressed upon rehearing.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.09 Commissioner’s Review {#sec-adm-211.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.09}

(a) If a request for rehearing is filed within 30 days of the date of the presiding officer’s decision, the commissioner shall, within 10 days of the receipt of the request, grant rehearing, as further specified in paragraphs (c) through (e) below, if it appears from the record that:

(1) The decision was unlawful or unreasonable; and

(2) Receipt of additional information, argument or analysis is necessary to reach a decision that is lawful and reasonable.

(b) Whether or not a request for rehearing is filed within 30 days of the date of the presiding officer’s decision, the commissioner shall, within 40 days of the date of the decision either:

(1) Reverse, modify or amend the decision without rehearing if he or she concludes that the record establishes that:

a. The presiding officer incorrectly assessed the evidence, misapplied the relevant law, or otherwise issued a decision that was unlawful or unreasonable; and

b. Reversal, modification or amendment of the decision in a specific manner without receiving additional information or argument would correct the error;

(2) Order rehearing before the commissioner if he or she concludes:

a. That either:

Additional information, argument or analysis is necessary to reach a lawful and reasonable determination of the matter; or
The record fails to provide a reasonable basis for evaluating the evidence; and

b. The information, argument or analysis required would most efficiently be obtained by rehearing before the commissioner;

(3) Order rehearing before a presiding officer other than the commissioner, if the commissioner concludes:

a. That either:

Additional information, argument or analysis is necessary to reach a lawful and reasonable determination of the matter; or
The record fails to provide a reasonable basis for evaluating the evidence; and

b. The information, argument or analysis required would most efficiently be obtained by rehearing before a presiding officer other than the commissioner; or

(4) Affirm the decision.

(1) Held before the commissioner him or herself if the commissioner concludes that the information, argument or analysis required would most efficiently be obtained by rehearing before the commissioner; or

(2) Held before a presiding officer other than the commissioner if the commissioner concludes that the information, argument or analysis required would most efficiently be obtained by rehearing before a presiding officer other than the commissioner.

(d) If a rehearing is granted by the commissioner, the commissioner shall state in the order granting rehearing whether the rehearing will be held before the commissioner or before another presiding officer.

(e) The commissioner shall provide a copy of his or her decisions on requests for rehearings, decisions affirming, reversing, modifying or amending a decision, or ordering rehearing, to the parties, intervenors and the presiding officer by either U.S. first class mail, certified mail, registered mail or personal delivery.

(f) If no request for rehearing has been filed within 30 days of the date of the presiding officer’s decision and no further action has been taken by the commissioner within 40 days of the date of the that decision, the decision shall be deemed affirmed by the commissioner and shall constitute the final determination of the department.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 211.10 Retention of Decisions {#sec-adm-211.10 omnilex-key=us-nh-regs-official--agency-adm--Adm 211.10}

The department shall keep all final decisions in its records for at least 5 years following the dates of issuance, 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.

History

#8908, eff 9-22-07

Part Adm 212 Rulemaking

N.H. Code Admin. R. Ann. Adm 212.01 Petitions for Rulemaking {#sec-adm-212.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 212.01}

(a) Pursuant to RSA 541-A:4, any person may petition the commissioner to adopt, amend, or repeal a rule.

(b) The petition shall:

(1) Be in legible written form;

(2) Be addressed to the commissioner;

(3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301;

(4) Be signed and dated by the petitioner; and

(5) State at a minimum:

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

b. The purpose of the petition, whether the adoption, amendment or repeal of a rule;

c. If amendment or repeal of a rule is sought, the specific section numbers and the precise text of the existing rule or rules that the petitioner seeks to amend or delete;

d. If amendment or adoption of a rule is sought, the specific section number or numbers at issue, or the new section number or numbers proposed, and the precise new language proposed;

e. Reference to the statutory provision that authorizes or supports the rulemaking;

f. The reason or reasons that the petitioner believes that the amendment or repeal should be made or the proposed text adopted;

(c) Within 15 days of the receipt of a request for rulemaking, the commissioner shall notify the petitioner if the petition is incomplete or if additional information is required in order to reach a determination on the petition.

(d) If, within 15 days of the issuance of a notification under (c) above, the petitioner does not submit a completed petition or the information, if any, requested, the commissioner shall deny the petition.

(e) The commissioner shall respond to a completed petition within 30 days by either denying the petition in writing and stating the reasons for the denial or by initiating a rulemaking proceeding under RSA 541-A: 4.

(f) In accordance with the commissioner’s duties and authority under RSA 21-I: 13, I; RSA 21-G: 9, II (b); RSA 541-A: 16, I (c) and RSA 21-G: 9, II (e), the petition shall be denied unless the commissioner concludes that:

(1) It is within the department’s authority to take the action requested;

(2) The requested action is consistent with statutory and case law affecting the department; and

(3) The requested action would best implement the laws affecting the department or be desirable in order to fulfill the functions of the department in accordance with the law.

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

History

#8908, eff 9-22-07

Part Adm 213 Public Comment Hearings

N.H. Code Admin. R. Ann. Adm 213.01 Purpose {#sec-adm-213.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 213.01}

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

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 213.02 Public Access and Participation {#sec-adm-213.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 213.02}

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Adm 213.03.

(b) People who wish to testify shall be asked to write on the speaker's list:

(1) Their full names and addresses; and

(2) The names and addresses of organizations, entities or other persons whom they represent, if any.

(1) Be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing; and

(2) Be signed by the person who submits them.

(d) Pursuant to RSA 541-A: 11, I, copies of proposed rules shall be available to the public under RSA 91-A and at least 5 days prior to the hearing.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 213.03 Limitations on Public and Media Participation {#sec-adm-213.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 213.03}

(a) The commissioner or the person designated by the commissioner to preside over a hearing shall:

(1) Refuse to recognize for speaking or revoke the recognition of any person who:

a. Speaks or acts in an abusive or disruptive manner;

b. Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

c. Restates more than once what he or she has already stated; and

(2) 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;

(b) Public comment hearings shall be open to print and electronic media and all other persons, subject to the following limitations, when such limitations are necessary to allow a hearing to go forward in an orderly manner:

(1) Limitation of the number of persons, including media representatives, when the combined number of persons exceeds the capacity of the hearing room;

(2) Limitation on the placement of cameras or other items to specific locations within or adjacent to the hearing room;

(3) Prohibition of interviews or presentations conducted within the hearing room before or during the hearing, or of interviews or presentations audible within the hearing room during the hearing;

(4) Prohibition of behavior that interferes with or disrupts the proceedings; or

(5) Removal of persons who interfere with or disrupt the proceedings from the hearing room or adjacent areas.

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 213.04 Conduct of Public Comment Hearings {#sec-adm-213.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 213.04}

(a) Public comment hearings shall be presided over by the commissioner or a person designated by the commissioner in accordance with RSA 541-A: 11, II.

(b) The person presiding over a hearing shall:

(1) Call the hearing to order;

(2) Identify the proposed rules that are the subject matter of the hearing and, pursuant to RSA 541-A: 11, VI, provide copies of them upon request;

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

(4) Recognize those who wish to be heard;

(5) If necessary, establish limits and prohibitions pursuant to Adm 213.03;

(6) 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 that is personally abusive or otherwise disrupts the hearing;

(7) If necessary, postpone or move the hearing;

(8) Adjourn or continue the hearing; and

(9) Take such other action consistent with applicable law that is necessary to conduct and advance the hearing in an orderly fashion intended to allow for the full consideration of public comment.

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

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

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

(d) A 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) A 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 and it is not possible to move the hearing to another location.

History

#8908, eff 9-22-07

Part Adm 214 Declaratory Rulings

N.H. Code Admin. R. Ann. Adm 214.01 Requests for Declaratory Ruling {#sec-adm-214.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 214.01}

(a) Any person may petition the commissioner in writing for a declaratory ruling concerning the applicability of a rule or statute involving the department, other than rules or statutes implemented by the division of personnel, to a specific set of circumstances.

(b) The petition shall:

(1) Be in legible written form;

(2) Be addressed to the commissioner;

(3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301;

(5) Cite the particular rule or statute in question;

(6) Explain why the language of the rule or statute makes its applicability unclear to the circumstances of the petitioner's case; and

(7) Be signed and dated by the petitioner.

(c) Within 60 days of the receipt of the petition, the commissioner shall notify the petitioner if the petition is incomplete or if additional information is required in order to reach a determination on the petition.

(d) When a conforming petition has been received, the commissioner shall respond within 120 days to a petition for a declaratory ruling by stating whether or not the rule or statute at issue applies to the specific set of circumstances presented.

(e) Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II (b).

History

#8908, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 214.02 Effect of Declaratory Rulings {#sec-adm-214.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 214.02}

A declaratory ruling shall apply only to the person requesting it and shall be confined to the facts presented pursuant to Adm 214.01.

History

#8908, eff 9-22-07

Part Adm 215 Explanation of Adopted Rules

N.H. Code Admin. R. Ann. Adm 215.01 Requests for Explanation of Adopted Rules {#sec-adm-215.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 215.01}

Pursuant to RSA 541-A: 11, VII, any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the commissioner including:

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

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

History

#8909, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 215.02 Contents of Explanation {#sec-adm-215.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 215.02}

The commissioner shall, within 90 days of receiving a request in accordance with Adm 215.01, 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

History

#8909, eff 9-22-07

Part Adm 216 Petitions for Waiver or Suspension of Rules

N.H. Code Admin. R. Ann. Adm 216.01 Petitions {#sec-adm-216.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 216.01}

A person affected by a rule of the commissioner may request that the commissioner waive or suspend the rule by filing a written request for waiver or suspension containing, at a minimum:

(a) The name, address and telephone number of the person making the request and, if the person is representing another person, the name and address of the person represented;

(b) An identification of the specific rule or rules for which waiver or suspension is sought;

(d) The reason or reasons that suspension or waiver is sought, together with such facts as will enable the commissioner to ascertain how the waiver or suspension would impact upon the person making the request or third parties.

History

#8909, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 216.02 Notification to Third Parties {#sec-adm-216.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 216.02}

If the commissioner concludes upon examination of the petition that the proposed waiver or suspension would likely affect persons other than the petitioner, the commissioner shall require that the petitioner provide notice to those persons and afford those persons the opportunity to request a hearing on the petition.

History

#8909, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 216.03 Standard {#sec-adm-216.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 216.03}

The commissioner shall grant a petition for waiver or suspension of a rule if the commissioner concludes:

(a) That the petitioner has established:

(1) That he or she would suffer a hardship by application of the rule;

(2) Waiver or suspension would not conflict with statutes and case law relative to programs administered by the department, or with the purposes of RSA 21-I;

(3) Waiver or suspension would not impose a hardship on a third party; and

(4) Waiver or suspension is necessary due to factors outside the control of the petitioner; or

(b) That the petitioner has established that waiver or suspension is necessary to comply with applicable statutory or case law, or to achieve the purposes of RSA 21-I.

History

#8909, eff 9-22-07

N.H. Code Admin. R. Ann. Adm 216.04 Action on Petitions {#sec-adm-216.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 216.04}

The commissioner shall act upon petitions under this part in accordance with the provisions of RSA 541-A: 29.

History

#8909, eff 9-22-07

Part Adm 217 Settlements

N.H. Code Admin. R. Ann. Adm 217.01 Settlements {#sec-adm-217.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 217.01}

(a) Any party to an adjudicative proceeding shall have the opportunity to attempt to reach a resolution of the dispute with the department by agreement.

(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.

(d) The party initiating the hearing or his or her representative shall advise the presiding officer of the existence of the settlement immediately upon resolution.

(e) After being informed of a settlement, the presiding officer shall issue such orders as are necessary to document the resolution of the case.

APPENDIX

RULE

STATUTE IMPLEMENTED

Adm 201.01

RSA 541-A: 7

Adm 202.01 – 202.02

RSA 541-A: 7

Adm 202.03

RSA 541-A: 16, I (b); RSA 541-A: 31 - 38

Adm 203.01

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I; RSA 541-A: 31;

RSA 541-A: 33; RSA 541-A: 38

Adm 203.02

RSA 541-A: 30-a, III (k)

Adm 203.03

RSA 541-A: 30-a, III (j)

Adm 204.01

RSA 541-A: 30-a, III (f); RSA 541-A: 16, IV

Adm 205.01

RSA 541-A: 16, I. (b); RSA 541-A: 30-a, III (a);

RSA 541-A: 30-a, III (f)

Adm 205.02

RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (a)

Adm 205.03

RSA 541-A: 30-a, III (a); RSA 541-A: 35

Adm 206.01

RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (a);

RSA 541-A: 31, IV, VI (b), VII; RSA 541-A: 33, II.

Adm 207.01

RSA 541-A: 16, I. (b); RSA 541-A: 29; RSA 541-A: 30-a, I;

RSA 541-A: 31, I, III

Adm 207.02

RSA 541-A: 30-a, III. (b)

Adm 207.03

RSA 541-A: 16, I (b); RSA 541-A: 31, V (b), (c), (d)

Adm 207.04

RSA 541-A: 31, VI. (g), VII;

Adm 207.05

RSA 541-A: 16, I. (b); RSA 541-A: 30-a, I; RSA 311: 7

Adm 207.06

RSA 541-A: 36

Adm 207.07

RSA 541-A: 33, I

Adm 208.01 – Adm 208.02

RSA 541-A: 16, I. (b); RSA 541-A: 30-a, III (a); RSA 541-A: 32

Adm 208.03

RSA 541-A: 30-a, III (g)

Adm 209.01

RSA 541-A: 30-a, III. (h)

Adm 209.02

RSA 541-A: 16, I. (b); RSA 541-A: 30-a, I;

RSA 541-A: 30-a, III. (d)

Adm 210.01 – Adm 210.03

RSA 541-A: 16, I (b); RSA 541-A: 30-a, III (c)

Adm 211.01

RSA 541-A: 30-a, III (d), (e)

Adm 211.02

RSA 541-A: 16, I (b) (2); RSA 541-A: 30-a, I;

RSA 541-A: 32, III; RSA 541-A: 33, IV

Adm 211.03

RSA 541-A: 16, I (b) (2); RSA 541-A: 30-a, I; RSA 541-A: 33

Adm 211.04

RSA 541-A: 16, I. (b); RSA 541-A: 30-a, I; RSA 541-A: 31, VI (e); RSA 541-A: 35

Adm 211.05

RSA 541-A: 16, I. (b); RSA 541-A: 30-a, I.

Adm 211.06

RSA 541-A: (i)

Adm 211.07

RSA 541-A: 30-a, III (a); RSA 541-A: 31, VI; RSA 541-A: 35

Adm 211.08

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I, III (a);

RSA 541-A: 31, IV

Adm 211.09

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I, III (i); RSA 541: 3 – 6

Adm 211.10

RSA 541-A: 30-a, III (l)

Adm 212.01

RSA 541-A: 4; RSA 541-A: 16, I (c); RSA 21-I: 13, I;

RSA 21-G: 9, II (b), (e)

Adm 213.01 – Adm 213.04

RSA 541-A: 11; RSA 541-A: 16, I. (b) (3)

Adm 214.01 – Adm 214.02

RSA 541-A: 16, I (d); RSA 541-A: 16, II (b); RSA 541-A: 29

Adm 215.01 – Adm 215.02

RSA 541-A: 11, VII

Adm 216.01

RSA 541-A: 22, IV; RSA 541-A: 29; RSA 21-I;

Adm 217.01

RSA 541-A: 16, I (b); RSA 541-A: 30-a, I;

RSA 541-A: 31, V (a); RSA 541-A: 38

History

#8909, eff 9-22-07

Chapter Adm 600 Division of Procurement and Support Services Rules

Part Adm 604 Bidding Requirements

N.H. Code Admin. R. Ann. Adm 604.05 Disqualifications—Nonconformities Subject to Correction and Cure {#sec-adm-604.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.05}

N.H. Code Admin. R. Ann. Adm 604.11 Claims of Confidentiality {#sec-adm-604.11 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.11}

Document #13708 repealed or deleted the following rules in the Parts indicated:

N.H. Code Admin. R. Ann. Adm 604.09 Request for Quotation Form {#sec-adm-604.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.09}

Part Adm 607 Purchasing Requirements for State Agencies

N.H. Code Admin. R. Ann. Adm 607.09 Requisitions for Used Items. {#sec-adm-607.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.09}

N.H. Code Admin. R. Ann. Adm 607.10 Purchases Involving Federal Funding. {#sec-adm-607.10 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.10}

N.H. Code Admin. R. Ann. Adm 607.11 Waivers of Purchasing Requirements to Prevent Loss of Federal or {#sec-adm-607.11 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.11}

Other Funds.

Part Adm 608 Agency Requirements for Plant and Property

N.H. Code Admin. R. Ann. Adm 608.03 Service Contracts {#sec-adm-608.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 608.03}

Part Adm 609 Disputed Matters

N.H. Code Admin. R. Ann. Adm 609.02 Informal Resolution {#sec-adm-609.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 609.02}

Part Adm 601 General Provisions

N.H. Code Admin. R. Ann. Adm 601.01 Scope of Rules {#sec-adm-601.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 601.01}

(a) Unless otherwise specified, Adm 604 through Adm 609 shall apply only to purchases made through the department of administrative services’ division of procurement and support services, or by the department’s division of procurement and support services, or to the other activities conducted by or handled through the division which are the subject of these rules.

(b) Adm 603 shall apply to a vendor, as described in Adm 602.

(c) Except as otherwise provided, Adm 604 through Adm 609 of these rules shall not impose obligations or duties upon any agency or purchase which is exempt from the provisions of RSA 21-I under RSA 21-I:18 or any other authority.

(d) Except as otherwise provided, Adm 604 through Adm 607 of these rules shall not themselves apply to service contracts relating solely to a single agency.

(e) Adm 606.03 shall apply to any RFB, RFP, or RFQ issued, or purchase conducted, by any of the divisions of the department of administrative services.

(f) Adm 608.02 shall apply to agencies seeking new construction, alterations to existing structures, or repairs to existing structures.

(g) Adm 611 shall apply to state agencies as described in Adm 611.07 and to other entities that may, under that part, submit property for redistribution or disposal through state surplus management.

(h) Adm 612, relating to the federal surplus food distribution program, and Adm 613, relating to the federal surplus property program shall apply as set forth in those parts.

(i) All requests for bids, requests for proposals, requests for quotations, and other processes by which acquisitions are made by or through any of the divisions noted in RSA 21-I: 11, I are subject to cancellation by the state at any time and these rules shall not be construed to impose any obligation on the part of the state to continue an RFB, RFP, RFQ, or other purchasing process once initiated, or to impose an obligation on the part of the state to enter into a particular contract or purchase.

(j) The requirements of Adm 604, 605, and 606 shall apply to all requests for bids, requests for proposals, and requests for quotations unless otherwise specified in the specifications or requirements of a particular request for bid, request for proposal, or request for quotation.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by # 8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 601.02 Purpose of Rules {#sec-adm-601.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 601.02}

(a) These rules implement RSA: 21-I by:

(1) Setting forth requirements for vendors;

(2) Setting forth purchasing requirements binding on state agencies within the scope of these rules;

(3) Establishing requirements relative to state and federal surplus programs;

(4) Establishing plant and property maintenance requirements; and

(5) Addressing the other functions described in this chapter, including the processes for obtaining vendor codes and the resolution of purchasing disputes within the division’s bureau of purchase and property.

History

# 8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 601.03 Competitive {#sec-adm-601.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 601.03}

Bidding.

(a) Pursuant to RSA 21-I: 11, I (a) (2) (A) through (D), and subject to such exceptions as provided by law, competitive bidding shall be required before the making of any purchase for the state by the division.

(b) The director of procurement and support services shall be responsible for requiring competitive bidding before making purchases except as otherwise provided by RSA 21-I: 11, I (a) (2) (A) through (D).

(c) Pursuant to RSA 21-I: 11, I (a) (3), except where competitive bidding has been employed, no purchase involving an expenditure of more than $10,000 or purchase in an approved class may be made by the director of procurement and support services without the written approval of the commissioner.

History

# 8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 601.04 Time {#sec-adm-601.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 601.04}

Unless otherwise specified, all times expressed by the division of procurement and support services including but not limited to those specifications of time made in the requirements or specifications of a bid, in RFPs, in RFQs, in RFBs, or in any other purchasing requirement, shall be the time in Concord, New Hampshire.

History

# 8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 601.05 Waiver of Purchasing Requirements to Prevent Loss of Funds {#sec-adm-601.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 601.05}

(a) In accordance with RSA 21-I: 18, II, the commissioner of the department of administrative services or the commissioner’s designee may waive the provisions of RSA 21-I or these rules relative to purchases when the executive head of any department or agency or the executive head’s designee submits a request, including an explanation justifying the request and the information identified below, to prevent the loss of any federal or other funds subject to recapture:

(1) The name, address, and telephone number of the agency making the request;

(2) The date of the request;

(3) A description of the circumstances giving rise to the request;

(4) A description of the consequences that are likely to ensue if the request for waiver is not granted; and

(5) The signature of the executive head of the department or agency making the request or the department head or agency’s authorized designee.

(b) A waiver to prevent loss of funds shall be completed by the division based on the written request described in (a) above, which the division shall forward to the commissioner of administrative services.

(c) In addition to the written request under (a) above, the agency making the request shall submit to the division a completed requisition.

(d) Pursuant to RSA 21-I: 18, II, the commissioner of administrative services shall act upon waiver requests in a timely manner and approval shall not be unreasonably withheld.

History

# 8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 601.06 Standards to Assure Continuation or Granting of Federal Funds or Other Assistance {#sec-adm-601.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 601.06}

In addressing grants, contracts, and cooperative agreements with the federal government, the division shall adhere to such requirements as are imposed upon it by federal law relating to the programs which it handles, including those requirements that may be imposed by the United States Office of Management and Budget of the Executive Office of the President in revised Circular A-102, found at 59 FR 52224 and 62 FR 45934, Executive Order 12549, found at 51 FR 6370, and 48 CFR Chapter I, Subpart 9.4 regarding “Debarment, Suspension, and Ineligibility.”

History

# 8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 601.07 Other Exceptions and Waivers {#sec-adm-601.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 601.07}

(a) Pursuant to RSA 21-I: 17-a, II, and subject to the provisions thereof, upon joint recommendation of the commissioner and the agency, the governor and executive council may authorize an agency to purchase supplies for the agency directly from vendors in such quantities and for such sums as the governor and executive council shall prescribe.

(b) The commissioner shall waive any provision of Adm 601 if the commissioner concludes that a waiver is necessary:

(1) To comply with the law relative to the topics set forth herein; or

(2) To achieve the purposes of RSA 21-I.

History

# 8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 602 Definitions

N.H. Code Admin. R. Ann. Adm 602.01 Definitions {#sec-adm-602.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 602.01}

In addition to the definitions in RSA 21-I: 11, II, the following definitions shall have the following meanings in this chapter:

(a) “Activity code” means the number or letters and number assigned by the department of administrative services for the purpose of tracking in NH First, which identifies the subdivision of an agency that is making a request.

(b) “Agency” means “agency” as defined in RSA 21-I: 11, II (b), to the extent not exempt or excluded from making purchases or other acquisitions through the division.

(c) “Agency code” means the number or letters and number assigned by the department of administrative services to identify particular state agencies for the purposes of tracking in NH First.

(d) “Apparent low bidder” means the vendor that has been identified by the division as having, subject to final review, apparently submitted the lowest qualified bid on an RFB or RFQ, or as having, subject to final review and scoring, apparently submitted the RFP most likely to be accepted.

(e) “Appropriation code” means the number or letters and number assigned by the department of administrative services to a particular transaction for the purposes of tracking in NH First that consists of the company, accounting unit, account, and any sub account entry within that system.

(f) “Association” means a corporation, partnership, limited partnership, trust, joint venture, unincorporated association, or other organization or legal entity of any type.

(g) “Authorized signature” means the signature of a person who may, by operation of law, bind a vendor to a contract.

(h) “Bidder” means a vendor that submits a timely response to a request for a bid, a request for quotation, or a request for proposal.

(i) “Bidding” means a competitive process in which a person or association responds to an RFB, RFP, RFQ, or other competitive solicitation by which the state seeks commodities or services.

(j) “Certified test result” means the result of a test certified as accurate by an independent authority specified by the division.

(k) “Close of business” means 4:30 P.M.

(l) “Commodities” means materials, supplies, equipment, or other tangible items.

(m) “Commodity code” means the number or letters and number assigned to particular descriptions of commodities or services for the purposes of financial tracking in NH First.

(n) “Contact person” means an individual at an agency who has been designated to answer questions from the division or vendor about a requisition and to serve as the agency’s main contact regarding a requisition or other matter covered by these rules.

(o) “Current price” means a conclusion as to price determined by an assessment of the price historically charged for a service or commodity, the price determined by the division to currently be charged by sellers of that service or commodity, and any other factors having a bearing upon the value of the service or commodity.

(p) “Day” means a calendar day, unless otherwise specified.

(q) “DBA name” means a name under which a vendor does business.

(r) “Director” means, unless otherwise specified, the director of the division of procurement and support services.

(s) “Division” means, unless otherwise specified, the division of procurement and support services.

(t) “Extension price” means the unit price multiplied by the total number of units offered, requested, or bid upon.

(u) “Field purchase order” means an authorization under RSA 21-I: 17-a, I from the director of procurement and support services to a governing board of any agency, which authorizes one or more individuals designated by the board to purchase supplies for the agency directly from vendors, provided that the total expenditure does not exceed $1,000.

(v) “Free on board (FOB)” means a method of shipment whereby the seller agrees to assume all costs and expenses associated with delivery to the specified delivery location, including, but not limited to, the cost of any transportation and insurance, without charging the same to the buyer.

(w) “Forfeited property” means any property, personal or real, lawfully seized by the state, including but not limited to seizures pursuant to RSA 595-A: 6.

(x) “Fund code” means the number assigned by the department of administrative services to identify the source of funds for the purposes of tracking in NH First. The term includes designated company entry.

(y) “Letter of authority” means a written document, or a copy thereof, signed by the clerk, secretary, or other authorized representative of an association indicating that, as of the time of the bid, proposal, or other offer, a specific, identified individual is authorized by the association to contractually bind the association and to submit bids, proposals, or other offers to the state.

(z) “Material mistake” means an unintentional error that is determined by the division to be essential to the terms of a bid or other offer, without which mistake the bid or other offer would not have been made by the vendor.

(aa) “NH First” means the statewide electronic integrated financial and enterprise planning system used by the state to track funds for the purposes of procurement, budgeting, financial accounting, financial reporting, and financial management.

(ab) “Notice of contract” means a statement by the division announcing the specifics of a contract that has been awarded for commodities or services.

(ac) “Organization code” means the number or letters and number assigned by the department of administrative services to identify a department, bureau, or other group within an agency for the purposes of tracking in NH First, together with the number, or letter and number, if any, which further identifies a specific unit within a department, bureau, or other group within the accounting unit of that system.

(ad) “Other purchasing vendor” means a vendor that is selected or recommended by the division to provide commodities or services to the state of New Hampshire by a method other than competitive bidding under an RFP or RFB, and by a method other than an RFQ. The term includes sole source vendors selected or recommended by the division but does not include vendors used by agencies pursuant to a field purchase order or procurement card.

(ae) “Pre-existing state contract” means an agreement with a vendor to provide, upon request by an agency, commodities or services on the basis of terms, conditions, and requirements established by the division.

(af) “Prepay and add” means a method of delivery and payment in which ownership of the item is not transferred until delivery to a specified site and where shipping costs are to be paid for by the vendor, with the cost of shipping then added to the vendor’s invoice for payment by an agency.

(ag) “Preprinted” means stated on an electronic or hard-copy document prepared and made available by the division.

(ah) “Purchasing agent” means a person within the division whose responsibility it is to engage in the procurement of commodities and services for the state of New Hampshire.

(ai) “Request for bid (RFB)” means an invitation identified by the state as an RFB wherein vendors are invited to submit an offer to provide specified commodities or services to the state at a price proposed by the bidder.

(aj) “Request for proposal (RFP)” means an invitation identified by the state as an RFP in which the criteria for selection, or recommendation for selection, are stated in conformity with RSA 21-I: 22-b wherein vendors are invited to submit an offer to provide commodities or services to the state in circumstances where the particulars of the commodity or service, as well as the price, are evaluated by the division.

(ak) “Request for quotation (RFQ)” means an invitation identified by the state as an RFQ wherein vendors are invited to provide specified commodities or services to the state at a price proposed by the bidder.

(al) “Requirements of a bid” means any term or condition of any request for bid, quotation or proposal, proposed agreement or contract, or procedural requirement, other than the specifications of a bid, relating to a particular purchase, bid, quotation, or proposal, specified by the state, including:

(1) The general conditions and instructions relating to a bid, quotation, proposal, purchase, agreement, or proposed bid, contract, purchase, or agreement;

(2) If the proposed agreement, or contract involves services, the general terms and conditions for services sought by the state;

(3) The general terms and conditions applicable to bidding, to the submission of proposals or to the provision of commodities or services;

(4) The terms of payment, terms of delivery, or time of performance relating to any purchase or proposed purchase by the state; and

(5) Any provision other than the specifications of the bid relating to a request for bid, quotation, proposal, or to the provision of commodities or services to the state.

(am) “Requisition means a request made by an agency when seeking the procurement of commodities or services through NH First.

(an) “Revenue account code” means a specified numeric code, or letter and number code, assigned by the department of administrative services, for the purpose of tracking revenue received through NH First.

(ap) “Safety data sheet (SDS)” means a writing approved by the United States Department of Health, occupational safety and health association that sets forth health and safety issues relative to a particular commodity.

(aq) “Services” means “services” as defined in RSA 21-I: 11, II (f).

(ar) “Signature” means, unless otherwise specified, a handwritten signature or an electronic signature as defined in RSA 294-E: 2, VIII.

(as) “Sole source provider” means a provider of commodities or services to the state pursuant to RSA 21-I: 11, I (a) (2) (B).

(at) “Specifications of a bid” means a statement set forth in an RFQ, an RFP, an RFB, or in any other way, that identifies or describes the details or particulars of a commodity or service that the state wishes to procure.

(au) “Split delivery” means delivery of goods by a vendor in more than one shipment.

(av) “Third-party certificate of product compliance” means a certification by an independent authority specified by the division stating that the product meets or exceeds product specifications identified in the requirements or specifications of the bid.

(aw) “Unit price” means the price at which a person or association offers to provide a single item or service to the state.

(ax) “Vendor” means an individual or other entity offering commodities or services for sale and seeking to provide such commodities or services to the state of New Hampshire.

(ay) “Vendor code” means a unique identifier assigned to a particular vendor.

(az) “Written” means, unless otherwise specified, printed by hand or provided by any other method of representing words and letters, including by way of NH First and other electronic means.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 603 Vendor Code Requirements

N.H. Code Admin. R. Ann. Adm 603.01 Code For Vendors {#sec-adm-603.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 603.01}

(a) A vendor who has not otherwise been assigned a vendor code shall obtain a vendor code as specified in Adm 603.02.

(b) The division shall not accept responses to RFPs, RFBs, RFQs, and requests for information from any vendor without a vendor code assigned in accordance with Adm 603.02.

(c) Every applicant for a vendor code that submits the information required by Adm 603.02 and 603.03 below shall be assigned a vendor code.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 603.02 Registration Procedure for Bidders, Other Purchasing Vendors, or Prospective Bidders or Other Purchasing Vendors Seeking to Obtain a Vendor Code {#sec-adm-603.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 603.02}

To obtain a vendor code under this part, a vendor shall submit to the division a “Vendor Application”, as amended 7-20-2023, or submit the same information required on the form electronically through the Online Vendor Registration portal https://apps.das.nh.gov/vendorregistration/.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #7103, eff 9-23-99; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 603.03 Submission of W-9 Form {#sec-adm-603.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 603.03}

A vendor seeking to obtain a vendor code under Adm 603.02 shall, in addition to submitting the information described in Adm 603.02, file a fully executed “Request for Taxpayer Identification Number and Certification” form issued by the United States Department of the Treasury pursuant to 26 USC 6109, commonly known as a W-9 form.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 603.04 Vendor Code List {#sec-adm-603.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 603.04}

The division shall maintain a list of persons and associations who have been assigned vendor codes, which shall be used solely as a record-keeping device and shall not be deemed by the department to constitute a vendor’s license or similar form of permission under RSA 541-A:1, VIII.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 603.05 Updating of Information by Applicants for a Vendor Code {#sec-adm-603.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 603.05}

(a) A vendor who has been issued a vendor code shall immediately submit to the division any updates, modifications, or corrections to the information submitted under Adm 603.02.

(b) An individual or authorized representative of a vendor submitting an update, modification, or correction under (a) above shall certify the submission.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 604 Bidding Requirements

N.H. Code Admin. R. Ann. Adm 604.01 Requests for Bids, Quotations and Proposals Generally {#sec-adm-604.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.01}

(a) In each RFP, RFQ, or RFB, the division shall specify in the requirements or specifications of the bid whether the request is for a written:

(1) Price quotation;

(2) Bid; or

(3) Proposal.

(b) All RFBs, RFPs, RFQs, and other processes by which acquisitions are made by or through the divisions noted in RSA 21-I: 11, I are subject to cancellation by the state at any time and these rules shall not be construed by any bidder to impose any obligation on the part of the state to continue an RFB, RFP, RFQ, or other purchasing process once initiated, or to impose an obligation on the part of the state to enter into a particular contract or purchase.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.02 Procedural Requirements for Bids, Quotations, and Proposals {#sec-adm-604.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.02}

(a) Except to the extent otherwise provided in the requirements of the bid, bids, quotations, and proposals subject to these rules shall be submitted to the division in a hard copy or electronic writing and shall include all sheets, sides, or pages required by Adm 604.08 and Adm 604.09, together with all information required to be provided by the bidder, or such other alternate form specified in the requirements of the bid, together with all sheets, sides, or pages of any addenda or attachments thereto which contain information required to be provided by the bidder.

(b) A bidder’s submission of a bid or signature on the documents specified in (a) above, or such other alternative document specified in the requirements of the bid, shall constitute an acceptance of all of the terms of the requirements and specifications of the bid, including but not limited to the contract terms and conditions, general conditions for bidding, general conditions and instructions, and general terms and conditions for services, if any, specified on, or made part of, the bid, including those terms that are to apply if the bidder is selected to provide commodities or services to the state.

(c) The contents of the documents described in Adm 604.08 and Adm 604.09, or such other alternative document specified in the requirements of the bid, or the contents of the terms, conditions or other requirements or specifications of the bid, quotation, or proposal, including those relating to quantity and delivery, shall not be altered, modified, deleted, or excepted to by a bidder except as specified in Adm 604.03, and provided that alterations, modifications, deletions, or exceptions may be withdrawn to the extent allowed under Adm 604.03 (d) and Adm 606.01 (i).

(d) Bids, quotations, and proposals shall be submitted to the division on or before the date and time specified by the division for the submission of bids or proposals or for the receipt of quotations, except that if state offices are closed because of inclement weather, unforeseen circumstances, or any other reason, bids, quotations and proposals due on that date shall be accepted by the close of business on the next business day.

(e) Bids, quotations, and proposals shall be submitted in conformity with all requirements of the bid, including any provisions relating to the sealing of bids, quotations, or proposals, and in conformity with the specifications of the bid and all applicable rules.

(f) Bids, quotations, and proposals may be submitted by electronic submission, facsimile, email, or other form of delivery if such submittal is authorized in the requirements or specifications of the particular bid, bids, quotations, or proposals, subject to all requirements applicable to submittals. All submissions shall:

(1) In order to be timely, be submitted, and actually received, on or before the date and time set for the receipt of bids, quotations, or proposals;

(2) Be in accordance with the requirements of the bid, the specifications of the bid, and the provisions of these rules; and

(3) Be legible.

(g) For the purposes of (f) above, the time of receipt shall be the time that the full transmission is received by the division.

(h) For the purposes of (f) and (g) above, if the time of receipt as recorded by the sender’s facsimile or electronic transmission equipment differs from the time of receipt of the facsimile or electronic transmission as recorded by the division’s equipment, the time recorded by the division’s equipment shall control.

(i) Except as otherwise provided herein, facsimile and other electronic transmissions shall be subject to the same provisions of these rules, including those relating to correction and cure, as would apply to hard-copy submissions.

(j) Bidders shall be responsible for submitting any bid, quotation, or proposal that is in the form of a facsimile or other electronic transmission in a manner that is, and at such a time that the division’s receipt of the submission is, in accordance with these rules.

(k) Bids, quotations, and proposals shall be accompanied by a letter of authority, if such letter of authority is requested in the requirements or specifications of the bid.

(l) If a request for bid, a request for quotation, or a request for proposal requires the submission of samples, or if the bidder provides items for demonstration purposes, the bidder shall submit such items free of charge and shall deliver, install, remove, and properly dispose of, any such items free of charge at the date and time specified in the requirements or specifications of the bid or otherwise.

(m) Sample and demonstration units provided under (l) above shall not be offered to the state as a new commodity and the state shall not return samples or items left for demonstration purposes that have not been removed by the bidder.

(n) The monetary amount of bids or proposals shall not include any state or federal tax from which the state is exempted by law.

(o) Bids, quotations, and proposals shall not be transferable.

(p) Bids, quotations, and proposals shall be signed in accordance with Adm 604.07 below.

(q) All monetary amounts expressed in bids, quotations, proposals, or other offers to sell commodities or services to the state shall be expressed in United States dollars and all monetary transactions with the state shall be conducted in United States dollars.

(r) Bids, quotations, or proposals shall be signed by a person authorized to bind the bidder to the terms of the bid, quotation, or proposal.

(s) Bids, quotations, or proposals shall be legible.

(t) Bids, quotations, or proposals shall be written in English.

(u) If requested in the invitation for bid, quotation, or proposal, the bidder shall supply the bureau of the division that issued the invitation for bid, quotation, or proposal, or designee, as specified in the requirements or specification of the bid, with certified test results, third-party certificates of product compliance, or the results of independent laboratory testing to confirm compliance with any specifications of a bid, quotation, or proposal, the costs of which shall be the responsibility of the bidder.

(v) After submission of a bid, quotation, or proposal, a bidder shall make no change to price or other matter that a bidder is required to specify in response to a particular RFB, RFP, or RFQ, except to the extent allowed in the context of final offer negotiations under Adm 606.02.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.03 Requests for Changes to Bids, Quotations, and Proposals {#sec-adm-604.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.03}

(a) A person, association, or agency may request changes to the requirements or specifications of a bid, quotation, or proposal by submitting the requested changes to the division in writing, in the time period specified in the bid, quotation, or proposal.

(b) Requests for changes to the requirements or specifications of an RFB or RFP shall be granted if:

(1) Such proposed changes are made in writing;

(2) Such proposed changes are received by the division no less than 5 business days before the date scheduled for the submission of the proposals or bids, unless otherwise specified by the division; and

(3) The division concludes:

a. That the change would not affect the original scope or purpose of the requirements or specifications of the RFB or RFP;

b. That the change would not conflict with any applicable law, regulation, or rule other than the rule stating that a bidder must submit bids in accordance with the particular requirement or specification sought to be altered;

c. That the change would enable the state to meet its business needs in a more timely, efficient, or cost-effective manner or in a manner that is otherwise more advantageous to the state than would the original requirements;

d. If the change relates to the contract terms and conditions, general conditions for bidding, general conditions and instructions, general terms and conditions for services, or any legal term or condition appearing on a document provided by the division:

That it has been submitted by the division to, and has been reviewed by the New Hampshire department of justice; and
That it is desirable in view of the foregoing factors and any review conducted by the New Hampshire department of justice; and

e. If the change relates to the specifications of a bid, that one or more of the agencies that are to receive the commodity or service concurs with the change after consultation with the division.

(1) Are specifically allowed, and to the extent and at such time as specifically allowed, in the requirements or specifications of the particular bid; and

(2) Meet the criteria of (b) (3) above.

(d) If a bidder has altered, modified, deleted, or taken exception to the preprinted contents of a document utilized to submit the bid, quotation, or proposal, or to any of the requirements or specifications of a bid, quotation, or proposal without utilizing the procedures of (b) or (c) above, the bidder may, in writing, withdraw the alteration, deletion, modification, or exception in full:

(1) In the case of an RFP or RFB, within 5 business days of the opening of bids or proposals, or, after that time, within 3 business days of notification of the nonconformity by the division; or

(2) In the case of an RFQ, immediately upon notice of the nonconformity by the division.

(e) Nothing in this section shall be construed to imply an ability on the part of the bidder to withdraw a bid, quotation, or proposal after the date and time for submission of bids, quotations, or proposals, except as specified in Adm 606.07.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.04 Disqualification – Nonconformities Not Subject to Correction and Cure {#sec-adm-604.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.04}

A bid, quotation, or proposal shall not be qualified if:

(a) The bid, quotation, or proposal is not filed by the date and time specified in the requirements or specifications of the bid, or, in the case of inclement weather, any extended period allowed under Adm 604.02 (d);

(b) Except to the extent changes have been allowed pursuant to Adm 604.03, the bid, quotation, or proposal is not submitted in a writing including all sheets, sides, or pages of the form described in Adm 604.08 and Adm 604.09, as specified by the division, which contain information provided by the bidder, or such other, alternate form specified in the requirements of the bid, together with all sheets, sides, or pages of any addenda or attachments thereto which contain information provided by the bidder;

(c) The vendor, or any of its subsidiaries, affiliates, or principal officers, has, within the 2 years prior to the bid, quotation, or proposal, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(d) The vendor, or any of its subsidiaries, affiliates, or principal officers, provided false, deceptive, or fraudulent information on a vendor code application form described in Adm 603.02, or on any other document at any time submitted to the state of New Hampshire, which information has not, as of the time of the filing of the bid, quotation, or proposal, been corrected and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(e) If the bid, quotation, or proposal involves federal funds, the vendor does not meet any requirement or criteria imposed by the federal government relative to those funds and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(f) The vendor, or any of its subsidiaries, affiliates, or principal officers is at the time of the filing of the bid, quotation, or proposal, subject to any order of the New Hampshire department of labor, the New Hampshire department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws that the department, agency, board, or commission is charged with implementing and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(g) The vendor, or any of its subsidiaries, affiliates, or principal officers is at the time of the filing of the bid, quotation, or proposal, subject to any sanction or penalty finally issued by the New Hampshire department of labor, the New Hampshire department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(h) The vendor includes in the bid, quotation, or proposal the amount of any state or federal tax from which the state is exempt under federal or state law;

(i) Monetary figures contained in the bid, proposal, or quotation are not expressed in United States dollars;

(j) The bid, quotation, or proposal purports to be transferable;

(k) The person or association submitting a bid, quotation, or proposal is not the person or association that will be providing commodities or services to the state under the bid, quotation, or proposal;

(l) The vendor submitting a bid, quotation, or proposal is not the vendor that will be held responsible for complying with the terms and conditions of any contract entered into with the state;

(m) The bid, quotation, or proposal is not legible;

(n) The bid, quotation, or proposal is not written in English;

(o) Unless otherwise specified by the requirements or specifications of the bid, or unless otherwise agreed to by the division, the general conditions for bidding, the terms and conditions of any contract or proposed contract, the content of the applicable form described at Adm 604.08 and Adm 604.09, or such alternate form specified in the requirements of the bid, or the terms, conditions or any other requirement or specification of the bid, quotation, or proposal, including those relating to quantity and delivery, is changed by the bidder except by utilizing the procedures set forth at Adm 604.03, and provided that alterations, modifications, deletions, or exceptions may be withdrawn to the extent allowed under 604.03 (d) and 606.01 (k);

(p) Sample or demonstration units are offered by the bidder to the state as new commodities;

(q) Contrary to Adm 604.02 (v), the bidder makes a change to price or other matter that the bidder is required to specify in a bid, quotation, or proposal;

(r) The vendor, or any of its subsidiaries, affiliates, or principal officers, is, at the time of the filing of the bid, quotation, or proposal, prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(s) The vendor, or any of its subsidiaries, affiliates, or principal officers is at the time of the filing of the bid, quotation, or proposal, debarred from performing work on any project of any state other than the state of New Hampshire, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase, or the vendor, or any of its subsidiaries, affiliates, or principal officers is, at the time of the filing of the bid, quotation, or proposal, debarred from performing work on any project of the federal government or the state of New Hampshire;

(t) The vendor or any of its subsidiaries, affiliates, or principal officers has, within the 2 years prior to the filing of the bid, quotation, or proposal, failed to cure a default on any contract with the federal government or the government of any state, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(u) The vendor, or any of its subsidiaries, affiliates, or principal officers is, at the time of the filing of the bid, quotation, or proposal, serving a sentence or subject to a continuing or unfulfilled penalty for any crime or violation noted in RSA 21-I:11-c, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(v) The bidder has, as of the time of the filing of the bid, quotation, or proposal, failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in RSA 21-I:11-c, or of any debarment, within 30 days of such conviction, plea, finding or debarment, if the bidder possessed a vendor code number at the time of such conviction, plea, finding, or debarment, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(w) The vendor, or any of its subsidiaries, affiliates, or principal officers has been placed on the debarred parties list specified in RSA 21-I:11-c, II within the past year;

(x) The bidder’s submission described in Adm 604.08 (d) below is false, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase; or

(y) The bidder fails to submit a sealed bid if, and as, sealed bids are specified.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.05 Disqualification – Nonconformities Subject to Correction and Cure {#sec-adm-604.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.05}

A bid, quotation, or proposal submitted with the following nonconformities shall not be qualified unless the nonconformity is corrected and cured:

(a) The bid, quotation, or proposal is made by an association and is not accompanied by a letter of authority, if a letter of authority is requested in the requirements or specifications of the bid;

(b) The bid, quotation, or proposal is made to the state by a person other than an individual identified in a letter of authority, if a letter of authority is requested in the requirements or specifications of the bid;

(d) The vendor is not, if required by law, registered with the New Hampshire secretary of state and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(e) The vendor is not, if registered with the New Hampshire secretary of state, in good standing with the office of the secretary of state and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase;

(f) If the request for bid, quotation, or proposal requires the submission of samples, or if demonstration units are provided, the person or association fails to submit items free of charge or fails to deliver, install, remove, and properly dispose of any items free of charge;

(g) The person signing the bid, quotation, or proposal is not authorized to bind the bidder to the bid, quotation, or proposal;

(h) Any items appearing to be a correction to a price offered in a particular bid, quotation, or proposal are not, before filing, initialed by an authorized representative of the bidder;

(i) If requested in the invitation for bid or proposal, the bidder does not supply the bureau of the division which issued the invitation for bid, quotation, or proposal, with certified test results, third-party certificates of product compliance, or the results of independent laboratory testing, or declines to pay the cost of such tests or certificates;

(j) The bidder does not abide by, or agree to abide by, these rules or any of the requirements or specifications of the bid;

(k) The bidder does not possess a vendor code;

(l) The bidder fails to submit the statement required by RSA 21-I:11-c, I(b), described in Adm 604.08 (d) below; or

(m) The bidder’s submission is signed by a person who is not authorized by the bidder to do so, and the purchasing agent handling the acquisition has been actually notified or possesses actual knowledge of this fact prior to the completion of the contract or purchase.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.06 Review of Bids, Quotations, and Proposals, Including Correction and Cure {#sec-adm-604.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.06}

(a) Following the submission of a bid, quotation, or proposal, the division shall review timely bids, quotations, or proposals received for conformity with these rules and the requirements and specifications of the bid.

(b) Bids, quotations, or proposals that are not conforming because they have not been timely filed will not be considered by the division.

(c) In the case of an RFB, the division shall, in writing, notify apparent low bidders submitting timely bids that, on initial review, do not appear to conform to these rules and the requirements of the bid of:

(1) Nonconformities subject to correction and cure as specified in Adm 604.05;

(2) What, if any, additional or corrected information may be submitted to bring the bid into conformity; and

(3) The deadline by which such information must be received.

(d) In the case of an RFP, the division shall, in writing, notify vendors submitting timely proposals that, on initial review, do not appear to conform to these rules and the requirements of the bid of:

(1) Nonconformities that are subject to correction and cure as specified in Adm 604.05;

(2) What, if any, additional or corrected information may be submitted to bring the proposal into conformity; and

(3) The deadline by which such information must be received.

(e) If, by the deadline established under (c) or (d) above:

(1) The vendor notified submits materials or corrections that bring a bid or proposal into conformity with these rules and the requirements of the bid as specified, the division shall process the bid or proposal as if the bid or proposal had originally been in conformity therewith; or

(2) The vendor notified does not submit materials or corrections as specified that bring the bid or proposal into conformity with these rules and the requirements of the bid the division shall finally disqualify the bid or proposal and process the matter as if the bid or proposal had not been submitted.

(f) RFQs shall be handled in the manner set forth in (c) and (e) above, except that:

(1) Notification under (c) above shall be either oral or in writing; and

(2) Any submission to bring the quotation into conformity with these rules and the requirements of the bid shall be submitted immediately upon request.

(g) The division shall not consider any bid or proposal which is not in conformity with these rules and the requirements of the bid after the time specified in the notification under (c) or (d) above, nor shall it consider any quotation which is not brought into conformity immediately upon request.

(h) Bids, quotations, or proposals that are not in conformity with these rules or the requirements of the bid due to the absence of a required signature shall be corrected and cured as specified by Adm 604.07 below.

(i) Initial review of the conformity of bids, quotations, and proposals to the requirements and specifications of the bid and to these rules, and disqualification, shall, if not completed earlier, take place during the selection process described in Adm 606.01.

(j) Following the date and time established for the submission of bids, quotations, or proposals, a bidder shall not alter the material submitted except to the extent that:

(1) The bidder has been notified by the division of, and is responding to, the existence of a defect that is subject to cure;

(2) The change consists of the withdrawal of an alteration, modification, deletion, or exception allowed under Adm 604.03 (d) and Adm 606.01(i); or

(3) The change is the result of final offer negotiations under Adm 606.02.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (formerly Adm 605.05) (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.07 Signing of Bids, Quotations, and Proposals {#sec-adm-604.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.07}

(a) Bids, quotations, or proposals submitted to the division shall bear an authorized signature on the document prescribed by the division for the particular purchase described at Adm 604.08 and Adm 604.09, or such other alternate document specified in the requirements of the bid, as well as on any other document on which the requirements of the bid specify that a signature is required.

(b) In the case of a bid, quotation, or proposal received by the division without the signatures required by (a) above, unless the process is canceled by the state, the division shall notify the bidder of the failure to sign and of the time by which signed materials must be received.

(c) Unless another date is specified by the division in order to address issues of timing associated with the bid or proposal, a bidder who has failed to sign a bid or proposal in accordance with (a) above may file a signed version of the applicable document described at Adm 604.08 and Adm 604.09, or any other document on which a signature might be required, within 3 business days of the day that notice is issued under (b) above.

(d) The division shall not consider any bid, quotation, or proposal which remains unsigned after the time specified in the notice under (b) above.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (formerly Adm 604.06) (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.08 Bid Invitation(s) {#sec-adm-604.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.08}

Unless an alternate document is specified in the requirements of the bid, a bid shall be submitted according to Adm 604.09. A bidder shall submit in writing and shall include all sheets, sides, or pages of the bid invitation provided by the division which sets forth or incorporates the applicable general terms, conditions, and provisions.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (formerly Adm 604.07) (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.09 S {#sec-adm-604.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.09}

tate of New Hampshire -Transmittal Letter.

(a) Unless another, alternative document is specified in the requirements of the bid, quotation, or proposals, a bidder shall submit in writing, including all sheets, sides, or pages of a bid, quotation, or proposal, a "State of New Hampshire Transmittal Letter”, as amended 7-20-2023, provided by the division which sets forth or incorporates the applicable general terms, conditions, and provisions.

(b) If a bidder submitting the letter described above is recommended by the division to provide services, the bidder shall execute the standard contract terms specified in Adm 604.10 below.

(c) In addition to the foregoing, pursuant to RSA 21-I:11-c, a bidder shall, as part of a bidder’s bid submission, submit a statement signed under penalty of unsworn falsification.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13 (from Adm 604.09); amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (formerly Adm 604.08) (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.10 Agreements Relative to Multi-Agency Services Originating with Requests for Proposals {#sec-adm-604.10 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.10}

In the case of service contracts involving services to more than one agency that originated with a request for proposal:

(a) The division shall recommend to the commissioner a vendor according to the procedures set forth in Adm 606; and

(b) In the event that a bidder submitting a service contract proposal under Adm 604.09 is selected to provide services, the bidder shall execute such standard contract terms as designated by the department of justice.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13 (from Adm 604.11); ss by #13708, eff 7-29-23 (formerly Adm 604.09) (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 604.11 Claims of Confidentiality {#sec-adm-604.11 omnilex-key=us-nh-regs-official--agency-adm--Adm 604.11}

(a) Unless otherwise specified in the requirements of the bid, a vendor who wishes to make a claim that information submitted in connection with or in support of a bid, proposal, or quote is confidential and exempt from disclosure under RSA 91-A:5, shall:

(1) Assert the claim at the time the bid, proposal, or quote is initially submitted by stamping or otherwise marking each page, or portion thereof, asserted to contain confidential information with the notation “confidential”;

(2) Provide a separate copy of the full and complete document, in which the portions identified as confidential pursuant to (a)(1), above shall be:

a. Fully redacted by blacking them out or otherwise making them permanently unreadable; and

b. Stamped or otherwise marked with the notation “confidential”; and

(3) Provide a separate letter stating the legal authority for each claim of confidentiality asserted and for which a redaction has been made.

(b) No claim of confidentiality shall be made by a vendor for any information:

(1) Indicating proposed pricing;

(2) Which is in the public domain; or

(3) Which is not confidential pursuant to any applicable law or rule.

(c) If a vendor makes no claim of confidentiality at the time of the initial submission, the entire submission shall be subject to disclosure either in response to specific requests for production of records under RSA 91-A or by posting online, if the division concludes that no portions of the submission are exempt from disclosure pursuant to law.

(d) A claim of confidentiality shall not prevent disclosure of any information submitted in connection with or in support of a bid, proposal, or quote if:

(1) The vendor fails to satisfy any of the requirements in (a), above;

(2) The vendor marks the entire submission as confidential without specifically identifying the pages or portions thereof that are claimed to be confidential; or

(3) The vendor fails to comply with any requirements or specifications of the bid, proposal, or quote relative to claims of confidentiality.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 605 Additional Rules Regarding Other Purchasing Vendors

N.H. Code Admin. R. Ann. Adm 605.01 Disqualifying Factors {#sec-adm-605.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 605.01}

(a) Subject to (b) below, no other purchasing vendor shall be selected to provide commodities or services through the division if:

(1) Any nonconformities specified in Adm 604.04 and 604.05 exist; or

(2) If the purchase involves a requirement that the vendor agree to stated specifications or requirements, including but not limited to standard contract terms and conditions, general conditions and instructions, or general terms and conditions for commodities or services, and the vendor fails to agree to abide by or seeks to alter those requirements or specifications without first obtaining the approval of the division.

(b) The nonconformities specified in Adm 604.04(a), (b), (h) through (l), and (p) and Adm 604.05 (a), (f) through (j), (l), and (m), shall not apply to this part.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 605.02 Acceptance of Terms {#sec-adm-605.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 605.02}

The provision of commodities or services by another purchasing vendor shall constitute acceptance of any requirements or specifications set forth in Adm 605.01(a)(2) above, the terms stated on any purchase order or other document used to procure the commodity or service, and the provisions of Adm 605.03 below.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 605.03 Procedural Requirements for Other Purchasing Vendors {#sec-adm-605.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 605.03}

(a) If the submission of samples is required in connection with a purchase, or if a vendor provides items for demonstration purposes, the vendor shall:

(1) Submit such items free of charge; and

(2) Deliver, install, remove, and properly dispose of such items free of charge, at the date and time specified in the purchase order or contract.

(b) Sample and demonstration units provided under (a) above shall not be offered to the state as a new commodity and the state shall not return samples or items left for demonstration purposes that have not been removed by the vendor that provided them.

(c) The total monetary amount of the offer submitted by a vendor seeking to provide commodities or services as an other purchasing vendor shall not include any state or federal taxes from which the state is exempt.

(d) The monetary amounts expressed in any offer submitted by a vendor seeking to provide commodities or services as an other purchasing vendor shall be expressed in United States dollars and all monetary transactions with the state shall be conducted in United States dollars.

(e) If requested by the division, a vendor seeking to provide commodities or services as an other purchasing vendor shall supply certified test results, third-party certificates of product compliance, or the results of independent laboratory testing to confirm compliance with any specifications.

(f) The costs of the certificates and testing specified by (e) above shall be the responsibility of the vendor.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 606 Selection, Post Selection, and Purchasing Procedures

N.H. Code Admin. R. Ann. Adm 606.01 Bidder Selection or Recommendation Procedure {#sec-adm-606.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.01}

(a) Following an initial determination of qualifications of an RFB, RFQ, or RFP, the division shall determine:

(1) Whether the bid, proposal, or quotation is in conformity with the specifications and requirements of the bid and applicable rules; and

(2) If federal funding is involved in the award of the bid, proposal, or quotation, whether the bid, proposal, or quotation or the person or association submitting the bid, proposal, or quotation meets federal requirements and qualifications relative to the acquisition.

(b) If a low bidder fails to meet required qualifications, then the division shall move to the next lowest bidder.

(c) In the case of an RFB or RFQ, selection or recommendation of a prospective vendor shall, if the process is not cancelled by the state, be made of the qualified bidder meeting the requirements of (a) above whose bid or quotation meets the requirements of the bid and meets or exceeds specifications at the lowest price.

(d) In the case of an RFP, selection or recommendation of a prospective vendor shall be made of the qualified bidder meeting the requirements of (a) above which has submitted a conforming RFP meeting or exceeding specifications and according to the criteria for selection set forth in the RFP.

(e) If there is a discrepancy between the unit price and the extension price in a response to an RFP, RFB, or RFQ, the unit price shall be binding upon the bidder.

(f) When identical and qualified low bids, proposals, or quotations are received at the same price, selection or recommendation of a prospective vendor shall, be made pursuant to RSA 21-I: 11-b, II as follows:

(1) If only one of the vendors offering that price has a principal place of business in New Hampshire, that vendor shall be selected or recommended for selection;

(2) When qualified lowest bids, proposals, or quotations are received at the same price from more than one vendor that has a principal place of business in New Hampshire, selection or recommendation for selection shall be made by drawing lots from among those vendors with a principal place of business in New Hampshire; or

(3) When qualified lowest bids, proposals, or quotations are received at the same price from more than one vendor that does not have a principal place of business in New Hampshire, by drawing lots among the vendors.

(g) Notwithstanding the provisions of RSA 91-A: 4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to requests for bids, proposals, applications, or quotations or similar requests for submissions for the purpose of procuring goods or services or awarding contracts, except in accordance with RSA 21-G:37.

(h) The successful bidder on an RFQ shall be notified by the division.

(i) The alteration, modification, deletion, or exception by an apparent low bidder to the preprinted contents of the document utilized to submit the bid, quotation, or proposal, or to the requirements or specifications of the bid, quotation, or proposal without utilization of the procedures of Adm 604.03 shall not preclude the selection of that bidder as a vendor if the bidder withdraws the alteration, deletion, modification, or exception as specified in Adm 604.03 (d).

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.02 Final Offer Negotiations {#sec-adm-606.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.02}

(a) If, following the selection or recommendation of a prospective vendor in response to an RFB, RFP, or RFQ, it does not appear that the price offered for the commodity or service is equal to or less than the current market price for the commodity or service, the division shall contact the bidder and negotiate for the bidder’s lowest final price.

(b) If, prior to or after selecting a vendor by means of a process other than competitive bidding, it does not appear that the price offered for the commodity or service is equal to or less than the current price for the commodity or service, the division shall contact the vendor or prospective vendor and negotiate for the vendor’s lowest final price.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.03 Cancellation of Selection Process {#sec-adm-606.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.03}

(a) The division of the department of administrative services that issued an RFB, RFP, or RFQ, or conducted a purchase by means of a process other than competitive bidding, or the commissioner, shall at any time in the process cancel any RFB, RFP, RFQ, or purchase conducted by means of a process other than competitive bidding, and shall decline to award or recommend award of a bid, quotation, or proposal, or to select or recommend selection of a vendor, if the division or commissioner concludes that such action is in the best interests of the state of New Hampshire, such as:

(1) To avoid the potential that commodities or services of an unacceptable quality, price, type, method of delivery, or other term of purchase will be provided to the state;

(2) To effectuate the terms of the particular RFP, RFQ, RFB, or purchase;

(3) To enable an agency to fulfill its mission, or for the state to maximize the effective use of funds or other resources;

(4) To address funding constraints;

(5) To enable the state to address its needs in a more timely, efficient, or cost-effective manner than would continuation of the process;

(6) To comply with statutory law, case law, or these rules, or to advance the purposes of RSA 21-I or these rules; or

(7) To foster the integrity of the process.

(b) Cancellation under the foregoing paragraphs shall not preclude the department of administrative services from issuing a new RFB, RFP, or RFQ, or from initiating a new process for the selection of a vendor by means other than competitive bidding, in regard to the matter canceled.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; amd by #7104, eff 9-23-99; amd by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.04 Delivery {#sec-adm-606.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.04}

(a) No payment shall be made to a vendor that makes delivery in a manner contrary to these rules, contrary to the requirements or specifications of the bid, or contrary to the terms or conditions of the purchase order, the contract, or any other document establishing delivery terms, if that vendor does not remedy such failure upon request.

(b) Deliveries shall be inspected after receipt and shall not be deemed accepted until compliance with these rules, the laws applicable to purchasing, and the requirements or specifications of the bid has been established.

(c) Goods that are delivered in a damaged condition shall not be accepted and the vendor shall assume all costs and expenses associated with the return of those goods.

(d) The vendor shall, at its sole expense, immediately replace any goods delivered in a damaged condition.

(e) The signature of state personnel on shipping documents shall signify the receipt but not the acceptance of the shipment signed for.

(f) If a vendor is unable to complete delivery by the date specified in the requirements or specifications of the bid, the bid form, the purchase order, or other communication identifying the date required for delivery, the vendor shall, as soon as such inability is known, notify the agency seeking the commodity or service.

(g) An agency that receives notification under (f) above shall not be required to accept a delay in the original delivery date and may instead cancel the purchase.

(h) Vendors shall provide material safety data sheets with the delivery of any and all products covered by RSA 277-A, the “Worker’s Right to Know Act.”

(i) Delivery shall be made FOB to the destination specified in the requirements or specifications of the bid.

(j) Costs associated with the delivery, including but not limited to all customs duties, tariffs, and fees for shipping and handling shall be the responsibility of the bidder.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.05 Vendor Responsibility for Costs on Default {#sec-adm-606.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.05}

If a vendor fails to furnish items in accordance with all requirements or specifications of the bid or other term or condition of purchase, including delivery terms, and if the purchasing agent is, as a result thereof, compelled to purchase similar items from another source with or without competitive bidding, the original vendor shall be liable to the state for any excess costs.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.06 Invoicing Requirements {#sec-adm-606.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.06}

(a) The vendor shall submit a separate invoice for each order showing the contract number or purchase order number, unit, and extension prices, as well as all discounts allowed.

(b) Payment shall not be due until 30 days after the invoice has been received at the agency business office or all items have been delivered, inspected, and accepted by the agency, whichever is later.

(c) Discounts shall not be considered in making awards but may be offered by the vendor, and accepted by the division, for early payment on an invoice.

(d) The date from which the calculation of early payment for the purposes of a discount under (c) above shall be made shall be the date of completion of delivery or the date of receipt of the invoice, whichever is later.

(e) In orders specifying split deliveries, the date from which the calculation of early payment for the purposes of a discount under (c) above shall be made shall be the date of completion of each delivery or the date of receipt of each invoice, whichever is later.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.07 Withdrawal of Bids and Other Offers {#sec-adm-606.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.07}

(a) If a bid, proposal, quotation, or any other offer to provide commodities or services to the state of New Hampshire contains a material mistake, or if withdrawal is allowed under the requirements or specifications of the bid or any other requirement established by the division, the vendor making the bid, quotation, proposal, or other offer may, no later than the close of business on the fifth business day after the date of the opening of the bid, quotation, proposal, or other offer, or such other date, if any, specified by the division, request that the bid, proposal, quotation, or other offer be withdrawn.

(b) A request under (a) above shall:

(1) Be in writing; and

(2) Contain a narrative setting forth:

a. The nature of the mistake or, if applicable, identification of the requirement or specification of the bid that allows withdrawal;

b. The reason that the withdrawal is requested;

c. Why the mistake is material, or the reasons for concluding that withdrawal is allowed under the requirements or specifications of the bid or other requirements relative to the purchase established by the division; and

d. The reasons, if any, that the mistake occurred despite the vendor’s use of care in the making of the bid, quotation, proposal, or other offer.

(c) The director or the director’s designee shall, within 5 days of the submission of a request for withdrawal, grant a request for the withdrawal of a bid, quotation, proposal, or other offer if the director or the director’s designee concludes either that:

(1) The mistake is material and allowance of withdrawal either:

a. Would advance the purposes of RSA 21-I;

b. Is required in the interests of the integrity of the process; or

c. Would be in the best interests of the state, by avoiding the potential that commodities or services of an unacceptable quality or delivery will be provided by the vendor, or otherwise; or

(2) The withdrawal is allowed under the requirements or specifications of the bid.

(d) The burden shall be on the vendor to demonstrate to the director in its written submission that withdrawal should be allowed.

(e) Permission to withdraw a bid, quotation, or proposal shall not be required if the withdrawal is made prior to the date and time established for the submission of bids, quotations, or proposals.

(f) Withdrawal of one bid, quotation, or proposal prior to the date and time established for the submission of bids, quotations, or proposals shall not preclude a bidder from submitting another bid, quotation, or proposal prior to the date and time established for the submission of the same.

(g) Bids, quotations, or proposals shall not be withdrawn by a bidder after the date and time established for the submission of the bid, quotation, or proposal except to the extent allowed under (a) through (c) above.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.08 Commodities or Services Provided Prior to Specified Date or Without Prior Requisition {#sec-adm-606.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.08}

(a) Goods provided or services undertaken by a vendor prior to the date specified for performance of any contract or purchase order shall be at the vendor’s sole risk and, in the event that the contract or purchase order does not become effective, the state shall not reimburse the vendor for such goods or services.

(b) Except as specified in Adm 607.07 (c), agency requisitions for commodities or services that have already been supplied shall not be approved.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.09 Assignments and Subcontracts {#sec-adm-606.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.09}

A vendor shall not assign or otherwise transfer any interest in any agreement or contract with the state without the prior written consent of the state, and no work required by any contract or agreement with the state shall be subcontracted without the prior written consent of the state.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.10 Awards Not To Be Made by Line Item. {#sec-adm-606.10 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.10}

If an RFP, RFQ, RFB, or other form of purchasing request contains reference to more than one item, vendors shall be selected or recommended on the basis of the selection criteria as applied to the RFP, RFB, RFQ, or other purchasing request as a whole, rather than by applying those criteria to each individual item or line item sought by the state.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 606.11 Debarment of Vendors {#sec-adm-606.11 omnilex-key=us-nh-regs-official--agency-adm--Adm 606.11}

(a) Pursuant to RSA 21-I:11-c, no individual or business entity shall make a bid, proposal, or quotation in response to a request for bid, proposal, or quotation issued by the division if that individual or entity, or any of its subsidiaries, affiliates, or principal officers are subject to the prohibitions, limitations, or conditions listed in RSA 21-I:11-c, I(a).

(b) All individuals or business entities submitting a bid, proposal, or quotation in response to a request for bid, proposal, or quotation issued by the division shall, as part of their response, provide certification.

(c) Pursuant to RSA 21-I:11-c, I(b), failure to submit a certification noted in (b) above, the filing of a false certification or the signing of certification by an unauthorized person shall result in the automatic rejection of the bid, proposal, or quotation.

(d) Individuals or entities identified on the list described in RSA 21-I:11-c, II shall be debarred from submitting bids, quotations, or proposals to the division.

(e) The names of debarred parties shall be placed on the list of debarred parties in accordance with the processes set forth in RSA 21-I:11-c.

History

#10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 607 Purchasing Requirements for State Agencies

N.H. Code Admin. R. Ann. Adm 607.01 Types of Requisitions, Additional Approvals Required for Information Technology Purchases {#sec-adm-607.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.01}

(a) Subject to (b) and (c) below an agency shall requisition commodities and services as specified in Adm 607.04 through Adm 607.06 below, as applicable.

(b) In each requisition for commodities or services, an agency shall:

(1) Include a description of the commodities or services to be purchased, including, for commodities, whether the commodities are new or used; and

(2) Indicate whether the commodities or services to be purchased will be funded in whole or in part by federal funds.

(c) An agency shall submit requests for purchases of information technology equipment or software in excess of the amount specified in RSA 21-I:11, I(a)(8) to the chief information officer for approval through the processes of NH First.

(d) The department of information technology shall submit to the division any approvals by the chief information officer or the chief information officer’s designee for the information technology purchases described in RSA 21-I:11, I(a)(9).

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; amd by #7197, eff 2-2-00; amd by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 607.02 Brand Justification Requests {#sec-adm-607.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.02}

(a) In cases in which an agency wishes to acquire a specific brand, make, or model of product, wishes to engage the services of a particular provider, or wishes to obtain a commodity made by a particular manufacturer for purchases valued at a total price of over $1,000 the agency shall:

(1) State in the requisition the names and addresses of suggested vendors that have furnished the agency with information about the commodity or service; and

(2) Submit to the division a brand justification request.

(b) A brand justification request under (a)(2) above shall be submitted by the agency together with the requisition through NH First and include:

(1) An explanation of why the specific brand, make, or model of product, the services of a particular provider, or the commodity of a particular manufacturer is requested; and

(2) An explanation of why other brands, makes, models, providers, or manufacturers would not be acceptable.

(c) The division shall grant the agency’s brand justification request if it concludes that the specified brand, make, or model of product, the services of a particular provider, or the commodity of a particular manufacturer either:

(1) Is required for the agency making the request to fulfill its mission;

(2) Is required in order to preserve the health or safety of agency personnel or other persons; or

(3) Is necessary in view of the agency’s or state’s possession of existing equipment or other commodities which would be rendered non-functional if a brand, make, or model of product other than that specified were acquired.

(d) Neither the existence of an established relationship between a vendor and an agency, nor an agency’s possession of commodities of a particular make, model, or brand, shall, standing alone, be sufficient grounds to grant a brand justification request.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 607.03 Sole Source Requests {#sec-adm-607.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.03}

(a) Pursuant to RSA 21-I:11, I(a)(2)(B), in cases in which an agency believes that any required commodity or service is procurable from only one source or seller, the agency shall, through NH First, together with a requisition, submit a sole source request that:

(1) Identifies the name and address of the suggested vendor that it believes is the only source of the commodity or service; and

(2) Includes a statement of the reasons the agency believes that the seller is the sole source of the commodity or service requested.

(b) The commissioner shall grant the agency’s sole source request if, pursuant to RSA 21-I:11, I (a)(2)(B), reasonable investigation confirms that the requested commodity or service is procurable from only the source or seller identified by the agency.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 607.04 Requisitions for Contract Items {#sec-adm-607.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.04}

(a) An agency requisitioning goods or services under a pre-existing state contract shall do so:

(1) By submitting a requisition through NH First; or

(2) Using such other means of requisition as may be authorized in the preexisting state contract, the notice of award of contract, or other writing specifying how purchases are made under a preexisting state contract.

(b) The head of the department, or such agent or agents authorized by the agency to make the requisition, shall approve the requisition prior to submission to the division through NH First.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 607.05 Requisitions for Noncontract Items {#sec-adm-607.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.05}

(a) An agency requisitioning goods that are not under a state contract and that are valued at over $1,000 or goods valued at a total cost of $1,000 or under for which no field purchase order or procurement card authorization has been given pursuant to RSA 21-I:17-a shall do so through NH First.

(b) The head of the department, or such agent or agents authorized by the agency to make the requisition, shall approve the requisition prior to submission of the requisition to the division.

History

#6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 607.06 Field Purchase Orders and Procurement Cards {#sec-adm-607.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.06}

(a) Pursuant to RSA 21-I:17-a, I, the director may, upon written request of an agency, authorize the agency to purchase commodities directly from vendors by the use of field purchase orders as described in (b) below, or by the use of procurement cards issued for that purpose, provided that the amount of the total expenditure is $1,000 or less.

(b) On a pre-numbered field purchase order form, an agency requisitioning goods under (a) above shall provide:

(1) The date of the field purchase order;

(2) The date by which the commodity or service is required;

(3) Under the heading “ACTIVITY CODE,” the applicable activity code, if any;

(4) Under the heading “APPROPRIATION CODE,” the full appropriation code for the purchase;

(5) Under the heading “JOB NUMBER,” the number, if any, used by an agency to further track expenditures;

(6) Under the heading “COMMODITY CLASS NO.,” the commodity code number;

(7) Under the heading “BILL TO,” the name and address of the agency that is to receive the bill for the requisition;

(8) Under the heading “SHIP TO,” the name and address to which delivery is to be made;

(9) Under the heading “VENDOR,” the name and the address of the vendor that is to provide the commodity or service;

(10) Under the heading “VENDOR CODE,” the vendor code number of the vendor that is to provide the commodity or service;

(11) Under the heading “VENDOR TEL. NO.,” the telephone number of the vendor that is to provide the commodity or service;

(12) Under the heading “CONTRACT NO.,” the number assigned by the division to the preexisting state contract, if any, under which the request for commodities or services is being made by the agency;

(13) Under the column heading “QTY,” the number of units of each type of commodity or service requested by the agency;

(14) Under the column heading “UNIT,” the unit used to calculate quantity, such as gallon, dozen, gross, case, pound, or other unit of measurement;

(15) Under the column heading “DESCRIPTION,” a description of each type of commodity or service requested;

(16) Under the column heading “UNIT PRICE,” the unit price of each type of commodity or service requested;

(17) Under the column heading “EXTENSION,” the extension price;

(18) Under the heading “DOCUMENT TOTAL,” the combined total of all requests made on the form, expressed in dollars;

(19) Under the heading “SHIPPING INSTRUCTIONS,” whether:

a. Ownership of the item is not to transfer until delivery to a specified site and shipping costs are to be paid for by the vendor, with the cost of shipping then added to the vendor’s invoice for payment by the agency, indicated by checking the box entitled “PREPAY & ADD;”

b. Delivery is to be made FOB to the agency’s location, indicated by checking the box entitled “FOB DESTINATION;” and

c. There are special shipping or delivery instructions, indicated by checking the box entitled “SPECIAL” and providing a written description of those instructions; and

(20) Under the heading “RECEIVED BY, IF AGENCY PICKUP,” the signature of the person who picks up the item from the vendor, if the item is picked up by the agency from the vendor’s location.

(1) Sign the form;

(2) Provide his or her telephone number on the form; and

(3) Certify by signing the form that the purchase is made in accordance with RSA 21-I:11 and RSA 21-I:17-a.

(d) In addition to the foregoing, the agency shall provide on the field purchase order form the name and telephone number of an authorized contact person within the agency.

(e) The contents of the contract terms and conditions appearing on the field purchase order shall not be altered by the vendor, the prospective vendor, or the agency.

(f) No agency shall order the same item from the same vendor by using 2 or more consecutive field purchase orders, or by making 2 or more purchases by use of a procurement card, in such a way as to split orders that total more than $1,000.

(g) A field purchase order shall not be utilized to requisition items under a preexisting state contract unless specifically stated on the notice of contract.

(h) Performance by a vendor under or delivery by a vendor of a commodity requested under a field purchase order shall constitute the acceptance by the vendor of the contract terms and conditions appearing on the reverse of the field purchase order.

History

#6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd and moved by #9501, eff 7-6-09 (formerly Adm 607.07); ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 607.07 Immediate Purchase Authorizations {#sec-adm-607.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.07}

(a) If the head of an agency, or such agent or agents authorized by the agency to make a requisition, determines that an immediate purchase is necessary and not otherwise authorized under Adm 607.06, the agency shall contact the purchasing agent by way of e-mail or other writing, giving all information about the purchase and the circumstances requiring immediate action, including:

(1) The items required;

(2) The quantity;

(3) The source of supply;

(4) Prices;

(5) Payment terms;

(6) Appropriation code; and

(7) An explanation of why the immediate purchase is necessary:

a. For the agency to fulfill its mission; or

b. To maximize the effective use of state funds.

c. The division shall approve an immediate purchase and assign a purchase order number if it determines it is necessary:

For the agency to fulfill its mission; or
To maximize the effective use of state funds.

(b) If the need for an immediate purchase arises outside normal state working hours and the agency wishes to proceed with the purchase without prior approval in accordance with (b) above it shall comply with (a) above no later than the next business day.

History

#6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd and moved by #9501, eff 7-6-09 (formerly Adm 607.08); ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 607.08 Changes to Quantity or Scope in Purchase Orders, Requisitions, and Proposed Contracts {#sec-adm-607.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 607.08}

(a) The quantity of items or scope of services contained or incorporated in any purchase order, proposed contract, or requisition produced by the division shall not be altered by the agency without prior approval of the division.

(b) An agency may request changes to the items specified in (a) above by submitting a written request to the division.

(1) Alter the purchase by a value of 50% or more of the original value of the purchase order or contract; or

(2) Would violate the competitive bidding requirements of RSA 21-I.

History

#8310, eff 5-11-05; moved by #9501 (formerly Adm 607.09); ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 608 Agency Requirements for Plant and Property Maintenance

N.H. Code Admin. R. Ann. Adm 608.01 Repairs to Motor Vehicles {#sec-adm-608.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 608.01}

(a) Repairs to motor vehicles for amounts equal to or less than the amount established by RSA 21-I:11, I(a)(3) may be accomplished by the agency without processing through the division.

(b) A repair to a motor vehicle which exceeds the amount established by RSA 21-I:11, I(a)(3) shall be handled in accordance with the following procedure:

(1) The agency shall provide to the division a requisition in accordance with Adm 607 together with a statement of the work to be performed, including, at a minimum:

a. A complete description of the work to be performed;

b. A complete description of the parts to be supplied; and

c. An estimate of the cost of repairs;

(2) If the agency requests the use of a specific vendor, the agency shall file, in addition to the items specified in (b)(1) above, a sole source request under Adm 607.03;

(3) If a sole source request under (b)(2) above is approved, the division shall issue a purchase order that shall include instructions to the vendor; and

(4) If no sole source request is submitted, the division shall process the request in accordance with Adm 604 through Adm 606.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; amd by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 608.02 Construction {#sec-adm-608.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 608.02}

Prior to requesting a purchase through the division of public works design and construction:

(a) For new construction, alterations to existing structures, or repairs to existing structures for work contracted to be in excess of the amount established in RSA 21-I:82, II, or when the alteration or repair involves the structural integrity of a structure, the division of public works design and construction shall perform all site preparation work and develop the specifications and requirements of a bid on behalf of all state agencies.

(b) For new construction, alterations to existing structures, or repairs to existing structures in an amount less than or equal to the amount established in RSA 21-I:82, II, site preparation work and development of specifications and requirements of a bid shall, at an agency’s discretion, be performed by:

(1) An agency on its own behalf;

(2) An outside contractor; or

(3) The division of public works design and construction.

History

#4985, eff 11-19-90; ss by #6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #9501, eff 7-6-09; ss by #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 609 Disputed Matters

N.H. Code Admin. R. Ann. Adm 609.01 Bidders Questioning the Agency’s Identification of a Selected Vendor. {#sec-adm-609.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 609.01}

A bidder wishing to question the identification of a selected vendor shall follow the procedures of RSA 21-G: 37, IV.

History

#6355-A, eff 11-20-96; ss by #8193, INTERIM, eff 11-12-04, EXPIRES: 5-11-05; ss by #8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 611 State Surplus Management

N.H. Code Admin. R. Ann. Adm 611.01 Division of Procurement and Support Services {#sec-adm-611.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.01}

Adm 611.01

N.H. Code Admin. R. Ann. Adm 611.02 Division of Procurement and Support Services {#sec-adm-611.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.02}

Adm 611.02–Adm 611.06

N.H. Code Admin. R. Ann. Adm 611.03 Division of Procurement and Support Services {#sec-adm-611.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.03}

Adm 611.07

N.H. Code Admin. R. Ann. Adm 611.04 Division of Procurement and Support Services {#sec-adm-611.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.04}

Adm 611.08

N.H. Code Admin. R. Ann. Adm 611.05 Division of Procurement and Support Services {#sec-adm-611.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.05}

Adm 611.09

N.H. Code Admin. R. Ann. Adm 611.06 Division of Procurement and Support Services {#sec-adm-611.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.06}

Adm 611.10

N.H. Code Admin. R. Ann. Adm 611.07 Division of Procurement and Support Services {#sec-adm-611.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.07}

Adm 611.11

N.H. Code Admin. R. Ann. Adm 611.08 Division of Procurement and Support Services {#sec-adm-611.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.08}

Adm 611.12

N.H. Code Admin. R. Ann. Adm 611.09 Division of Procurement and Support Services {#sec-adm-611.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.09}

Adm 611.13 and Adm 611.14

N.H. Code Admin. R. Ann. Adm 611.10 Division of Procurement and Support Services {#sec-adm-611.10 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.10}

Adm 611.15

(no former rule) Adm 611.16

(no former rule) Adm 611.17

(no former rule) Adm 611.18

Adm 611 in Document #10364 replaces all prior filings for the former Adm 611 cited above. The prior filings were Document #8310, effective 5-11-05, affecting all rules in the former Adm 611, and Document #9501, effective 7-6-09, which amended the former Adm 611.03.

N.H. Code Admin. R. Ann. Adm 611.01 Definitions {#sec-adm-611.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.01}

(a) “Agency” means “agency” as defined in RSA 21-I:11, II(b), to the extent not exempt or excluded from utilization of the state surplus management system by RSA 21-I:18 or other law.

(b) “Closing date” means a date prior to the date of an auction or other competitive bidding process after which no public sale of property that is to be offered in the auction or other competitive bidding process is to be made except by means of the auction or competitive bidding process itself.

(c) “Degauss” means to demagnetize a magnetic data storage device in such a manner so as to remove all data stored on the device.

(d) “Disposal” means the disposition of state property through state surplus management pursuant to RSA 21-I:12, I(a)(6) by a means other than redistribution.

(e) “Form TDMV 19A” means a “Verification of Vehicle Identification” form produced by and available from the state of New Hampshire department of safety, division of motor vehicles, bureau of title and anti-theft, commonly known as form TDMV 19A.

(f) “Form TDMV 22A” means a “Report of Sale or Transfer of a Non-Titled Motor Vehicle” form produced by and available from the state of New Hampshire department of safety, division of motor vehicles, bureau of title and anti-theft, commonly known as form TDMV 22A.

(g) “Redistribution” means the process of redistributing state property through state surplus management pursuant to RSA 21-I:12, I(a)(6), as described in Adm 611.11 below.

(h) “State surplus management” means the system and process by which property under RSA 21-I:12, I(a)(6), is redistributed or disposed of, including, but not limited to, the redistribution or disposal of:

(1) Heavy equipment;

(2) Motor vehicles;

(3) Trucks;

(4) Plows;

(5) Equipment;

(6) Furniture; and

(7) Furnishings.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.02 Acceptance and Valuation of Items by State Surplus Management {#sec-adm-611.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.02}

(a) State surplus management shall, upon receipt of an executed IC 20 entered into NH First by the respective agency described in Adm 611.07, accept, either for redistribution or for disposal, such property as is submitted, unless it is determined that the item:

(1) Has no net value under (c) below;

(2) May not be either redistributed or disposed of without violating legal restrictions; or

(3) Was obtained by the state as the result of a forfeiture or seizure.

(b) Provided that there are no legal restrictions upon disposal of the property, state surplus management shall, upon receipt of an executed IC 20 described in Adm 611.07, accept for disposal, but not for redistribution, property submitted to it by entities that are part of New Hampshire state government which property was obtained by the state as the result of a forfeiture or seizure.

(c) In determining whether an item offered for redistribution or disposal under (a) above has any net value, state surplus management shall consider both the likely price for which the item would sell and factors bearing on the cost of accepting or disposing of the item, such as the likely cost of:

(1) The disposal of hazardous waste, if any, connected with the item;

(2) Whether transportation or cleaning of the property is required and, if so, the cost thereof;

(3) The potential cost of repair;

(4) Any costs or handling fees which may be associated with the acceptance, redistribution, or disposal of the item; and

(5) Any storage fees which may be incurred in connection with the item.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.03 Property Delivered to State Surplus Management {#sec-adm-611.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.03}

(a) An agency or other entity providing property for redistribution, for disposal, or for sale at the time of a state auction or other competitive bidding process shall:

(1) Transport the item to the surplus property warehouse at White Farm on Clinton Street in Concord, or to such other location as specified by state surplus management, unless state surplus management concludes that, because of the item’s size, nature, or present location, it is more efficient or cost-effective to redistribute or dispose of the item from its present location or to have the item picked up from that location by state surplus management; and

(2) Deliver the property in accordance with any delivery instructions provided by state surplus management.

(b) Property shall be delivered to the White Farm on Clinton Street in Concord only on days and at times when the White Farm is open to accept deliveries.

(c) Except as provided in Adm 611.05 or in (d) below, no agency or other entity submitting property for redistribution or disposal by state surplus management shall remove parts, pieces, or portions of vehicles, machinery, equipment, or other items which will be submitted to state surplus management, nor in any way diminish the item so as to render it less useful to another owner.

(d) If, at any time, an agency wishes to remove parts, pieces, or portions of vehicles, machinery, equipment, or other items which may ultimately be subject to surplus under these rules, the agency shall request permission to do so by submitting a writing to state surplus management which states:

(1) The part, piece, or portion of the property that the agency wishes to remove;

(2) The approximate value of the item to be removed and whether or not it will be included on the agency’s inventory of property under RSA 21-I:11, I(a)(5);

(3) What the agency intends to do with the removed item; and

(4) Why the agency wishes to remove the item, including a description of why the agency believes that the removal and proposed use would be financially beneficial to the agency.

(e) State surplus management shall review requests submitted under (d) above and shall make a recommendation to the commissioner or the commissioner’s designee regarding whether or not permission should be granted, including in the recommendation:

(1) An assessment of the value of property which is to be removed;

(2) An assessment of the post-removal value of the property from which the part, piece, or portion is to be taken; and

(3) Whether the removal would be in the overall financial interest of the state.

(f) The commissioner of administrative services or the commissioner’s designee shall approve the removal of parts, pieces, or portions of vehicles, machinery, or equipment under (d) above if he or she concludes that:

(1) The removal would be financially beneficial to the agency;

(2) The removal would, based upon a balancing of the financial benefit to the agency against any negative impact on state funds, be in the financial interest of the state; and

(3) If required pursuant to RSA 21-I:11, I(a)(5), the part, piece, or portion removed will be included on the agency’s inventory of property.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.04 Repairs by State Surplus Management {#sec-adm-611.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.04}

(a) The cost of any repairs conducted by state surplus management in order to maximize the potential sales price of an item submitted to it for redistribution or disposal, including the cost of purchasing parts, shall be deducted from the proceeds that are returned under Adm 611.15 or Adm 611.16.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.05 Submission of Computers or Computer Components to State Surplus Management {#sec-adm-611.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.05}

Entities that are part of New Hampshire state government that submit any computer or computer component designed to store data to state surplus management for redistribution or disposal shall:

(a) Completely remove or destroy the hard drive or other component of the computer on which data is located, or completely degauss or otherwise completely remove or destroy any data on the computer or component, including data located on any hard-drive; and

(b) Submit to state surplus management, in addition to the IC 20 described in Adm 611.07, at the time of the delivery of the computer or computer component for disposal, a completed “Data Destruction Disposition Form”, as amended 7-20-2023.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.06 Initial Estimated Disposal Value {#sec-adm-611.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.06}

(a) Pursuant to RSA 21-I:12, I (a)(6), upon acceptance of an item from any entity that is part of New Hampshire state government, other than property obtained by the state as the result of a forfeiture or seizure, state surplus management shall assign to the item an initial estimated disposal value, consisting of an estimate of the item’s likely sales price, which shall:

(1) Include an estimate of the item’s fair market value;

(2) Include the amount of any handling charge described in RSA 21-I:11, I(a)(6); and

(3) Take into account such factors as may bear upon the amount for which the item may sell, such as condition.

(b) State surplus management shall, upon an item being offered for redistribution or disposal, note on the form described at Adm 611.07 either:

(1) That the item possesses no value under (a) above; or

(2) The initial estimated disposal value.

(c) In the event that circumstances prior to the redistribution or disposal of the property indicate that the initial estimated disposal value is no longer accurate, that value shall be adjusted.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.07 Declaration of Surplus, Submission, and Forms {#sec-adm-611.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.07}

(a) Agencies as defined in Adm 611.01(a) shall:

(1) Immediately declare all surplus items, including vehicles that are no longer part of an agency's fleet, by making a NH First entry on the IC 20 screen described below; and

(2) Make a disposition of surplus property that state surplus management concludes has a value, as well as items obtained by way of forfeiture and seizure, only through the processes described in Adm 611.

(b) Unless otherwise allowed by law, agencies shall not gift state property, including but not limited to property that was used by a retiring employee in the course of his or her employment with the state, to individuals, but may request permission of the governor and executive council to make such disposition.

(c) Unless otherwise provided by law or specified in a contract entered into by the state, the obligation to declare surplus property by making a NH First entry on the IC 20 screen described below shall extend to items which an agency did not obtain by way of direct purchase, such as wood harvested from state property.

(d) Entities other than agencies as defined in 611.01(a) which are a part of state government that wish to submit property for redistribution or disposal through the state surplus management system shall do so by making a NH First entry on the IC 20 screen described below.

(e) Prior to submitting either IC 20 or surplus property, entities that are not agencies as defined in Adm 611.01(a), as well as any agency submitting property that was obtained by the state as the result of a forfeiture or seizure, shall contact state surplus management to advise that they wish to submit property for redistribution or disposal through the state surplus management system.

(f) Agencies shall complete and submit:

(1) The IC20.1 Receipts, IC20.3 IC Transaction User Fields, IC29.1 Lots, and IC29.4 User Transaction Detail User Fields which shall include:

a. The name of the agency or other entity making the submission;

b. The date that the agency or other entity completed the form;

c. A description of the item that has been declared surplus, including the item’s size, model, quantity, unit of measure, unit cost, and bin (destination at state surplus or disposal);

d. A description of the condition of the item;

e. The following codes identifying the account into which proceeds from the sale of the submitted item, if any, are to be deposited:

The revenue account code, if any, together with the activity code, if any;
The fund code;
The agency code, if any; and
The organization code;

f. The name of the contact person for the agency or other entity submitting an item(s) for surplus;

g. The name of the originator, the person who completed the form; and

h. The name of the representative of the agency or other entity who has approved the making of the declaration of surplus; and

(2) The P-11A, entitled “Surplus Vehicle Checklist”, as amended 7-20-2023, which shall be completed in addition to the IC20.1 Receipts, IC20.3 IC Transaction User Fields, IC29.1 Lots, and IC29.4 User Transaction Detail User Fields when the declaration of surplus involves a motor vehicle.

(g) If an odometer reading on a vehicle is not the actual mileage on a vehicle, the entity submitting the vehicle shall, in addition to the forms described above, submit a written statement signed by an authorized representative of the entity submitting the vehicle disclosing that the true mileage of the vehicle is unknown.

(h) On IC29.4 User Transaction Detail User Fields, the description of the condition of the item noted in (f)(1)c. above shall contain at least:

(1) A general description of the overall condition of the item, including whether or not it is functional for the purpose for which it was manufactured;

(2) A notation of any damage to the item;

(3) An indication of whether any part of the item, or piece affixed to the item, has been, or will be, removed prior to delivery to surplus property management; and

(4) An indication of whether any parts or pieces of the item are missing.

(i) In addition to the IC 20 described above, each agency or other entity submitting any computer or computer component designed to store data shall submit to state surplus management a “Data Destruction Disposition Form”, as amended 7-20-2023, described in Adm 611.05.

(j) Any agency or other entity wishing to submit property to state surplus management for redistribution or disposal shall submit the applicable forms described above to state surplus property management electronically, or at 144 Clinton Street, Concord, NH 03301-2297.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.08 Motor Vehicles {#sec-adm-611.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.08}

(a) Except as provided in (b) below, an agency or other entity submitting a motor vehicle for redistribution or disposal under these rules shall, for each vehicle, submit to state surplus property at 144 Clinton Street, Concord, NH 03301-2297, at the time of delivery of the vehicle:

(1) Two sets of keys, if available for the vehicle;

(2) Unless exempted under RSA 261:3, a certificate of title; and

(3) If exempted under RSA 261:3, either:

a. A current registration;

b. A fully executed form TDMV 19A; or

c. A fully executed form TDMV 22A.

(b) An agency or other entity submitting a trailer as defined in RSA 259:113 for redistribution or disposal under these rules shall, for each trailer, submit to state surplus property at 144 Clinton Street, Concord, NH 03301-2297, at the time of delivery of the vehicle:

(1) Unless exempt under RSA 261:3, I (j) or (k), a certificate of title;

(2) If exempt under RSA 261:3, I (j) or (k), either:

a. A current registration;

b. A fully executed form TDMV 19A; or

c. A fully executed form TDMV 22A.

(c) Motor vehicles delivered without the items required by (a) or (b) above, or without the materials required by Adm 611.07, shall not be accepted for surplus disposition.

(d) An agency or other entity submitting a vehicle for surplus distribution shall:

(1) Clean the vehicle;

(2) Remove all existing decals from the vehicle;

(3) Fill any operative fuel tank or charging system of the vehicle at least ¼ full;

(4) Fill fluid levels for the vehicle’s other operative systems; and

(5) Not deliver the vehicle in a condition in which gasoline or other potentially hazardous substances are leaking from the vehicle.

(e) An agency that wishes to procure any motor vehicle as defined in RSA 21-I:19-i, II(b) from state surplus management, by redistribution or otherwise, shall:

(1) Not do so without first following the processes of RSA 21-I:19-i and obtaining approval for the procurement of that vehicle; and

(2) Submit a copy of the approval to state surplus management.

(f) If an agency’s procurement of a vehicle through state surplus management would result in an increase in the size of an agency’s motor vehicle fleet as previously approved by the governor and executive council, the agency shall submit to state surplus management a copy of the approval for the fleet increase.

(g) Unless an agency has received permission from the governor and executive council to increase the size of its fleet, an agency that receives a vehicle, by way of redistribution or otherwise, shall, in exchange, and in addition to the form specified at Adm 611.07, submit to state surplus management, a like or similar vehicle, so that the total size of the agency’s fleet of vehicles remains unchanged.

(h) For the purposes of (g) above, unless the department of administrative services has, pursuant to RSA 21-I:19-i, allowed a purchase of a different type of vehicle to replace one which is subject to surplus, “like or similar vehicle” means a car, if the vehicle obtained by the agency is a car, a truck if the vehicle obtained by the agency is a truck, and a specific piece of heavy equipment, such as a backhoe, if the vehicle obtained is a specific type of heavy equipment, such as a backhoe.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.09 Trade-Ins {#sec-adm-611.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.09}

(a) An agency shall not utilize an item that would otherwise be declared surplus, and that would therefore be subject to redistribution or disposal under these rules, as a trade-in for goods or services that the agency intends to obtain from another entity without first contacting surplus property management and requesting authorization to use of the item as a trade-in.

(b) No item shall be used as a trade-in under (a) above unless surplus property management concludes that the proposed trade-in value is greater than the estimated disposal value of the item if it was to be offered for sale by the division.

(c) If the trade-in value is estimated by surplus property management under (b) above to be financially beneficial to the state, and authorization for trade-in is given, that authorization shall apply only to the specific transaction.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.10 Viewing of Surplus Items {#sec-adm-611.10 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.10}

Items that have been submitted for redistribution or disposal under these rules, or digital photographs thereof, shall be available for viewing at such times and at such places as the division specifies for this purpose.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.11 Redistribution of Surplus Property {#sec-adm-611.11 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.11}

(a) Items submitted to state surplus property management that are subject to redistribution and are determined to have further useful life shall be redistributed in accordance with the procedure set forth below.

(b) Agencies having a need for any item that has been or may be submitted for redistribution or disposal shall make a request for the item to surplus property management, either orally or in writing.

(c) Entities which are part of the government of the state of New Hampshire, but which are not agencies as defined in Adm 611.01 (a), that have need for any item that has been or may be submitted for redistribution or disposal may request the item from surplus property management, either orally or in writing.

(d) Requests under (b) or (c) above that remain unfilled after 6 months shall be considered cancelled.

(e) Entities that are part of the government of the state of New Hampshire, and no other person or entity, may acquire an item submitted to surplus property management which is subject to redistribution for a period of 14 days after the acceptance of the item under Adm 611.02, unless another form of disposition is warranted under RSA 21-I:12, I(a)(6).

(f) Items shall be redistributed under (e) above to agencies and entities which are part of the government of the state which have made a request under (b) or (c) above, on a first-come, first-served basis.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.12 Receipts and Invoices {#sec-adm-611.12 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.12}

All recipients of property redistributed or disposed of under these rules shall receive an invoice or receipt and shall make payment according thereto.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.13 Items Not Otherwise Redistributed {#sec-adm-611.13 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.13}

(a) If no entity wishes to acquire an item by way of redistribution under Adm 611.11, and if no other form of disposition has occurred under RSA 21-I:12, I(a)(6), the item shall, following the 14 day period set forth in Adm 611.11(e), be offered for sale to the public in the manner specified in RSA 21-I:12, I (a)(6).

(b) Any property submitted to state surplus management that is estimated to be of no net value, or no estimated disposal value, shall be discarded, returned to the custody of the entity which submitted it, or held by state surplus management for potential future sale.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.14 Closing Date {#sec-adm-611.14 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.14}

If items are to be disposed of by way of an auction or other competitive bidding process, state surplus management shall establish a closing date.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.15 Revenue Generated from the Disposal of Property {#sec-adm-611.15 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.15}

(a) Revenue generated from the disposal of property shall be distributed as follows:

(1) Revenue generated from the disposal of items that were originally purchased by the entity which submitted the item with funds from the general revenue fund under RSA 6:12 shall revert to the general fund, less the handling charge described at RSA 21-I:11, I(a)(6), any cost of pick-up under Adm 611.03(a)(1), and any cost of repairs under Adm 611.04;

(2) Revenue generated from the disposal of items that were originally purchased by the entity which submitted the item with funds from a source other than the general revenue fund under RSA 6:12, such as a restricted fund, shall revert to the fund that was originally used to procure the item, less the handling charge described at RSA 21-I:11, I(a)(6), any cost of pick-up under Adm 611.03(a)(1), and any cost of repairs under Adm 611.04; and

(3) Revenue generated from the disposal of forfeited or seized property, or from the disposal of other property, such as donated property, which did not originate with an agency purchase, shall revert to the fund used by the entity to receive payments relative to the property, less the handling charge described at RSA 21-I:11, I(a)(6), any cost of pick-up under Adm 611.03 (a) (1) and any cost of repairs under Adm 611.04.

(b) The amount of the handling charge noted in Adm 611.15(a) above shall be in an amount sufficient to cover the average actual cost of handling as specified by the commissioner, after receiving the recommendation of the director, according to the criteria set forth in RSA 21-I:11, I(a)(6).

(c) Revenue generated shall be applied first to the handling charge described in RSA 21-I: 11, I (a) (6), then to any cost of repairs under Adm 611.04, then to any cost of pick-up under Adm 611.03 (a) (1), and only the remainder, if any, shall be to applied to the account of the entity which submitted the item. If the revenue generated is insufficient to fully cover these charges and costs, no amount shall be distributed to the agency account.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.16 Charges and Procedures in the Case of Redistribution of Property {#sec-adm-611.16 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.16}

(a) If a state government entity acquires property through redistribution and pays for the redistributed property using the same source that the entity used to purchase the property initially, then the following shall apply:

(1) The acquirer shall pay to state surplus management the handling charge specified by RSA 21-I:11, I(a)(6); and

(2) The entity submitting the item to surplus shall pay the cost of repairs, if any, under Adm 611.02, and any cost of pick-up under Adm 611.03(a)(1).

(b) If a state government entity acquires property through redistribution and pays for the redistributed property using a different source than the entity used to purchase the property initially, then the following shall apply:

(1) The acquirer shall pay to state surplus management the estimated disposal value established under Adm 611.06, including the handling charge specified by RSA 21-I:11, I(a)(6); and

(2) State surplus management shall distribute the revenue generated to the particular fund used by the entity submitting the property to procure that property, less the handling charge under RSA 21-I:11, I(a)(6), any cost of pick-up under Adm 611.03 (a)(1), and the cost of repairs, if any, under Adm 611.02.

(c) If a state government entity acquires property through redistribution that was not originally purchased by another state government entity, such as donated property, then the following shall apply:

(1) The acquirer shall pay to state surplus management the estimated disposal value established under Adm 611.06, including the handling charge specified by RSA 21-I:11, I (a)(6); and

(2) State surplus management shall distribute the revenue generated to the particular fund used by the entity submitting to receive payments relative to the property, less the handling charge under RSA 21-I:11, I(a)(6), any cost of pick-up under Adm 611.03(a)(1), and the cost of repairs, if any, under Adm 611.02.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.17 Contracts for Disposition of Property Entered Into by the Division of Procurement and Support Services {#sec-adm-611.17 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.17}

If, pursuant to RSA 21-I:17-c, the division has entered into a contract for the disposition of certain property, such as a contract for recycling of materials under RSA 9-C, agencies shall use such contracts for the disposition of that property unless granted a waiver pursuant to RSA 21-I:17-c.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 611.18 Submissions to State Surplus Management by Entities Other than Agencies {#sec-adm-611.18 omnilex-key=us-nh-regs-official--agency-adm--Adm 611.18}

Entities that are part of New Hampshire state government, but which are not agencies as defined in Adm 611.01 (a), that submit property to state surplus management by the use of the form described in Adm 611.07 shall:

(a) Be deemed to agree that state surplus management may redistribute or dispose of the submitted property as provided in these rules; and

(b) Receive and make, or allow to be received or made, such distributions of funds as are provided in Adm 611.15 or Adm 611.16.

History

(See Revision Note at part heading for Adm 611) #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 612 Federal Surplus Food Distribution Program

N.H. Code Admin. R. Ann. Adm 612.01 Purpose {#sec-adm-612.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.01}

These rules set forth requirements for applicants for and participants in the following federal surplus food programs addressed in 7 CFR Chapter II Parts 210 to 299:

(a) National School Lunch Program;

(b) Child and Adult Care Food Program;

(d) Summer Camp Food Service Program;

(e) Charitable institution programs; and

(f) The Emergency Food Assistance Programs.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.02 Applicability of Federal Regulations {#sec-adm-612.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.02}

(a) The surplus distribution section shall act relative to the programs described above in a manner which accords with federal regulations relating to those programs, as set forth at 7 CFR Chapter II, Parts 210 to 299.

(b) The definitions, standards, requirements, guidelines, and procedures relative to the administration of federal food distribution programs shall be as set forth in 7 CFR Chapter II, Parts 210 to 299.

(c) Eligibility to receive commodities described in this part shall be determined in accordance with 7 CFR Chapter II, Parts 210 to 299.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.03 Definitions {#sec-adm-612.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.03}

(a) “Applicant” means an entity that requests participation in one of the programs listed in Adm 612.01.

(b) “Federal surplus food distribution program” means the program for the distribution of food donated by the United States government that is handled by the surplus distribution section under RSA 21-I:12, I(a)(7).

(d) “Letter of determination” means a writing from the United States Internal Revenue Service indicating that that the applicant has been determined to be tax exempt under 26 USC Section 501 of the Internal Revenue Code.

(e) “Surplus distribution agreement form” means a written agreement for the distribution and use of commodities donated by the United States government by which an applicant applies for participation in one of the programs listed in Adm 612.01.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.04 Application Procedure for Participation in the National School Lunch Program, Child and Adult Care Food Program, or Summer Food Service Program for Children {#sec-adm-612.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.04}

To apply for participation in the National School Lunch Program, the Child and Adult Care Food Program, or the Summer Food Service Program for Children, the applicant shall:

(a) Before submitting the "Agreement For Distribution and Use of USDA Donated Commodities” form described at Adm 612.05 below, be approved by the state department of education, food, and nutrition service as eligible for the National School Lunch matching fund program under RSA 186:13, XI;

(b) Once approved under RSA 186:13, XI, file with the federal surplus food distribution program a fully executed surplus distribution agreement form containing all information required by 7 CFR Chapter II, 250.12(b); and

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.05 Agreement for Distribution and Use of USDA Donated Commodities {#sec-adm-612.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.05}

(a) An applicant shall complete the “Agreement For Distribution and Use of USDA Donated Commodities” form, as amended 7-20-2023, if required under these rules, and in accordance with 7 CFR Chapter II, 250.12(b), provided by the surplus distribution section.

(b) The authorized representative of the applicant signing under (a)(9) above shall certify by his or her signature that the applicant agrees to the terms of the applicant’s agreement for distribution and use of commodities donated by the federal government, including any assurances regarding civil rights, which terms shall be set forth or incorporated in the form.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.06 Supporting Materials Required for Participation in the National School Lunch Program {#sec-adm-612.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.06}

In addition to the fully executed “Agreement For Distribution and Use of USDA Donated Commodities” form described in Adm 612.05 above, an applicant for participation in the national school lunch program shall submit:

(a) If the applicant utilizes or is considering utilizing a food service management company as defined in 7 CFR Chapter II, Section 250.3, a “Food Management Company” form, as amended 7-20-2023, provided by the surplus distribution section on which the applicant shall provide:

(1) The name of each facility or location that does or may utilize a food service management company;

(2) The address of each facility or location identified in (a)(1) above, including the street address, city, and state;

(3) The name of the person at each facility or location that is to be contacted regarding the facility or location’s use of a food service management company;

(4) The telephone number of each person identified in (a)(3) above;

(5) For each facility or location identified in (a)(1) above, the name of the food service management company;

(6) The address of each food service management company identified in (a)(5) above, including the street address, city, and state;

(7) The name of the person at each food service management company that is to be contacted regarding each facility or location’s use of a food services management company; and

(8) The telephone number of each person identified in (a)(7) above; and

(b) If the applicant utilizes a food service management company as defined in 7 CFR Chapter II, Section 250.3, a full copy of a written contract between the applicant and the food service management company.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.07 Supporting Material Required for Participation in the Child and Adult Care Food Program {#sec-adm-612.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.07}

In addition to the fully executed “Agreement For Distribution and Use of USDA Donated Commodities” form described in Adm 612.05 above, an applicant for participation in the child and adult care food program shall submit:

(a) If the applicant utilizes or is considering utilizing a food service management company as defined in 7 CFR Chapter II, Section 250.3, a food service management company form on which the applicant shall provide the information specified in Adm 612.06 (a);

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.08 Supporting Material Required for Participation in the Summer Food Service Program for Children {#sec-adm-612.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.08}

In addition to the fully executed agreement form described in Adm 612.05 above, an applicant for participation in the summer food service program for children shall submit:

(a) A fully executed “Rider To Agreement Form”, as amended 7-20-2023, provided by the surplus distribution section;

(c) If the applicant facility is open for 10 days or more per calendar year, a copy of the license required under RSA 485-A: 24, issued by the department of environmental services; and

(d) If the applicant is a private nonprofit organization, a letter of determination from the United States Internal Revenue Service.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.09 Application Procedure for Participation in the Summer Camp Food Service Program {#sec-adm-612.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.09}

To apply for participation in the Summer Camp Food Service Program described at 7 CFR Chapter II, 250.61, an applicant shall submit to the surplus distribution section:

(a) A fully executed “Agreement For Distribution and Use of USDA Donated Commodities” form, as amended 7-20-2023, containing all information required by 7 CFR Chapter II, 250.12(b), provided by the surplus distribution section;

(b) A fully executed “Rider to Agreement Form”, as amended 7-20-2023, provided by the surplus distribution section;

(c) In accordance with 7 CFR, Part II, Section 250.67(a), a letter of determination verifying the applicant’s tax-exempt status under the United States Internal Revenue Code;

(d) If the applicant facility is open for 10 days or more per calendar year, a copy of the license required under RSA 485-A:24, issued by the department of environmental services; and

(e) A fully executed “New Hampshire Federal Surplus Property Program (NHFSPP) Compliance Report Form”, as amended 7-20-2023.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.10 Application Procedure for Participation in Charitable Institution Programs {#sec-adm-612.10 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.10}

To apply for participation in the charitable institution program under 7 CFR Part II, Section 250.67, an applicant shall submit to the surplus distribution section:

(a) A fully executed “Agreement For Distribution and Use of USDA Donated Commodities” form containing all information required by 7 CFR Chapter II, 250.12 (b), as described at Adm 612.05 above;

(b) A fully executed “Financial Data Form”, as amended 7-20-2023, provided by the surplus distribution section;

(c) A fully executed “B-1 Form”, as amended 7-20-2023, provided by the surplus distribution section and appearing on the reverse of financial data form described in (b) above;

(d) If licensure, certification, or other approval is required from any governmental entity for the activities conducted by the applicant, such as for bedding capacity or on-site feeding, a copy of the current license, certification, or approval;

(e) If the applicant utilizes or is considering utilizing a food service management company as defined in 7 CFR Chapter II, Section 250.3, a food service management company form on which the applicant shall provide the information specified in Adm 612.06(a);

(f) If the applicant utilizes a food service management company as defined in 7 CFR Chapter II, Section 250.3, a full copy of a written contract between the applicant and the food services management company;

(g) In accordance with 7 CFR, Part II, Section 250.67(a), if the applicant is not a governmental entity, a letter of determination verifying the applicant’s tax-exempt status under the United States Internal Revenue Code; and

(h) If the applicant is an adult correctional institution, a written statement signed by an authorized representative of the applicant certifying that the institution conducts rehabilitation programs as described at 7 CFR 250.67(b)(5).

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.11 The Emergency Food Assistance Program {#sec-adm-612.11 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.11}

To be eligible for participation in the emergency food assistance program, the applicant shall meet the federal eligibility criteria and requirements established under 7 CFR Chapter II, Section 251.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.12 Records {#sec-adm-612.12 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.12}

(a) In accordance with 7 CFR, Chapter II, Section 250.16(a), each entity receiving donated foods from the surplus distribution section shall maintain accurate and complete records of the following:

(1) The amounts and values of commodities refused by school food authorities; and

(2) The data and method used to determine the number of needy persons served, including records which show the portion of the operating costs which were derived from tax funds, tax-exempt contributions, or other welfare funds.

(b) In accordance with 7 CFR, Chapter II, Section 250.16 (b), each entity receiving donated foods from the surplus distribution section shall retain the records described in (a) above for a minimum of 3 years.

(1) Maintain on file a copy of any contract entered into with a food service management company and retain the same for a minimum of 3 years;

(2) Post at its facility a copy of the department of agriculture’s "...AND JUSTICE FOR ALL" poster;

(3) Maintain on file, and retain for a minimum of 3 years, all records of temperature control checks, receipts for rodent control, and reports of loss of government foods as are required by federal or state statute or regulation or by the entity’s agreements with the surplus distribution section; and

(4) Maintain, and retain for a minimum of 3 years, copies of fully executed surplus distribution agreement forms, fully executed copies of supporting documents submitted with surplus distribution agreement forms, and all information pertaining to United States Department of Agriculture foods on file for 3 years after the close of the federal fiscal year for which they pertain.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.13 Procedures for Recipients {#sec-adm-612.13 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.13}

(a) Participants in all programs described in Adm 612 shall:

(1) Utilize the first-in, first-out system of inventory rotation known as the "FIFO System"; and

(2) Use the carton containing donated commodities marked with the oldest date before using more recently-dated cartons.

(b) Participants in programs described in Adm 612 shall practice proper handling and storage of all United States Department of Agriculture donated commodities at all times, according to the standards set forth at 7 CFR Chapter II, Section 250.14(b).

(c) Recipient agencies as defined in 7 CFR Chapter II, Section 250.3 shall pay all service charges assessed in accordance with 7 CFR Chapter II, Section 250.15(a) as are specified by the commissioner and approved by the United States Department of Agriculture.

(d) The amount of the charges noted in (c) above shall be sufficient to cover the average actual cost of handling as specified by the commissioner, after receiving the recommendation of the director according to the criteria set forth in RSA 21-I: 11, I(a)(6).

(e) The amount of the handling charge for participants in all programs described in Adm 612 except for the emergency food assistance program described in Adm 612.11, for which there will be no handling charge, shall be $3.75 per case of food distributed to participants on or after July 1, 2013.

(f) A recipient agency as defined in 7 CFR Chapter II, Section 250.3 shall notify the surplus distribution section, or any vendor retained by the surplus distribution section to store or distribute commodities, that it intends to pick up food from the section’s facility, or the vendor’s facility, at least 24 hours prior to making any pick-up.

(g) Surplus distribution recipients, and not the state, shall be responsible for loading commodities that are received at the state’s surplus distribution facility onto their trucks, for moving those commodities to their destination, and for unloading such commodities.

(h) Surplus distribution recipients, and not the state, or its vendor, if the state has retained a vendor to store or distribute commodities, shall be responsible from the point of delivery for those commodities that are received at a location other than the state’s surplus distribution facility.

(i) Surplus distribution recipients shall, at the time commodities are received, count all commodities provided.

(j) Surplus distribution recipients shall, at the time commodities are received, acknowledge, at a minimum, the following by signing and dating an invoice provided by the surplus distribution section:

(1) The types of commodities received;

(2) The quantity of each commodity received;

(3) The date of receipt;

(4) The service charge per commodity; and

(5) The total amount of service charges.

(k) If the person signing the invoice under (j) above does not believe that any of the information contained thereon is accurate, he or she shall so indicate on the invoice.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.14 Termination {#sec-adm-612.14 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.14}

(a) A recipient agency as defined in 7 CFR Chapter II, Section 250.3 that fails to yearly renew an agreement with the surplus distribution section shall be suspended from the program until such time as the entity provides the agreement.

(b) As provided by 7 CFR Chapter II, Section 250.12(c)(3), agreements with the surplus distribution section may be terminated by either party for cause upon 30 days notice.

(c) Either a recipient as defined in 7 CFR Chapter II, Section 250.3 or the surplus distribution section shall have the option to terminate any agreement under these rules provided the party gives 30 days written notice of its intent.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 612.15 Entities No Longer Wishing to Participate In the Summer Food Service Program for Children or Charitable Institution Programs {#sec-adm-612.15 omnilex-key=us-nh-regs-official--agency-adm--Adm 612.15}

Entities which have, in the previous year, been involved in the summer food service program for children or charitable institution programs that do not again wish to participate in these programs shall submit to the surplus distribution section a fully executed “Participation Form”, as amended 7-20-2023, provided by the surplus distribution section.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Part Adm 613 Federal Surplus Property Program

N.H. Code Admin. R. Ann. Adm 613.01 Purpose and Scope {#sec-adm-613.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 613.01}

(a) These rules shall apply to applicants for the federal surplus property program described in 41 CFR 102-37 and administered within this state by the surplus distribution section established under RSA 21-I:12, I(a)(7).

(b) The definitions, standards, guidelines, and procedures for determination of eligibility for public agencies, eligible nonprofit tax-exempt activities, veteran service organizations, service educational activities, small business administration activities, and veteran owned small businesses to participate in the federal surplus property program, to receive surplus property, to use this property for authorized purposes and the procedures relative to the administration of the federal surplus property program shall be as set forth in 41 CFR 102-37.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 613.02 Definitions {#sec-adm-613.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 613.02}

(a) “Eligibility application” means the document provided to the surplus distribution section by the federal surplus property program to facilitate the submission of information required under 41 CFR 102-37 and any supporting materials that are required thereby.

(b) “Federal property records” means all documents in the possession of a donee relating to property received under the federal surplus property program, including eligibility application, the surplus distribution issue sheet, and any other documents or records relating to the property, its use, or disposition.

(c) “Federal surplus property program” means the program for the distribution of surpluses or commodities donated by the United States government that is handled by the surplus distribution section under RSA 21-I:12, I(a)(7).

(d) “Letter of determination” means a writing from the United States Internal Revenue Service indicating that the applicant has been determined to be nonprofit and tax exempt under 26 USC Section 501 of the Internal Revenue Code.

(e) “Surplus distribution issue sheet” means a prenumbered form available from the surplus distribution section, to be signed by a recipient of federal surplus property at the time of distribution of the property, which comports with the requirements of 41 CFR 102-37.260.

(f) “Surplus distribution section” means the unit of that name within the purchase and property function of the New Hampshire department of administrative services, division of procurement and support services, established by RSA 21-I: 12, I(a)(7).

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; amd by #10827, eff 5-16-15; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 613.03 Applications {#sec-adm-613.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 613.03}

and Eligible Donees.

(a) To be eligible for participation in the federal surplus property program, an applicant shall:

(1) Pursuant to 41 CFR 102-37.390, be an entity that falls within the definitions of eligible entities listed in 41 CFR 102-37.380 as further defined in 41 CFR 102-37, Appendix C, “Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations”;

(2) Submit to the federal surplus property program a fully completed eligibility application; and

(3) Otherwise meet the standards for eligibility set forth in 41 CFR 102-37.

(b) Each applicant for participation in the federal surplus property program shall submit to the surplus distribution section a completed eligibility application.

(c) Applicants for the federal surplus property program, and recipients of property under that program shall abide by all provisions and requirements imposed on applicants for, and recipients of, federal surplus property under 41 CFR 102-37.

(d) Each applicant for participation in the federal surplus property program that is a nonprofit organization under 41 CFR 102-37.445 shall, in addition to a fully executed "Federal Surplus Property Program Eligibility Application”, as amended 7-20-2023, submit to the surplus distribution section:

(1) A letter of determination from the United States Internal Revenue Service verifying that the applicant has been determined to be nonprofit and tax-exempt under 26 USC Section 501, commonly known as section 501 of the Internal Revenue Code;

(2) A description, in the form of a pamphlet, letter, or other writing produced by the applicant describing the specific programs and facilities operated by the applicant;

(3) If it is a requirement of one or more of the applicant’s programs that it be approved, accredited, or licensed, within the meaning of 41 CFR 102-37.390 (b) as further defined in 41 CFR 102-37, Appendix C, “Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations,” a current copy of the applicant’s approval, accreditation, or license or any other form of documentation specified at 41 CFR 102-37.395; and

(4) If the applicant conducts programs for older individuals as defined in 41 CFR 102-37, Appendix C, “Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations,” a certification from the applicant that the program receives funds for this purpose.

(e) Each applicant for participation in the federal surplus property program that is a public agency shall, in addition to a fully executed eligibility application, submit to the surplus distribution section:

(1) If it is a requirement of one or more of the applicant’s programs that it be approved, accredited, or licensed, within the meaning of 41 CFR 102-37.390 (b) as further defined in 41 CFR 102-37, Appendix C, “Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations,” a current copy of the applicant’s approval, accreditation, or license or any other form of documentation specified at 41 CFR 102-37.395; and

(2) If the applicant conducts programs for older individuals as defined in 41 CFR 102-37, Appendix C, “Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations,” a certification from the applicant that the program receives funds for this purpose.

(f) If the applicant is a service educational activity as defined in 41 CFR 102-37.25, the applicant shall, in addition to a fully executed eligibility application, submit either:

(1) A letter from the applicant on its official letterhead, signed by an individual listed on the application form as authorized to act for the applicant, stating that it is affiliated with a specific, named service educational activity designated by the United States Department of Defense as eligible to receive surplus Department of Defense property; or

(2) A copy of the applicant’s charter, if that charter indicates that the applicant is affiliated with a specific, named service educational activity designated by the United States Department of Defense as eligible to receive surplus Department of Defense property.

(g) If the applicant is a small business administration activity, veteran service organization, or veteran owned small business under 41 CFR 102-37, the applicant shall submit such supporting materials as are required in the eligibility application.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 613.04 Length of Validity of Executed Forms {#sec-adm-613.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 613.04}

(a) Donees shall retain all federal property records for not less than 3 years, except:

(1) Records involving property subject to restrictions for more than 2 years shall be kept for one year beyond the specified period of restriction; and

(2) Records involving property in compliance status at the end of the period of restriction shall be kept for at least one year after the case is closed.

(b) Eligibility applications shall be valid either until the information submitted is no longer accurate or until the expiration of the period set forth in (c) below, whichever is earlier.

(c) Unless the information provided becomes inaccurate at an earlier date, an executed eligibility application shall be valid:

(1) In the case of a public agency, for a period of 3 years from the time of its execution; and

(2) In the case of a nonprofit organization, for whichever of the following occurs earlier:

a. The conclusion of a period of one year from the date of their submission;

b. Expiration of the activity’s nonprofit tax-exempt status; or

c. If the nonprofit organization’s eligibility is dependent upon receiving appropriations, a license, or a certification, expiration or termination of the license, certification, or appropriation.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 613.05 Eligibility and Conditional Eligibility {#sec-adm-613.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 613.05}

(a) Eligibility of an applicant for donated property shall be determined in accordance with 41 CFR 102-37.

(b) Pursuant to 41 CFR102-37.420 if an applicant’s eligibility is dependent upon receiving licensure, accreditation, or approval, and if the applicant is otherwise eligible, it shall be granted conditional eligibility if it submits a written statement from any required approving, accrediting, or licensing authority confirming that it will be approved, accredited, or licensed.

(c) Pursuant to 41 CFR 102-37.425, conditional eligibility shall not be granted to a potentially eligible nonprofit tax-exempt applicant before the surplus distribution section has received a letter of determination from the United States Internal Revenue Service stating that the applicant is exempt from federal taxation under section 501 of the Internal Revenue Code.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 613.06 Use of Property {#sec-adm-613.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 613.06}

An applicant shall acquire and use federal surplus property only for the purposes set forth in 41 CFR 102-37.435.

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 613.07 General Provisions {#sec-adm-613.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 613.07}

(a) Pursuant to 41 CFR 102-37.450 (a), all property acquired by a donee under the federal surplus property program shall be transferred and accepted on an “as is and where is” basis, without warranty of any kind.

(b) Pursuant to 41 CFR 102-37.450 (a), a donee of property under the federal surplus distribution program shall hold the state and federal governments harmless from any and all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the donation of the property, its use, or final disposition.

(c) In accordance with 41 CFR 102-37.205 (b), a donee shall take conditional title to, and all responsibility and liability for, the acquired property when the donee executes the required certifications and agreements and takes possession of the property.

(d) Unless another period is provided for in these rules or 41 CFR 102-37, property obtained under the federal surplus property program shall be put into use for the purposes for which it was acquired within one year of receipt and shall continue to be used for such purposes for one year from the date the property was placed in use.

(e) Pursuant to 41 CFR 102-37.450 (f), property obtained under the federal surplus property program shall be used for an authorized purpose during the period of restriction.

(f) Pursuant to 41 CFR 102-37.450 (b), if the section determines that property held by a donee is still usable, the donee shall return, at its own expense, any donated property that:

(1) Is not placed in use for the purposes for which it was donated within one year of donation; and

(2) Ceases to be used for the purposes for which it was donated within one year after being placed in use.

(g) Except in the case of items acquired by service education activities, passenger vehicles and other items with a unit acquisition cost of $5,000 or more shall:

(1) Be used only for the purpose for which they were acquired and no other purpose;

(2) Be put into use for the purposes for which it was acquired within one year of receipt; and

(3) Unless a further period of restriction has been specified, be used for the purposes for which they were acquired for a minimum period of 18 months from the date the property was placed in use.

(h) Pursuant to 41 CFR 102-37.450 (e), property obtained under the federal surplus property program for which the federal government imposes special handling or use limitations or conditions shall be handled and used in accordance with those limitations or conditions.

(i) Pursuant to 41 CFR 102-37.450 (g), a donee shall not cannibalize, as defined at 41 CFR 102-37.25, any item received under the federal surplus property distribution program, or sell, trade, lease, loan, bail, encumber, or otherwise dispose of property so received during the period of restriction, or remove it permanently for use outside the state, without first obtaining the permission of the federal government, conveyed in the form of written permission from the surplus distribution section.

(j) A donee wishing to obtain permission under (i) above shall submit a written request to the surplus distribution section which describes what actions the donee wishes to take and why.

(k) Pursuant to 41 CFR 102-37, Appendix B, (d), the section shall specify at the time of a return of property under (f) whether return shall be accomplished by either:

(1) Physical return of the property to the section;

(2) Retransfer directly to another donee, the state, or a federal agency; or

(3) Disposal by sale or other means.

(l) A donee returning property under (f) above shall return the property as specified by the surplus distribution section under (k) above.

(m) The following criteria shall be applied by the surplus distribution section in assessing which of the methods in (k) above will be specified:

(1) The nature of the property to be disposed of;

(2) The terms of the agreement with the donee;

(3) The particular federal requirements or instructions applicable to the property;

(4) The potential use of the property to another donee; and

(5) The efficiency or cost-effectiveness of the disposal of the property by particular means.

(n) A donee shall allow the surplus distribution section access to property received through the federal surplus property program to conduct utilization reviews in accordance with 41 CFR 102-37.480 in order to ensure that donated property is being used by the donee for the purpose for which it was donated and in accordance with federal regulations applicable to the property.

(o) Pursuant to 41 CFR 102-37.55 and RSA 21-I:11, I(a)(6), the donee shall pay all transportation costs and other direct and indirect costs incurred incident to the donated property, including packing, handling, and crating.

(p) The amount of the charge noted in (o) above shall be sufficient to cover the average actual cost of handling as recommended on an annual basis by the director according to the criteria set forth in RSA 21-I:11, I(a)(6).

(q) The charge noted in (o) above shall cover all costs involved in acquiring and distributing the surplus property, including the cost for personnel, transportation, utilities, fuel, telephone, warehousing, storage, compliance, insurance, printing, supplies, and travel.

History

#8310, eff 5-11-05; ss by #10364, dff 7-1-13; amd by #10827, eff 5-16-15; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

N.H. Code Admin. R. Ann. Adm 613.08 Termination {#sec-adm-613.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 613.08}

(a) In accordance with 41 CFR 102-37.410, if any donee fails to maintain its eligibility, distribution of property to that donee shall be terminated and any usable property still subject to federal restrictions shall be recovered.

(b) A donee that fails to comply with any written terms, restrictions, regulations, or conditions applicable to the donation shall be terminated in accordance with 41 CFR 102-37.

(c) Unless otherwise provided in the agreement or prohibited under 41 CFR 102-37, a donee may terminate an agreement provided the donee gives 30 days written notice of its intent to the surplus distribution section.

APPENDIX

Rule Number

Statute Being Implemented

Adm 601.01

RSA 21-I: 1, II (h) (i); RSA 21-I: 12; RSA 21-I: 18; RSA 21-I: 14, XII

Adm 601.02

RSA 21-I: 1, II (h) (i); RSA 21-I: 11; RSA 21-I: 12; RSA 21-I: 14, XII

Adm 601.03

RSA 21-I: 11, I (a) (2) and (3)

Adm 601.04

RSA 541-A: 7

Adm 601.05

RSA 21-I: 18, II; RSA 541-A: 16, I (b); RSA 541-A: 22, IV;

RSA 21-I: 14, XII-a; RSA 21-I: 13, I, V

Adm 601.06

RSA 21-I: 1, II (h); RSA 21-I: 14, VIII; RSA 21-I: 11, II; 59 FR 52224;

62 FR 45934; 51 FR 6370; 48 CFR Chapter I, Subpart 9.4

Adm 601.07

RSA 21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 17-a, II; RSA 541-A: 22, IV

Adm 602.01

RSA 541-A: 7; RSA 21-I: 1: II ; RSA 294-E: 2, VIII;

RSA 21-I: 13, XV, XVI

Adm 602.01 intro, (b), (ar), (at)

RSA 541-A: 7; RSA 21-I: 11: I

Adm 602.01 (a); (c); (e); (m);(x); (y);(ad);(ae); (ao); (aq)

RSA 541-A: 7; RSA 21-I: 1: II (b)

Adm 602.01 (r), (s)

RSA 541-A: 7; RSA 21-I: 11, I (a)

Adm 602.01(u)

RSA 541-A: 7; RSA 21-I: 17-a

Adm 603.01

RSA 21-I: 1, II; RSA 21-I: 11, II; RSA 21-I: 14, XII;

RSA 541-A: 16, I (b)

Adm 603.02 – Adm 603.03

RSA 21-I: 1, II; RSA 541-A: 16, I (b); RSA 541-A: 7; RSA 541-A: 19–b; RSA 21-I: 13, I, XV, XVI; RSA 21-I: 11-b; RSA 21-I: 14, XII;

RSA 21-I: 11, II; 26 USC 6109

Adm 603.04 - Adm 603.05

RSA 21-I: 1, II; RSA 541-A: 16, I (b); RSA 21-I: 14, XII; RSA 21-I: 11, II

Adm 604.01

RSA 21-I: 1, II (h); RSA 21-I: 11, II, III; RSA 541-A: 16, I (b);

RSA 21-I: 14, XII

Adm 604.01(b)

RSA 21-I: 1, II (h), (i); RSA 21-I: 11, I (a) (1) and (2); RSA 21-I: 13, I; RSA 541-A: 16, I (b); RSA 21-I: 14, XII

Adm 604.02

RSA 21-I: 1, II (h); RSA 21-I: 11, II, III; RSA 21-I: 12, I (a);

RSA 541-A: 16, I (b); RSA 21-I: 13, I, XVI; RSA 294-E: 2, VIII;

RSA 21-I: 14, XII; RSA 21-I: 22-b; RSA 541-A: 1, XV; RSA 3-C:1;

RSA 5: 18-a; RSA 6: 11, VIII; 48 CFR, Chapter I, Subpart 9.4

Adm 604.03

RSA 21-I: 13, I; RSA 21-I: 1, II (h); RSA 21-I: 11, II, III;

RSA 541-A: 16, I. (b); RSA 21-I: 14, XII

Adm 604.04

RSA 21-I: 1, II (h); RSA 21-I: 13, I.; RSA 21-I: 11-c; RSA 21-I: 14, XII; RSA 21-I: 11, II, III; RSA 21-I: 11-c; RSA 21-I: 12, I (a);

RSA 21-I: 22-b; RSA 541-A: 1, XV; RSA 3-C:1, I.; RSA 5: 18-a;

RSA 6:11, VII; 48 CFR, Chapter I, Subpart 9.4; RSA 638.20

Adm 604.05

RSA 21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 21-I: 11-c; RSA 21-I: 13, I; RSA 21-I: 14, XII; RSA 21-I: 11, II, III; RSA 541-A: 1, XV; RSA 3-C:1, I; RSA 6:11, VII; 48 CFR, Chapter I, Subpart 9.4

Adm 604.06

RSA 21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 21-I: 11, II, III;

RSA 21-I: 14, XII

Adm 604.07

RSA 21-I: 11-c; RSA 21-I: 13, I; RSA 21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 541-A: 19-b; RSA 21-I: 11, II, III; RSA 21-I: 14, XII

Adm 604.07 (d) intro

RSA 541-A: 7

Adm 604.08 – Adm 604.09

RSA 21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 541-A: 19-b;

RSA 21-I: 11, II, III; RSA 21-I: 14, XII; RSA 21-I: 11-c; RSA 21-I: 13, I

Adm 604.08 (e)

RSA 541-A: 7

Adm 604.09 (c)

RSA 541-A: 7

Adm 604.10

RSA 21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 541-A: 19 –b;

RSA 21-I: 13, I; RSA 21-I: 11, II, III; RSA 21-I: 14, XII; RSA 4: 15

Adm 605.01

RSA 21-I: 1, II (h); RSA 21-I: 11-c; RSA 541-A: 16, I (b);

RSA 21-I: 13, I; RSA 21-I: 14, XII; RSA 21-I: 11, II, III;

RSA 541-A: 1, XV; RSA 6:11, VII; 48 CFR, Chapter I, Subpart 9.4;

RSA 21-I: 11-c, V

Adm 605.02

RSA 21-I: 1, II (h); RSA 21-I: 11, II; RSA 21-I: 14, XII

Adm 605.03

RSA 21-I: 12, I (a); RSA 21-I: 1, II (g); RSA 21-I: 11-c; RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 21-I: 14, XII

Adm 606.01

RSA 21-I: 1, II (h); RSA 21-I: 11-b; RSA 541-A: 16, I (b);

RSA 541-A: 1, XV; RSA 21-I: 13, I; RSA 21-I: 13-a, II;

RSA 21-I: 11, II, III; RSA 21-I: 14, XII

Adm 606.02

RSA 21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 21-I: 14, XII

Adm 606.03

RSA 21-I: 1, II (h), (i); RSA 21-I: 13, I; RSA 21-I: 11, I (a) (1) and (2); RSA 21-I: 14, XII

Adm 606.04

RSA 21-I: 1, II (h); RSA 21-I: 13, I; RSA 541-A: 16 (b); RSA 21-I: 11, II; RSA 21-I: 12, I (a); RSA 21-I: 14, XII; RSA 277-A: 4, 5

Adm 606.05 - Adm 606.06

RSA 21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 21-I: 12, I (a); RSA 21-I: 14, XII

Adm 606.07

RSA 21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 541-A: 16 (b); RSA 21-I: 14, XII

Adm 606.08 – Adm 606.10

RSA 21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 11, II; RSA 21-I: 14, XII

Adm 606.11

RSA 21-I: 11-c; RSA 21-I: 1, II (h); RSA 21-I: 11, II; RSA 21-I: 14, XII; RSA 21-I: 13, I; RSA 541-A: 16 (b)

Adm 606.11(a)

RSA 541-A: 7; RSA 21-I: 11-c

Adm 606.11(b)

RSA 541-A: 7; RSA 21-I: 11-c

Adm 607.01

RSA 21-I: 1, II (b), (h); RSA 21-I: 13, I, V, XVI; RSA 541-A: 16 (b);

RSA 541-A: 19–b; RSA 21-I: 11, I (f); RSA 21-I: 17-a; RSA 21-I: 11, II;

A 21-I: 14, XII; RSA 21-I: 11, XI, XII

Adm 607.01 (b) intro

RSA 541-A: 7; RSA 21-I: 11, II (f)

Adm 607.01 (e)

RSA 21-I: 1, II (h); RSA 21-I: 13, I, V, XVI; RSA 541-A: 16 (b) (1);

RSA 21-I: 17-a; RSA 21-I: 11, II; RSA 21-I: 14, XII;

RSA 21-I: 11, XI, XII; RSA 21-I: 1: II (b)

Adm 607.01 (f), (g)

RSA 541-A: 7; RSA 21-I: 11, I (a) (8) and (9)

Adm 607.02

RSA 21-: 1, II (b), (h); RSA 21-I: 13, I, V; RSA 541-A: 16 (b);

RSA 541-A: 1, XV; RSA 21-I: 11, II, III; RSA 21-I: 14, XII

Adm 607.02 (b)

RSA 21-I: 1, II (h); RSA 21-I: 13, I, V; RSA 541-A: 16 (b);

RSA 21-I: 11, II, III; RSA 21-I: 14, XII; RSA 21-I: 1: II (b)

Adm 607.03

RSA 21-I: 1, II (b), (h); RSA 21-I: 13, I, V; RSA 541-A: 16 (b);

RSA 541-A: 1, XV; RSA 21-I: 11, II, III; RSA 21-I: 14, XII

Adm 607.03 (a), (b)

RSA 21-I: 1, II (h); RSA 21-I: 13, I, V; RSA 541-A: 16 (b);

RSA 21-I: 11, II, III; RSA 21-I: 14, XII; RSA 21-I: 1: II (b)

Adm 607.03 (a) intro

RSA 541-A: 7; RSA 21-I: 11, I (a) (2) (B)

Adm 607.03 (c)

RSA 541-A: 7; RSA 21-I: 11, I (a) (2) (B)

Adm 607.04 – Adm 607.05

RSA 21-I: 1, II (h), (e); RSA 21-I: 13, I, V, XVI; RSA 541-A: 16 (b);

RSA 21-I: 11, II; RSA 21-I: 14, XII; RSA 21-I: 1: II (b)

Adm 607.06

RSA 21-: 1, II (b), (e), (h); RSA 21-I: 13, V; RSA 21-I: 11, II, V.;

RSA 21-I: 14, XII; RSA 541-A: 19 –b

Adm 607.06 (b) (3)

RSA 21-I: 1, II (h), (e); RSA 21-I: 13, V; RSA 21-I: 11, II, V.;

RSA 21-I: 14, XII; RSA 21-I: 1: II (b)

Adm 607.07

RSA 21-I: 17-a; RSA 21-: 1, II (b), (e), (h); RSA 21-I: 13, I, V;

RSA 21-I: 11, II, V; RSA 541-A: 16, I (b); RSA 21-I: 14, XII

Adm 607.07 (b)

RSA 541-A: 16, I (b); RSA 21-I: 1, II (e), (h); RSA 21-I: 13, I, V.;

RSA 21-I: 11, II, III, V; RSA 21-I: 14, XII; RSA 21-I: 1: II (b)

Adm 607.08

RSA 541-A: 16, I (b); RSA 21-: 1, II (e), (h); RSA 21-I: 13, I, V.;

RSA 21-I: 11, II, III, V; RSA 21-I: 14, XII

Adm 608.01

RSA 541-A: 16, I (b); RSA 21-I: 12, I (c);

RSA 21-I: 14, XII.; 21-I: 1: II (b); RSA 21-I: 11, II, III, IV

Adm 608.01 (a)

RSA 541-A: 7; RSA 21-I: 11, I (a) (3)

Adm 608.01 (b) intro

RSA 541-A: 7; RSA 21-I: 11, I (a) (3)

Adm 608.01 (b) (1)

RSA 541-A: 16, I (b); RSA 21-I: 12, I (c); RSA 21-I: 14, XII;

RSA 21-I: 1: II (b); RSA 21-I: 11, II, III, IV

Adm 608.02

RSA 541-A: 16, I (b); RSA 21-I: 12, III; RSA 21-I: 1, II (l);

RSA 21-I: 82, II

Adm 608.03

RSA 541-A: 16, I (b); RSA 21-I:11, I (a) (1); RSA 21-I: 14, XII

Adm 609.01

RSA 541-A: 16, I (b); RSA 541-A: 1, XV; RSA 541-A: 38;

RSA 21-I: 11, II; RSA 21-I: 1, II (h); RSA 21-I: 13, I; RSA 21-I: 14, XII

Adm 609.01 (c) (2)

RSA 541-A: 7

Adm 610 - Reserved

Adm 611.01

RSA 541-A: 7

Adm 611.01 (a)

RSA 541-A: 7; RSA 21-I: 11, II (b)

Adm 611.01 (d), (g)

RSA 541-A: 7; RSA 21-I: 12, I (a) (6)

Adm 611.01 (h) intro

RSA 541-A: 7; RSA 21-I: 12, I (a) (6)

Adm 611.02

RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X;

RSA 541-A: 16, I (b); RSA 21-I: 14, X; RSA 541-A: 19-b

Adm 611.03 – Adm 611.04

RSA 21-I: 1, II (h); RSA 21-I: 12, I (c); RSA 21-I: 12, I (b), (d) and (e); RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, X;

Adm 611.03 (d) (2)

RSA 541-A: 7; RSA 21-I: 12, I (a) (5)

Adm 611.03 (f) (1) e. 1. and 3.

RSA 21-I: 1: II (b); RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e);

RSA 21-I: 13, I, V, X; RSA 541-A: 16, I (b) (1)

Adm 611.03 (f)

RSA 541-A: 7; RSA 21-I: 1, II (b), (h); RSA 21-I: 12, I (a) (5) – (7);

RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, X

Adm 611.05

RSA 21-I: 1, II (h); RSA 21-I: 11, I (b); RSA 21-I: 12, I (d);

RSA 21-I: 13, I, V, X; RSA 541-A: 16, I (b); RSA 541-A: 1, XV;

RSA 541-A: 19-b

Adm 611.06

RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 11, VIII;

RSA 21-I: 13, I, V, X; RSA 541-A: 16, I (b); RSA 21-I: 14, X

Adm 611.06 (a)

RSA 21-I: 1, II (h); RSA 21-I: 12, I (a) (5) – (7); RSA 21-I: 11, I (a) (6); RSA 21-I: 13, I, V; RSA 541-A: 16, I (b); RSA 21-I: 14, X

Adm 611.07

RSA 21-I: 1, II (b), (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X; RSA 541-A: 16, I (b); RSA 541-A: 19 –b; RSA 541-A: 1, XV;

RSA 21-I: 14, X

Adm 611.08

RSA 21-I: 1, II. (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X;

RSA 541-A: 16, I (b); RSA 21-I: 14, X; RSA 21-I: 19-i

Adm 611.09

RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X;

RSA 541-A: 1, XV; RSA 21-I: 14, X

Adm 611.10

RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X;

RSA 541-A: 1, XV; RSA 541-A: 16, I (b)

Adm 611.11

RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X;

RSA 541-A: 16, I (b); RSA 541-A: 1, XV; RSA 541-A: 7; RSA 21-I: 14, X

Adm 611.11 (e)

RSA 21-I: 1, II (h); RSA 21-I: 12, I (a) (5) – (7); RSA 21-I: 13, I, V;

RSA 541-A: 16, I (b); RSA 541-A: 1, XV; RSA 541-A: 7; RSA 21-I: 14, X

Adm 611.12

RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, V, X

Adm 611.13

RSA 21-I: 1, II (h); RSA 21-I: 12, I (c) – (e); RSA 21-I: 13, I, X;

RSA 21-I: 14, X

Adm 611.13 (a)

RSA 21-I: 1, II (h); RSA 21-I: 12, I (a) (5) – (7); RSA 21-I: 13, I, X;

RSA 21-I: 14, X

Adm 611.14

RSA 21-I: 1, II (h); RSA 541-A: 16, I (b); RSA 21-I: 12, I (c) – (e);

RSA 21-I: 13, I, X

Adm 611.15 – Adm 611.16

RSA 21-I: 1, II (a), (c) – (e), (h); RSA 21-I: 11, I (a) (6); RSA 21-I: 13, I, X; RSA 21-I: 14, XI; RSA 21-I: 12, I (a) (5) and (6)

Adm 611.17

RSA 21-I: 17-c; RSA 21-I: 13, I, X; RSA 21-I: 1, II (a), (c) – (e), (h);

RSA 21-I: 12, I (c) – (e); RSA 9-C

Adm 611.18

RSA 21-I: 13, I, X; RSA 21-I: 1, II (a), (c) – (e), (h);

RSA 21-I: 12, I (c) – (e); RSA 541-A: 16, I (b)

Adm 612.01

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

7 CFR, Chapter II, Parts 210 – 299; RSA 21-I: 1, II (h)

Adm 612.02

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

7 CFR, Chapter II, Parts 210 – 299; RSA 541-A: 7

Adm 612.03

RSA 541-A: 7

Adm 612.03 (b)

RSA 541-A: 7; RSA 21-I: 12, I (a) (7)

Adm 612.13 (d)

RSA 541-A: 7; RSA 21-I: 11, I (a) (6); RSA 21-I: 12, I (a) (7)

Adm 612.04

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA 186: 13, XI;

7 CFR Chapter II, 250.12; 7 CFR, Chapter II, Parts 210, 226, 225;

RSA 21-I: 1, II (h)

Adm 612.05

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

RSA 541-A: 19–b; 7 CFR Chapter II, 250.12; RSA 21-I: 1, II (h)

Adm 612.06

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

RSA 541-A: 19–b; 7 CFR Chapter II, Part 210; RSA 21-I: 1, II (h)

Adm 612.07

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

RSA 541-A: 16, I (b); 7 CFR Chapter II, Part 226;

7 CFR Chapter II, Section 250.12; RSA 21-I: 1, II (h)

Adm 612.08

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

RSA 541-A: 19–b; 7 CFR Chapter II, Part 225, 215; RSA 485-A: 24;

CFR Chapter II, Sect. 250.21; 7 CFR Chapter II, Section 250.12;

RSA 21-I: 1, II (h)

Adm 612.09

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

RSA 541-A: 19–b; 7 CFR Chapter II, Section 250.62;

7 CFR Chapter II, Section 250.12; 7 CFR Chapter II, Sect. 250.21;

7 CFR Chapter II, Sect. 250.67; RSA 485-A: 24; RSA 21-I: 1, II (h)

Adm 612.10

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

RSA 541-A: 19–b; 7 CFR Chapter II, Section 250.12;

7 CFR Chapter II, Sect. 250.67; RSA 21-I: 1, II (h)

Adm 612.11

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

7 CFR Chapter II, Part 251; RSA 21-I: 1, II (h)

Adm 612.12

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X; RSA 21-I: 1, II (h); 7 CFR Chapter II, 250.16 (a), (b)

Adm 612.13

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

7 CFR Chapter II, 250.14; 7 CFR Chapter II, Section 250.15;

RSA 21-I: 11, VIII; RSA 21-I: 14, XI; RSA 541-A: 16, I (b);

RSA 21-I: 1, II (h)

Adm 612.14

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

7 CFR Chapter II, Section 250.12; RSA 21-I: 1, II (h)

Adm 612.15

RSA 21-I: 12, I (e); RSA 21-I: 13, X; RSA 21-I: 14, X;

7 CFR Chapter II, Section 250.12 (c); 7 CFR Chapter II, 250.40;

7 CFR Chapter II, 250.41; 7 CFR Chapter II, Part 225;

RSA 541-A: 16, I.(b); RSA 21-I: 1, II(h)

Adm 613.01

41 CFR 102-37; RSA 21-I:13, X; RSA 21-I: 12, I (a) (7)

Adm 613.01(a)

RSA 541-A:7; RSA 21-I:12, I (a) (7); 41 CFR 102-37; RSA 21-I:13, X

Adm 613.02

RSA 541-A:7

Adm 613.02 (b), (e)

RSA 541-A:7; RSA 21-I:12, I (a) (7)

Adm 613.03

RSA 21-I:13, X; RSA 541-A:16, I (b); RSA 21-I: 12, I (a) (7);

RSA 541-A:19–b; 41 CFR 102-37, Appendices B and C; 41

CFR 102-37.25; 41 CFR 102-37.380; 41 CFR 102-37.390;

41 CFR 102-37.395; 14 CFR 102-37.400; 41 CFR 102-37.445

Adm 613.04

RSA 21-I:12, I (e); RSA 21-I:13, X.; RSA 21-I: 12, I (a) (7);

41 CFR 102-37, Appendix B, paragraph (p); 41 CFR 102-37.405

Adm 613.05

RSA 21-I:13, X; 41 CFR 102-37; RSA 21-I: 12, I (a) (7)

41 CFR 102-37.425; 41 CFR 102-37, Appendix B

Adm 613.06

RSA 21-I:13, X; RSA 541-A:16, I (b);

41 CFR 102-37.435; 41 CFR 102-37.260; 41; CFR 102-37.200 – 205; RSA 21-I: 12, I (a) (7); 41 CFR 102-37.390; 41 CFR 102-37.445; 41 CFR 102-37.450

Adm 613.07

RSA 21-I:13, X; RSA 541-A:16, I (b);

41 CFR 102-37.450; 41 CFR 102-37, Appendix B;

41 CFR 102-37.480; 41 CFR 102-37.205; 41 CFR 102-37.280;

41 CFR 102-37.55; RSA 21-I:11, VIII.; 40 USC Section 484 (j) (4) (D); 41 CFR 102-37.25; RSA 21-I: 12, I (a) (7)

Adm 613.07 (o)

RSA 541-A:7; RSA 21-I:11, I (a) (6); 41 CFR 102-37.55; RSA 21-I: 12, I (a) (7)

Adm 613.07 (p)

RSA 541-A:7; RSA 21-I:11, I (a) (6); RSA 21-I: 12, I (a) (7)

Adm 613.08

RSA 21-I:13, X; RSA 541-A:16, I (b); RSA 21-I: 12, I (a) (7);

41 CFR 102-37; 41 CFR 102-37.410

History

#8310, eff 5-11-05; ss by #10364, eff 7-1-13; ss by #13422, eff 7-30-22; ss by #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 600)

Chapter Adm 700 Loss Prevention

Part Adm 701 Definitions

N.H. Code Admin. R. Ann. Adm 701.01 Definitions {#sec-adm-701.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 701.01}

Terms in this chapter shall have the following meanings:

(a) “Agency” means any department, commission, board, institution, bureau, office or other executive-branch entity established by statute, session law or executive order, unless it is part of a larger executive-branch entity or exempt pursuant to RSA 21-I:18, I(c);

(b) “Poor Driving Record” means a motor vehicle record that includes the following types of convictions during the three years prior to the date of the report:

(1) Measured from the date of violation, not the conviction date:

a. One or more convictions for violating an RSA listed in Saf-C 212.03 (e);

b. Two or more convictions for violating an RSA listed in Saf-C 212.03 (d); or

c. A combination of three or more convictions for violating an RSA listed in Saf-C 212.03 (c) or (d); and

(2) Any conviction under the laws of another state, of any violation which would have constituted a violation specified in Saf-C 212.03 (c), (d), or (e), under the circumstances described in (b) (1) above; and

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

Part Adm 702 People Responsible for Controlling Risk

N.H. Code Admin. R. Ann. Adm 702.01 Responsibilities of an Agency Head {#sec-adm-702.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 702.01}

(a) The head of each agency shall:

(1) Ensure compliance with the rules in this chapter;

(2) Devote resources adequate to carry out such rules;

(3) Include safety metrics in management reporting; and

(4) Endorse written agency safety policies required by Adm 704.01 through approval of the introductory policy statement.

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

N.H. Code Admin. R. Ann. Adm 702.02 Designation of Agency Risk Management Coordinator {#sec-adm-702.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 702.02}

(a) The head of an agency with 50 or more employees shall designate a risk management coordinator to act as liaison between the agency and the unit.

(b) The risk management coordinator shall be:

(1) An employee with direct access to the agency head or his or her designee; and

(2) Invested with authority adequate to carry out her or his responsibilities under this chapter.

(1) The name and title of the agency risk management coordinator; and

(2) The name and title of the new agency risk management coordinator whenever a new agency risk management coordinator is appointed.

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

N.H. Code Admin. R. Ann. Adm 702.03 Responsibilities of the Agency Risk Management Coordinator {#sec-adm-702.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 702.03}

The responsibilities of the agency risk management coordinator shall be to:

(a) Familiarize the following people with the contents of this chapter:

(1) The head of the agency that designated him or her;

(2) The joint loss management committee established pursuant to Lab 603.02; and

(3) The person designated pursuant to Lab 603.03(g)(1) as knowledgeable about site-specific safety requirements and accountable for their implementation and adherence;

(b) Help the people listed in (a) above to:

(1) Identify potential health and safety hazards at the work site;

(2) Develop written safety programs complying with Adm 704 to reduce such hazards;

(3) Develop safety metrics for management reporting, such as:

a. Rates of incidence for worker-related injuries compared against national or state averages;

b. Number of work-related injuries;

c. Types of work-related injuries; and

d. Workers’ Compensation costs; and

(4) Comply with rules adopted by the department of labor and the unit;

(d) Receive from the unit information on financial claims against the state that are attributed to the agency by the unit;

(e) Check the accuracy of, and make available to his or her agency, the information contained in the report listed in (d) above; and

(f) Represent the agency at trainings relating to loss prevention when such trainings are given by the unit.

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

Part Adm 703 Agency Obligations with Respect to Health and Safety

N.H. Code Admin. R. Ann. Adm 703.01 Agency Obligation With Respect to Written Health and Safety Program {#sec-adm-703.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 703.01}

(a) Each agency with 15 or more employees shall have a written health and safety program meeting the requirements of Adm 704.

(b) Each agency shall make its written health and safety program available to every agency employee:

(1) When the employee is first hired;

(2) Annually thereafter;

(3) When any change is made in the written safety program; and

(4) Upon the employee's request.

(c) Each agency shall provide training to its employees specific to the hazards associated with the employees' particular duties.

(d) Each agency shall:

(1) Review its written health and safety program annually; and

(2) Update the program if circumstances so require.

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

N.H. Code Admin. R. Ann. Adm 703.02 Obligation to Submit Current Written Health and Safety Program to the Unit {#sec-adm-703.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 703.02}

(a) At the request of the unit, an agency shall make available a copy of its current written health and safety program.

(b) The unit shall review and recommend to the agency such changes as would:

(1) Be more effective in reducing risk and protecting employee health and welfare; and

(2) Resolve any conflict with rules adopted by the commissioner of the department of labor.

(1) Written acknowledgment of receipt of the unit's recommendations; and

(2) A statement of the agency's plan for following the recommendations.

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

N.H. Code Admin. R. Ann. Adm 703.03 Obligation to File a Completed Department of Labor Form WCSSF {#sec-adm-703.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 703.03}

Each agency created after the effective date of this rule with 15 or more employees, and each agency with 15 or more employees if it has not previously done so, shall file a completed department of labor form WCSSF pursuant to Lab 602.02.

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

Part Adm 704 Written Health and Safety Programs

N.H. Code Admin. R. Ann. Adm 704.01 Elements of the Written Health and Safety Program {#sec-adm-704.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 704.01}

(a) The agency's written health and safety program shall include:

(1) An introductory policy statement:

a. Relating to agency employees the overall goal of the written health and safety program;

b. Conveying to agency employees the importance of their reporting any hazards they perceive;

c. Stressing that health and safety are as important as any other business of the agency; and

d. Noting that the agency head is committed to the health and safety of agency employees;

(2) A plan to complete, at least annually, the health and safety inspections for hazard identification required by Lab 603.03(g)(2);

(3) A written plan meeting the requirements of Lab 602.01(d) for:

a. Medical services;

b. Emergency response;

c. First aid; and

d. Accident reporting and investigation; and

(4) Written plans for identified hazards written from time to time pursuant to Adm 704.02.

(b) Plans written pursuant to (a)(3) and (a)(4) above shall be designed, as applicable, to:

(1) Protect the health of employees;

(2) Improve the safety of the workplace;

(3) Reduce the chance of financial loss; and

(4) Comply with the rules of the department of labor.

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

N.H. Code Admin. R. Ann. Adm 704.02 Plans for Identified Hazards {#sec-adm-704.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 704.02}

Each agency with 15 or more employees, on or after the effective date of this rule, shall develop the following plans in consultation with the unit:

(a) If any agency intends to have employees operate state-owned vehicles, a fleet auto accident reduction plan including, but not limited to, provisions for:

(1) Checking the prior motor vehicle records of such state employees;

(2) Preventing the use of state-owned vehicles by employees with poor driving records by periodically checking motor vehicle records;

(3) Requiring employees to report convictions impacting their motor vehicle record to the agency;

(4) Ensuring that the agency head will receive a report of every motor vehicle accident;

(5) Establishing an agency accident review committee to review every motor vehicle accident involving the employees of the agency;

(6) Ensuring that each employee who will drive a state-owned vehicle has completed a defensive driving course before driving such vehicle; and

(7) Ensuring that each employee is required to take a refresher defensive driving course every three years;

(b) To determine whether an employee has a poor driving record under (a) (2) above an agency shall apply the definition found in Adm 701.01 (b) or, in the alternative, may develop its own definition of poor driving record, provided that such alternative definition is specified in the fleet auto accident reduction plan;

(c) If any employee works indoors, a plan relating to water incursion and indoor air quality including, but not limited to, provisions for:

(1) Reducing damage to state owned property whenever water incursion occurs;

(2) Responding to employee indoor air quality complaints; and

(3) The submission to the unit of a completed indoor air quality incident report form whenever water incursion occurs or air quality is otherwise compromised; and

(d) As other health and safety hazards are identified through inspection or otherwise, a plan:

(1) Complying with the rules of the department of labor;

(2) Protecting the health of employees;

(3) Improving the safety of the workplace; and

(4) Reducing the chance of financial loss.

APPENDIX

Rule

Statute

Adm 701

RSA 541-A:7

Adm 702 - 704

RSA 21-I:7-c, I and II

History

#9072, eff 1-12-08; ss by #11126, eff 6-24-16

Chapter Adm 800 in Document #13708 therefore replaces all prior filings for rules in the former Part Adm 610.

Part Adm 801 Scope

N.H. Code Admin. R. Ann. Adm 801.01 Scope {#sec-adm-801.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 801.01}

(a) These rules shall apply to all agencies renting or seeking to rent space in a building through the department of administrative services’ division of plant and property, to the extent not exempted by RSA 21-I:18 or other law.

(b) These rules shall not apply to:

(1) Rental agreements arising by virtue of the department’s responsibilities regarding court facilities under RSA 490-B;

(2) The rental of land as opposed to space within a building; or

(3) The rental of space by an agency, department, branch of government, or any other organizational division of the state of New Hampshire to any other agency, department, branch of government, or other organizational division of the state of New Hampshire.

(c) The first phase of the process of obtaining leased space, known as Phase I, shall be as described below at Adm Part 806. The design and development phase, known as Phase II, shall be as described at Part 807.

(d) Procedures for finalizing rental agreements at no cost or at a cost which is equal to or greater than the governor and council approval threshold, including the form of leases or license agreements in such instances, shall be as described at Part Adm 808.

(e) Procedures for finalizing rental agreements at a cost less than the governor and council approval threshold, including the form of leases or license agreements in such instances, shall be as described at Part Adm 809.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 802 Definitions

N.H. Code Admin. R. Ann. Adm 802.01 Definitions {#sec-adm-802.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 802.01}

(a) “Architectural barrier-free design committee” means the permanent committee on architectural barrier-free design established by RSA 275-C:11.

(b) “Clean air” means air quality which meets the standards relative to indoor air quality within space inhabited by a state agency established pursuant to RSA 10-B.

(d) “Division” means the division of plant and property within the department of administrative services, established by RSA 21-I: 11, I (c).

(e) “Exclusive rental” means the rental of space in a building by an agency on a full-time basis, with no other entity having the right to occupy the space, other than areas specifically designated as common areas.

(f) “Extension” means a clause within a rental agreement exercised at the agency's option, allowing an extension of the contract’s expiration date to a new, predetermined expiration date, while maintaining the same terms and conditions as specified within the rental agreement.

(g) “Governor and council approval threshold” means the amount at or above which the governor and executive council specify, pursuant to RSA 4:15, that their approval is necessary in order for an agency to enter into a lease or license agreement, information regarding which is available from the department.

(h) “Initial rental agreement” means the lease of, or license agreement relating to, space within a building, executed on behalf of an agency when there exists no prior lease or license agreement for the rental of that particular space by the agency.

(i) “Lease” means a written agreement between a state agency and an individual or association offering the exclusive rental of space within a building.

(j) “Lessor” means an individual or association that rents space to a state agency under a lease agreement.

(k) “Letter of interest” means a letter signed by a person authorized to make statements on behalf of an individual or association that is interested in offering particular space for rent to the state, which letter contains the information described at Adm 806.04.

(l) “License agreement” means a written agreement for the use of the premises of another, for rent, on other than an exclusive basis.

(m) “Licensor” means an individual or association that rents space to a state agency under a license agreement.

(n) “Local newspaper of general circulation” means a newspaper that:

(1) Is published at least once a week;

(2) Receives wide distribution, with or without subscription, to members of the public in the municipality in which leased space is sought; and

(3) Is regularly used by members of the public to advertise rental property in the community in which leased space is sought.

(o) “Master list of leased property” means the central inventory maintained by division of all physical space used by the state, as described at RSA 21-I:12, II(a)(2).

(p) “Renewal” means a rental agreement negotiated for the same space as was previously occupied by an agency, to go into effect after the expiration of an earlier rental agreement.

(q) “Rent” means to obtain or offer space within a building that is possessed by an individual or association other than the state of New Hampshire, by means of a written agreement.

(r) “Rental agreement” means either a lease or a license agreement.

(s) “Rental package" means all documents relating to a lease or a license agreement as described in Adm 807.03 and Adm 809.02, whichever is applicable.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 803 General Requirements

N.H. Code Admin. R. Ann. Adm 803.01 General Requirements {#sec-adm-803.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 803.01}

(a) Agencies subject to these rules:

(1) Shall not begin any procedure for the purpose of renting space, nor take any steps to rent space, without first contacting the division;

(2) Shall consult with the division in developing materials under both phase I and phase II of the leasing process, as described below;

(3) Shall seek to enter into a rental agreement only according to the procedures set forth in these rules;

(4) Shall not enter into a rental agreement without having first obtained the recommendation of the division pursuant to Adm 805.01 below; and

(5) Shall not enter into a rental agreement without having first obtained the approvals required under Adm 805.02 below.

(b) All rental agreements shall be typewritten or printed in computer-generated typescript.

(c) Unless otherwise authorized by these rules or otherwise allowed by law, an agency wishing to rent space shall seek to procure such space by soliciting letters of interest and competitive proposals for a written rental agreement.

(d) All rental agreement selection processes made by or through the division shall be subject to cancellation by the state at any time and these rules shall not be construed to impose any obligation on the part of the state to continue a selection process once initiated, or to impose an obligation on the part of the state to enter into a particular contract or purchase.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 804 Waivers and Cancellations

N.H. Code Admin. R. Ann. Adm 804.01 Waiver Procedure {#sec-adm-804.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 804.01}

(a) A waiver from the provisions of these rules shall be granted by the commissioner if requested by an agency and the commissioner concludes that:

(1) The waiver is allowed by law;

(2) The agency is required by law or by instruction of the governor and executive council to meet a deadline to obtain leased space sooner than the time periods established by these rules; and

(3) The waiver is the result of circumstances beyond the agency’s control.

(b) An agency requesting a waiver under (a) above shall do so in a writing that contains a detailed description of why the waiver is necessary, including an explanation of how the request for a waiver comports with the standards set forth in (a) above.

(c) The commissioner shall waive the provisions of these rules, regardless of whether an agency has so requested, if the commissioner concludes either that:

(1) Waiver is required under the standards set forth at (a) above;

(2) The purpose of the rule sought to be waived would be achieved even if waiver were given and the waiver is necessary to advance the purposes of RSA 21-I;

(3) The waiver is required by law; or

(4) A waiver is warranted to:

a. Comply with the law relative to the topics set forth herein; or

b. Achieve the purposes of RSA 21-I.

(d) A waiver granted under this section shall not be permanent in nature and shall only apply to the particular circumstances giving rise to the issuance of the waiver.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 804.02 Cancellation of Selection Process {#sec-adm-804.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 804.02}

(a) The division or commissioner shall, at any time in the process, cancel any rental agreement selection process, design development and proposal process, or selection process when the division or commissioner concludes that the continuation of the particular process or rental is not in the best interests of the state of New Hampshire.

(b) For the purposes of (a) above, the division or commissioner shall cancel, decline to enter into any agreement, or decline to recommend entry into any agreement, if the division or commissioner concludes either that:

(1) Such action is warranted so as to avoid the potential that space of an unacceptable quality, price, type, or other term of agreement will be provided to the state;

(2) Such action is warranted under the terms of the particular rental selection process;

(3) Such action is warranted so as to enable an agency to fulfill its mission, or for the state to maximize the effective use of funds or other resources;

(4) Such action is required in view of funding constraints;

(5) Such action would be likely to enable the state to address its needs in a more timely, efficient, or cost-effective manner than would continuation of the process;

(6) Such action is warranted so as to comply with statutory law, case law, or these rules, or to advance the purposes of RSA 21-I or these rules; or

(7) Such action is otherwise warranted to foster the integrity of the process.

(c) Cancellation under the foregoing paragraphs shall not preclude the initiation of a new process for the selection of rented space in regard to the matter cancelled.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 805 Recommendations, Lease Format, and Approvals

N.H. Code Admin. R. Ann. Adm 805.01 Recommendations {#sec-adm-805.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 805.01}

(a) Pursuant to RSA 21-I:12, II(a)(1), the personnel of the division assigned to manage rentals shall provide to the director:

(1) For proposed rental agreements at no cost or at a cost equal to or exceeding the governor and council approval threshold over the total duration of the agreement, a synopsis of each proposed lease, and his or her recommendations relative to approval or rejection of the proposed rental agreement; or

(2) For proposed rental agreements for a cost that is less than the governor and council approval threshold over the total duration of the agreement, his or her recommendations relative to approval or rejection of the proposed rental agreement.

(b) The director shall, pursuant to RSA 21-I:12, II(a)(1), provide the recommendations under (a) above to the commissioner.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 805.02 Required Format and Approval of Rental Agreements {#sec-adm-805.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 805.02}

(a) Proposed rental agreements that an agency wishes to enter into at no cost or at a cost equal to or exceeding the governor and council approval threshold over the duration of the agreement shall, in addition to such other requirements as are imposed by these rules:

(1) Require approval of the governor and executive council in accordance with RSA 4:15 and such general regulations adopted thereunder;

(2) Require the approval of the New Hampshire department of justice;

(3) If a lease, be submitted to the division in the format specified at Adm 808.01; and

(4) If a license agreement, be submitted to the division in a format containing the information specified at Adm 808.02.

(b) Proposed rental agreements that an agency wishes to enter into at a cost less than the governor and council approval threshold over the duration of the agreement shall, in addition to such other requirements as are imposed by these rules:

(1) Require the approval of the commissioner;

(2) If a lease, be in the format specified at Adm 809.03; and

(3) If a license agreement, contain the information specified at Adm 809.04.

(c) The commissioner shall, if a rental process is not cancelled by the state, issue approval under (b)(1) above if the commissioner concludes that the agreement:

(1) Is in conformity with space needs of the state;

(2) Meets the requirements of these rules for which no waiver has been given;

(3) Is in accordance with the laws relative to the transaction and would not result in a violation of those laws;

(4) Is financially beneficial to the state; and

(5) Does not circumvent the state budget or budgetary process established by the legislature.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 806 Phase I of Selection Process – Solicitation of Property and Initial Review

N.H. Code Admin. R. Ann. Adm 806.01 Phase I - Public Notice {#sec-adm-806.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 806.01}

(a) Except when exercising an option for an extension of an existing rental agreement, as defined at Adm 802.01(f) above, or when subject to the exemption set forth at Adm 806.06 below, an agency seeking to rent space shall give public notice, at least once, in a local newspaper of general circulation no later than 6 months prior to the date that the agency intends to seek approval under Adm 805.02 above.

(b) The public notice shall contain at least the following information:

(1) A statement that letters of interest are being sought from parties wishing to be included in the rental agreement design development and proposal process;

(2) The name of the agency seeking the rental agreement;

(3) The location where the space to be rented is sought;

(4) The size of the space required;

(5) The duration of rental agreement that is sought;

(6) The deadline for submission of letters of interest;

(7) The name, physical address, and telephone number of the person to contact for additional information and to whom all letters of interest shall be addressed; and

(8) The statement that additional information and requirements regarding the requested rental are available from the person identified in (7) above and are available on-line, together with the web address where such information is available.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 806.02 Phase I – Additional Information to be Made Available by the Agency at the Time of Public Notice {#sec-adm-806.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 806.02}

(a) At the time of the public notice referred to in Adm 806.01 above, the agency seeking to rent space shall promulgate and maintain at its physical address, in addition to the information listed in Adm 806.01 above, the following additional information regarding the space that it is seeking:

(1) The usable square foot size of the space required;

(2) Whether or not the proposed lessor or licensor will be required to provide utilities as a part of the rent;

(3) Whether or not the proposed lessor or licensor will be required to provide custodial services as a part of the rent;

(4) A statement that the proposed lessor or licensor will be required to comply with RSA 275-C and any rules adopted thereunder by the architectural barrier-free design committee, as it relates to renting space;

(5) A statement that the proposed lessor or licensor will be required to comply with RSA 10-B “clean indoor air in state buildings”, and any rules adopted thereunder which relate to the renting of space;

(6) In accordance with RSA 21-I:19-a, an explanation of the energy efficiency measures considered, including, if applicable, those which the property would be required to meet for renovations, new construction, reconstruction, alteration, or maintenance of the property under RSA 155-A:13, together with any energy efficiency requirements imposed by operative executive orders.

(7) An explanation of the manner in which the proposed lessor or licensor will be required to engage in waste reduction and recycling measures under chapter RSA 9-C;

(8) A copy of a blank draft rental agreement that it is anticipated a lessor or licensor would be required to execute if selected;

(9) A specification of any special type of interior space, or functional requirements, desired by the agency;

(10) A specification of any other special requirements relative to the rental;

(11) The requirements for provision of parking relating to the rented space;

(12) Whether or not the agency is willing to share identified facilities, such as rest rooms, with other tenants, or whether instead such facilities must be provided solely for the use of the agency;

(13) The deadline for submission of letters of interest;

(14) A statement that all letters of interest must be in writing;

(15) A statement specifying the items that must be included in a letter of interest, as further specified in Adm 806.04 below;

(16) A statement that any design development for renovating, improving, modifying, or otherwise changing the proposed premises in order to meet the agency’s needs shall be at the landlord’s sole expense, and that planning or executing such renovations, improvements, modifications, or other changes does not guarantee that a binding rental agreement will be entered into by the state;

(17) A statement that all letters of interest must be received by no later than the deadline for submission specified in the public notice;

(18) A statement that information submitted by the proposed lessor or licensor as part of a letter of interest, in connection with any subsequent proposal, or as part of a subsequent lease or license agreement is subject to public disclosure under RSA 91-A;

(19) A statement that, under RSA 9-F:1, any lease or license agreement ultimately entered into is subject to posting on a state website;

(20) A statement that if the proposed lessor or licensor is selected to proceed to Phase II, the proposed lessor or licensor will be required to submit a statement signed under penalty of unsworn falsification as described in RSA 21-I:11-c and further defined in Adm 604.08(d); and

(21) The name of the person in the agency who may be contacted for further information, together with that person’s telephone number and physical address.

(b) The agency seeking the rental shall provide the information listed in (a) above to the division, which shall post this additional information on its web site for the duration of the period specified for the submission of letters of interest.

(c) The agency shall provide the information noted in (a) above, upon request, to any individual or association responding to a public notice or requesting such information in order to engage in the rental agreement design development and proposal process specified in Adm 807.01 below.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 806.03 Phase I - Responses to Notices {#sec-adm-806.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 806.03}

Each individual or association wishing to engage in the rental agreement design development and proposal process specified in Adm 807.01 below shall:

(a) Prior to the submission of any letter of interest, either:

(1) Request from the agency, and review, the information noted in Adm 806.02(a) above; or

(2) Review the information noted in Adm 806.02(a) above on the division’s web site.

(b) Submit a letter of interest in writing to the address specified in the notice, prior to the deadline for submission set forth in the notice; and

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 806.04 Phase I - Content of Letters of Interest {#sec-adm-806.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 806.04}

Letters of interest shall contain the following information:

(a) A statement that the submitting party wishes to offer a particular property for review in response to a specified public notice or other specified request by the state for a letter of interest;

(b) A statement that the submitting party presently believes that it would, if selected, be willing to accept the terms and conditions of the draft rental agreement noted in Adm 806.02(a)(8) above;

(d) A statement that the person submitting the letter of interest is legally authorized to do so;

(e) The street address of the property offered for consideration;

(f) The approximate square footage of the property offered;

(g) A brief description of the building of which the proposed property is a part, including at least the following:

(1) The number of floors;

(2) Whether or not all utilities and other services related to the occupancy of the building are currently operable;

(3) Whether there is an operable elevator in the building;

(4) Whether the space is currently vacant;

(5) Whether the space is in good repair;

(6) If the space is in need of renovation, improvement, modification, or other change prior to being usable for the purposes identified by the agency, a listing of the renovations, improvements, modifications, or changes needed;

(7) A listing of the current occupants of the building and the location of those users within the building;

(8) A description of the parking facilities that would be available to the agency if the space was rented, together with the location of that parking; and

(9) Such other information, if any, as may be specified in the agency’s public notice or other request for letters of interest; and

(h) An appendix consisting of a map diagram of the area surrounding the location of the proposed property which:

(1) Highlights the location of the property;

(2) Shows the uses of the property in the area surrounding the proposed property; and

(3) Shows the nature of any businesses in the area surrounding the proposed property.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 806.05 Phase I - Initial Review of Potential Properties Following Public Notice {#sec-adm-806.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 806.05}

(a) Following the deadline for submissions of letters of interest, an agency shall advise the division of the content of all letters of interest received.

(b) Following the deadline for receipt of letters of interest, the agency shall, if the selection process has not been cancelled by the state, conduct an initial review of proposed properties, consisting of an evaluation of each property to determine whether it meets or exceeds the requirements set forth under Adm 806.01 and Adm 806.02 above.

(c) In conducting its initial review of proposed properties under (b) above, the agency shall consider factors including the following:

(1) The suitability of the property to the agency’s specified business needs, including the suitability of the proposed property’s physical location to the type of activity that is proposed to take place at the site, and the compatibility of activities taking place near the proposed rental property to the activities proposed to take place at the property; and

(2) Whether the proposed property either:

a. Meets the requirements set forth by the agency in the public notice or other specification of the desired space; or

b. Has the potential to meet the requirements set forth by the agency in the public notice or other specification of the desired space if proposed renovations, modifications, improvements, or other changes to the property were to take place.

(d) Following the initial review of proposed properties, the agency shall, if the selection process has not been cancelled by the state, within 30 working days of the deadline for submission of letters of interest, inform those entities submitting letters of interest whether the property submitted for consideration either:

(1) Is viable for design development, including the development of contractual specifications for any renovations, improvements, modifications, or other changes required and the development of a price for any proposed space; or

(2) Does not fulfill the requirements of the public notice or other property specifications, or is incompatible with the agency’s business needs, and therefore will not be given further consideration.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 806.06 Exemptions and Waivers from Public Notice Requirement {#sec-adm-806.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 806.06}

(a) The rental of space at no cost or at a cost less than the governor and council approval threshold for the total duration of the agreement shall be exempt from the notice, response, and initial selection requirements set forth in Adm 806.01 and Adm 806.03 through Adm 806.05 if:

(1) The agency submits to the division the information required by Adm 806.02 ; and

(2) The agency provides the division with a detailed written description of the reasons why the requested rental is in the best interest of the agency and the state as a whole.

(b) Notwithstanding (a) above, if an agency so desires, it may elect to utilize the notice, response, and initial selection requirements set forth in Adm 806.01 and Adm 806.03 through Adm 806.05 in the case of rentals of space at no cost or at a cost less than the governor and council approval threshold for the total duration of the agreement.

(c) The commissioner shall, on written request of an agency seeking a rental of space at a cost equal to or greater than the governor and council approval threshold, grant a waiver from the notice, response, and initial selection requirements set forth in Adm 806.01 and Adm 806.03 through Adm 806.05 if the commissioner concludes either that:

(1) The immediate procurement of rented space is necessary as the result of:

a. The partial or complete destruction of other space;

b. The existence of a health hazard;

c. Manmade or natural disasters;

d. Changes in statutory, case law, administrative rules, or the interpretation thereof; or

e. Other circumstances which render it necessary to procure space more swiftly than would be possible by the utilization of the notice, response, and initial selection requirements of these rules; or

(2) The proposed rental:

a. Relates to space that is, or will, prior to agency occupancy, be renovated, improved, modified, or otherwise changed to be in compliance with applicable handicapped accessibility standards, clean air standards, and applicable safety, fire, and building codes; and

b. Is in the best interests of the state and can be obtained at a cost that compares favorably to the current price of similar space for rent, or similar space that is currently rented by the state.

(d) In determining, under (c)(2)b. above, whether a rental is in the best interests of the state and can be obtained at a cost that compares favorably to the current price of similar space, the commissioner’s assessment shall include, but not be limited to, an assessment of the possible disruption to public access and programs, the state's incurrence of relocation expenses, and lost productivity.

(e) A request for a waiver under (c)(2) above shall be rejected if any substantiated complaints relating to the issues described in (c)(2)a. above have been made against the property, or are revealed upon investigation of the proposed property by the division, and if the proposed lessor fails to produce evidence that the issues have been, or are scheduled to be, corrected.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 807 Phase Ii of Process - Selection and Approval

N.H. Code Admin. R. Ann. Adm 807.01 Phase II - Rental Agreement Design Development and Proposal Process {#sec-adm-807.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 807.01}

(a) Following an agency’s initial selection of the property or properties that are potentially suitable for rental, the agency shall, in consultation with the division and the proposed landlord’s architectural representatives, if the process has not been cancelled by the state, develop architectural drawings, design development plans, parking, and site plans and specifications for each property under consideration.

(b) Architectural drawings, design development plans, and specifications under (a) above shall accurately reflect the anticipated scope of work to be conducted on all interior and exterior spaces at each proposed property.

(1) Unless architectural drawings and specifications have been provided by the division on behalf of the agency, the development of any architectural drawings and specifications;

(2) The creation of design development plans for renovating, improving, modifying, or otherwise changing the proposed space in order to meet the needs of the agency;

(3) The development of any written materials which may be required under Adm 806.02(a)(6) or (7);

(4) Any actual renovations, improvements, modifications, or changes to such space; and

(5) Any other costs associated with the design and development process.

(d) Planning or executing such plans, renovations, improvements, modifications, or changes relative to the space shall not guarantee that a binding rental agreement will be entered into by the state.

(e) If the agency and division conclude that architectural drawings and specifications and design development plans for renovating, improving, modifying, or otherwise changing the proposed property have been developed which meet the agency’s requirements, the agency shall, if the process has not been cancelled by the state, inform each proposed landlord under consideration of the date by which the items specified in (f) below must be provided.

(f) The proposed landlord or landlords shall, if the process has not been cancelled by the state, submit to the agency a proposal relative to the property that shall, at a minimum:

(1) Be submitted prior to the submission deadline established under (e) above;

(2) Be in writing, signed by the individual making the proposal or a representative of the association making the proposal who is authorized to make the proposal on behalf of the association;

(3) Indicate that the individual or association presently believes that it would be willing, if selected, to provide space that complies with the architectural drawings, design development plans, parking, and site plans and specifications developed under this section, according to the terms of the draft rental agreement;

(4) Describe the space offered, with reference to any architectural drawings, specifications, and design development plans created;

(5) State the price of the rental, calculated both by total price over the duration of the proposed agreement and according to a schedule of payments;

(6) State that the proposed price shall be held for at least 180 days;

(7) State whether any information submitted as part of the proposal is claimed to be exempt from public disclosure pursuant to RSA 91-A; and

(8) Pursuant to RSA 21-I:11-c, include a statement signed under penalty of unsworn falsification as described in RSA 21-I:11-c and further defined in Adm 604.08(d).

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 807.02 Agency’s Selection of Proposed Property {#sec-adm-807.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 807.02}

(a) Following receipt of proposals under Adm 807.01 above, if the process has not been cancelled by the state, the agency shall, in consultation with the division, review all proposals received and determine which of the proposals received meet the criteria under Adm 806.01 and 806.02 above, and of those proposals meeting said criteria, which offers compliance at the lowest cost.

(b) The failure to submit the statement prescribed in Adm 807.01(g), the filing of a false statement, or the filing of a statement signed by a person who is not authorized to do so on behalf of the proposed landlord or landlords shall result in the automatic rejection of the proposal.

(c) When conducting its consultation with the division under (a) above, the agency shall provide the division with copies of the materials it received under Adm 807.01.

(d) Following the selection of a proposed property by the agency, the agency shall request approval of the rental agreement according to the rules set forth below.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 807.03 Procedure for Requesting Approval of Rental Agreements at No Cost or with a Total Value Equal to or Greater than the Governor and Council Approval Threshold {#sec-adm-807.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 807.03}

(a) Following an agency’s selection of the proposal that it wishes to accept under Adm 807.02 above, the agency shall, if the process has not been cancelled by the state:

(1) Apply for a recommendation from the architectural barrier-free design committee in accordance with RSA 275-C;

(2) Apply for approval of clean air standards testing results in accordance with RSA 10-B, or include in the text of the rental agreement conditions stating that:

a. Within 30 days of the rental agreement being approved by the governor and executive council, a clean air testing report conducted in compliance with RSA 10-B shall be submitted for approval; and

b. Any deficiencies revealed in the report noted in a. above as needing correction shall be remedied in a timely manner;

(3) Obtain estimates for the following services, if any, if not provided by the proposed lessor or licensor under the terms of the proposed rental agreement:

a. Utilities;

b. Custodial services;

c. Renovations;

d. Modifications;

e. Repairs; and

f. Recycling; and

(4) Confer with the New Hampshire department of justice if any amendments or modifications to the standard language of the proposed rental agreement have been proposed.

(b) At least 3 weeks before requesting that the governor and executive council approve the proposed lease or license agreement the agency shall, if the process has not been cancelled by the state, submit to the division:

(1) The original completed rental agreement specified under Adm 808.01 or Adm 808.02 bearing the signatures of the agency and the proposed lessor or licensor, together with all attachments required by the rental agreement and the signature of the representative of the New Hampshire department of justice indicating approval of the agreement pursuant to Adm 808.01(g) or Adm 808.02(g);

(2) All other materials, including copies and cover letter, that the agency intends to submit to the governor and executive council; and

(3) Plans and specifications, including:

a. Accurate floor plans of the rental space which are:

Measured to scale; and
Signed and dated by the proposed lessor or licensor and the agency, indicating that the plans are mutually accepted;

b. If designated parking spaces are included in the agreement, an accurate site plan which:

Depicts the parking spaces and their location relative to the building and site to which they are associated; and
Is signed and dated by the proposed lessor or licensor and the agency, indicating that the plan is mutually accepted; and

c. If improvements, new construction, or renovations are to be made, accurate floor plans and detailed specifications which:

Identify the work that is to be undertaken and the means, methods, and materials of undertaking that work; and
Are signed and dated by the proposed lessor or licensor and the agency, indicating that the plans are mutually accepted.

(1) The square footage measurements of all portions of the rented space;

(2) Assigned room names or numbers;

(3) Any proposed furniture lay-out which is included as part of the rental;

(4) The lay-out of any rest rooms, including the location of fixtures;

(5) The path of travel from the entrances to the building to the entrance of the rented space; and

(6) In addition to the depiction of the spaces intended for an agency’s exclusive use, a depiction of any space which is to be shared or used in common with other building occupants.

(d) The submission to the division of the materials under (b) and (c) above shall constitute a request by the agency for the division’s recommendation as to the proposed lease or license agreement.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 808 Content of Rental Agreements at No Cost or Above the Governor and Council Approval Threshold

N.H. Code Admin. R. Ann. Adm 808.01 Form of Leases at No Cost or with a Total Value Equal to or Greater than the Governor and Council {#sec-adm-808.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 808.01}

Approval Threshold.

(a) In regard to leases at no cost or with a total value equal to or greater than the governor and council approval threshold for the duration of the agreement, the proposed lessor selected and the agency shall, if the process has not been cancelled by the state, execute a standard lease agreement available from the division as set forth below.

(b) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, an agency shall provide at least the following on a standard lease agreement available from the division:

(1) The date of the lease;

(2) The full name of the proposed lessor;

(3) If applicable, the state where the proposed lessor is incorporated;

(4) The street address of the proposed lessor’s principal place of business, including street number, street, city, state, and zip code;

(5) The proposed lessor’s telephone number;

(6) The name of the department entering into the lease;

(7) The full address of the tenant’s primary business office;

(8) The tenant’s telephone number;

(9) The location of the space to be leased, including the street number, street, city, state, and zip code;

(10) A description of the specific area of space to be leased, including square foot measurements and a description of the space’s location in the building;

(11) The effective dates of the lease;

(12) The duration of the lease and the dates that occupancy and rental payments will begin and end;

(13) A description of any extensions of term;

(14) The annual and monthly rental amount, including any annual escalation in rent anticipated during the term;

(15) The date when the first month’s rent is due;

(16) Whether or not provisions have been made for the payment of additional rent in certain defined circumstances;

(17) Whether or not the proposed lessor will provide utilities included in the annual rent and, if not, the utilities not included;

(18) Provisions defining the lessor’s maintenance responsibilities in regard to the premises;

(19) The purpose for which the premises shall be used;

(20) General terms and conditions including:

a. A provision regarding indemnification;

b. A provision indicating that no provision in the lease is intended to be, nor shall it be, interpreted by either party to be a waiver of sovereign immunity;

c. A provision indicating that the lease will be interpreted according to the laws of New Hampshire;

d. A provision indicating that the lease embodies the entire agreement between the parties and supersedes all prior agreements relating to the subject matter of the lease; and

e. A provision indicating that the agreement may only be modified or amended by mutual agreement, in a writing signed by the parties, and that no amendment will become effective without the approval of the governor and executive council;

(21) Whether or not the proposed lessor will provide janitorial services included in the annual rent and if so, a schedule describing the services that will be provided;

(22) Whether or not certain improvements are to be made to the space either prior to or after tenant occupancy and if so, a statement of which party will be responsible for undertaking those improvements;

(23) The name of the agency entering the lease;

(24) The full name and title of the person authorizing the lease on behalf of the agency;

(25) The full name of the individual or association who will be entering the lease as a lessor; and

(26) The name and title of the person authorizing the lease on behalf of the proposed lessor.

(c) The standard lease agreement available from the division shall contain a provision indicating that the lease and the commencement of its term, and any extensions thereof, is conditioned upon its approval by the governor and executive council.

(d) The terms and conditions of a standard lease agreement available from the division shall not be modified or amended without first obtaining the recommendation and approval of the New Hampshire department of justice.

(e) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, each standard lease agreement submitted by an agency for approval shall have attached thereto each of the following exhibits or attachments:

(1) A schedule of annual and monthly payments due during the initial term and during any extended term of the lease;

(2) If janitorial services are to be provided by the proposed lessor, a description of those services and how they shall be performed;

(3) A description of the provisions that are either in place or are contractually agreed to be performed in the future in order to assure architecturally barrier-free access leading into and extending throughout the lease space, to the extent required by RSA 275-C and the federal Americans with Disabilities Act;

(4) Proof, in the form of a letter signed by the committee on architectural barrier-free design established pursuant to RSA 275-C, that the agency has received an opinion from that committee regarding whether the leased space meets barrier-free requirements;

(5) A description of the provisions made for testing for, and complying with, applicable clean air quality standards for state buildings in accordance with RSA 10-B, or a certificate of compliance with clean air quality standards;

(6) A statement regarding the manner in which any waste materials for which markets are readily available will be recycled in accordance with RSA 9-C:3;

(7) If any modifications, amendments, or other alterations have been made to the standard lease agreement, the text of those changes;

(8) A current certificate of insurance from the proposed lessor, indicating that the proposed premises are insured in the amounts specified in the proposed lease or addenda thereto;

(9) If not provided by the proposed lessor under the terms of the proposed rental agreement, estimates for the following services:

a. Utilities;

b. Custodial services;

c. Renovations;

d. Modifications;

e. Repairs; and

f. Recycling;

(10) If the proposed lessor is a New Hampshire corporation, partnership, or other form of business association, a current certificate of good standing, certificate of existence, or other documentation from the New Hampshire secretary of state indicating that the proposed lessor is duly constituted and in good standing in the state of New Hampshire;

(11) If the proposed lessor is a corporation, partnership, or other form of business association not formed in New Hampshire, documentation from the New Hampshire secretary of state that the proposed lessor is registered to do business in New Hampshire; and

(12) If the proposed lessor is not an individual, a fully executed certificate of authority, in such format as is specified following consultation with the New Hampshire department of justice, indicating that the corporation or other entity has resolved to enter the agreement and that corporate officers or other representatives of the entity are authorized to act in regard thereto.

(f) The proposed parties to the lease shall provide authorized and notarized signatures in the spaces provided on the standard lease agreement, but such lease shall not be effective unless and until approved by the New Hampshire department of justice and the governor and executive council.

(g) The standard lease agreement shall contain spaces in which an authorized representative of the New Hampshire department of justice shall, if he or she approves of the agreement, provide his or her signature and the date thereof.

(h) The standard lease agreement shall contain spaces in which the approval of the governor and executive council, if any, shall be noted by the office of the secretary of state, together with the date of such approval.

(i) The clauses of the standard lease agreement shall incorporate any attached exhibits by reference.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 808.02 Content of License Agreements at No Cost or with a Total Value Equal to or Greater than the {#sec-adm-808.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 808.02}

Governor and Council Approval Threshold.

(a) In regard to license agreements at no cost or with a total value equal to or greater than the governor and council approval threshold for the duration of the agreement, the proposed licensor selected and the agency shall, if the process has not been cancelled by the state, and unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, execute a licensing rental agreement containing the information set forth below.

(b) The license agreement shall contain at least the following:

(1) The name and address of the proposed licensor and the agency renting space;

(2) A description of the space to be rented, including the street address, location within the building, and square footage of the space being rented;

(3) The specific hours, days, or times of occupancy by the agency;

(4) A description of the business purpose of the agreement;

(5) If the agreement includes the right to use services existing at the premises, such as telephones, photocopiers, or internet services, a description of the services and the terms under which they are offered, including price;

(6) The commencement and expiration dates of the agreement;

(7) A provision indicating that the agreement and the commencement of its term, and any extensions thereof, is conditioned upon its approval by the governor and executive council;

(8) The fee for the use of the premises, calculated both according to any periodic payments and by total cost over the duration of the agreement;

(9) A provision regarding the insurance that the proposed licensor shall maintain;

(10) General terms and conditions including:

a. A provision regarding indemnification;

b. A provision indicating that no provision in the license is intended to be, nor shall it be, interpreted by either party to be a waiver of sovereign immunity;

c. A provision indicating that the license will be interpreted according to the laws of New Hampshire;

d. A provision indicating that the license embodies the entire agreement between the parties and supersedes all prior agreements relating to the subject matter of the license; and

(11) The name of the agency entering the license;

(12) The full name and title of the person authorizing the license on behalf of the agency;

(13) The full name of the individual or association that will be entering the license as a licensor; and

(14) The name and title of the person authorizing the license on behalf of the proposed licensor.

(d) The terms of a license agreement described in (b) above shall be contained in any license agreement submitted for approval by the agency unless a modification or amendment thereof has been approved by the New Hampshire department of justice.

(e) Unless modified, amended, or otherwise altered following consultation with the New Hampshire department of justice, the license agreement shall have attached thereto the following:

(1) If janitorial services are to be provided by the proposed licensor, a description of those services and how they shall be performed;

(2) A description of the provisions that are either in place or are contractually agreed to be performed in the future in order to assure architecturally barrier-free access leading into and extending throughout the licensed space, in accordance with RSA 275-C and the federal Americans with Disabilities Act;

(3) Proof, in the form of a letter signed by a representative of the committee on architectural barrier-free design established pursuant to RSA 275-C, that the agency has received an opinion from that committee regarding whether the licensed space meets barrier-free requirements;

(4) A current certificate of insurance, indicating the existence of insurance in an amount specified in the license agreement;

(5) If the proposed licensor is a New Hampshire corporation, partnership, or other form of business association, a current certificate of good standing, certificate of existence, or other documentation from the New Hampshire secretary of state indicating that the proposed licensor is duly constituted and in good standing in the state of New Hampshire;

(6) If the proposed licensor is a corporation, partnership, or other form of business association not formed in New Hampshire, documentation from the New Hampshire secretary of state that the proposed licensor is registered to do business in New Hampshire;

(7) If the proposed licensor is not an individual, a fully executed certificate of authority, in such format as specified following consultation with the New Hampshire department of justice, indicating that the corporation or other entity has resolved to enter the agreement and that corporate officers or other representatives of the entity are authorized to act in regard thereto;

(8) A description of the licensed space, including its square footage and location within the building to be used by the agency; and

(9) If the annual rent is not a fixed amount throughout the duration of the term, a schedule of annual and monthly payments due during the initial term and during any extended term of the license, referencing any and all provisions of the license that define the annual rent.

(f) The parties to the license agreement shall provide their authorized and notarized signatures on the license agreement, but such license agreement shall not be effective unless and until approved by the New Hampshire department of justice and the governor and executive council.

(g) A standard license agreement shall contain spaces in which an authorized representative of the New Hampshire department of justice shall, if he or she approves of the agreement, provide his or her signature and the date thereof.

(h) A license agreement shall contain spaces in which the approval of the governor and executive council, if any, shall be noted by the office of the secretary of state, together with the date of such approval.

(i) A license agreement shall contain, as an attachment, a cover letter submitted or to be submitted by the agency to the governor and executive council, requesting authority to enter into the license agreement.

(j) The clauses of a license agreement shall incorporate any attached exhibits by reference.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 809 Content and Process for Approval of Rental Agreements at a Cost Less Than the Governor and Council Approval Threshold

N.H. Code Admin. R. Ann. Adm 809.01 Procedure for Requesting Approval of Rental Agreements at a Cost Less than the Governor and {#sec-adm-809.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 809.01}

Council Approval Threshold. Following an agency’s selection of a property that it wishes to rent at a cost less than the governor and council approval threshold, the agency shall, if the process has not been cancelled by the state:

(a) If not provided by the proposed lessor or licensor under the terms of the proposed rental agreement, obtain estimates for the following services:

(1) Utilities;

(2) Custodial services;

(3) Renovations;

(4) Modifications;

(5) Repairs; and

(6) Recycling;

(b) In the case of a lease agreement, submit to the division the rental package described at Adm 809.02 below, including:

(1) The completed and fully signed rental agreement described at Adm 809.03 bearing the signatures of the agency and the proposed lessor;

(2) All attachments required by the agreement; and

(3) If any modifications, amendments, or other alterations have been made to the standard lease agreement, the signature of a representative of the New Hampshire department of justice indicating approval of the change;

(c) In the case of a license agreement, submit to the division the rental package described at Adm 809.02 below, including:

(1) The completed and fully signed rental agreement described at Adm 809.04 bearing the signatures of the agency and the proposed lessor;

(2) All attachments required by the agreement;

(3) If any modifications, amendments, or other alterations have been made to the content required under Adm 809.04, the signature of a representative of the New Hampshire department of justice indicating approval of the changes; and

(4) Plans and specifications as noted in Adm 807.03 (b) (3), a., b., and c; and

(d) If any amendments or modifications to the language of a lease agreement as set forth at Adm 809.03 or the contents of a license agreement as set forth at Adm 807.04 are desired to be made in the rental agreement, confer with the New Hampshire department of justice regarding the modifications or amendments.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 809.02 Rental Package for Rental Agreements at a Cost Less than the Governor and Council Approval {#sec-adm-809.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 809.02}

Threshold. The completed rental package for rental agreements at a cost less than the governor and council approval threshold shall contain:

(a) A cover letter requesting the division’s recommendation on the rental agreement, and containing the following information:

(1) The reason why the agency chose the proposed lessor or licensor named on the rental agreement;

(2) The best estimate of the cost of services and items that might result in a cost to the agency that is not included in the rental agreement, including but not limited to the following:

a. Utilities, including estimates for the annual average costs of heat, electricity, and water;

b. Estimated annual costs of maintenance, custodial, snow removal, and cleaning services;

c. Projected costs of any repairs, improvements, renovations, modifications, or other changes to be made to the rented space; and

d. Any other costs, including the cost of recycling, which costs shall be itemized; and

(3) Specifications regarding the agency that is to occupy the rented space, which specifications shall include:

a. The agency name and names of subsections;

b. The number of staff positions that are to occupy the rented location; and

c. The total square footage of the space to be rented;

(b) If the rental agreement is a proposed lease, the original and one copy of the completed and fully signed rental agreement, in the set forth in Adm 809.03, together with all attachments; and

(c) If the rental agreement is a proposed license agreement, the original and one copy of the completed and fully signed rental agreement containing the information noted at Adm 809.04.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 809.03 Form of Leases at a Cost of Less than the Governor and Council Approval Threshold {#sec-adm-809.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 809.03}

(a) In regard to leases at a cost less than the governor and council approval threshold over the duration of the agreement, the proposed lessor and the agency shall, if the process has not been cancelled by the state, execute a standard lease agreement available from the division.

(b) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, an agency shall provide, on the standard lease agreement available from the division, at least the information set forth at Adm 808.01(b) above.

(d) The terms and conditions of a standard lease agreement available from the division shall not be modified or amended except upon approval of the New Hampshire department of justice.

(e) Unless modified, amended, or otherwise altered following consultation with the New Hampshire department of justice, in order to address the specific circumstances of the particular agreement, each standard lease agreement submitted for approval shall have attached thereto each of the following exhibits or attachments:

(1) If any modifications or amendments to the standard rental agreement have been made, the text of those changes;

(2) A current certificate of insurance from the proposed lessor indicating that the proposed premises are insured in the amounts specified in the proposed lease or in attachments or addenda thereto;

(3) If the proposed lessor is a New Hampshire corporation, partnership, or other form of business association, a current certificate of good standing, certificate of existence, or other documentation from the New Hampshire secretary of state indicating that the proposed lessor is duly constituted and in good standing in the state of New Hampshire;

(4) If the proposed lessor is a corporation, partnership, or other form of business association not formed in New Hampshire, documentation from the New Hampshire secretary of state that the proposed lessor is registered to do business in New Hampshire;

(5) If not provided by the proposed lessor under the terms of the proposed rental agreement, estimates for the following services:

a. Utilities;

b. Custodial services;

c. Renovations;

d. Modifications;

e. Repairs; and

f. Recycling;

(6) A printed copy of an accurate floor plan of the leased space, measurable to scale, which shall include an illustration of the space that is to be for the agency's sole use, and any space to be shared with other building occupants;

(7) If provision of designated parking spaces is included in the lease, an accurate plan depicting the parking spaces and their relation to the building and site;

(8) A schedule of annual and monthly payments due during the initial term and during any extended term of the lease;

(9) If janitorial services are to be provided by the proposed lessor, a description of those services and how they shall be performed;

(10) A description of the provisions that are either in place or are contractually agreed to be performed in the future in order to assure architecturally barrier-free access leading into and extending throughout the lease space, to the extent required by RSA 275-C and the federal Americans with Disabilities Act;

(11) A description of the provisions made for testing for, and complying with, clean air quality standards for state buildings in accordance with RSA 10-B, or a certificate of compliance with clean air quality standards;

(12) A detailed description of any improvements, renovations, modifications, new construction, or other changes to be made at the premises, containing accurate, measurable floor plans depicting all proposed demolition and or new construction, and the specifications for all new construction and materials;

(13) A statement regarding the manner in which any waste materials for which markets are readily available will be recycled, in accordance with RSA 9-C:3; and

(14) If the proposed lessor is not an individual, a fully executed certificate of authority, in such format as is specified by the division following consultation with the New Hampshire department of justice, indicating that the corporation or other entity has resolved to enter the agreement and that corporate officers or other representatives of the entity are authorized to act in regard thereto.

(f) The proposed parties to the lease shall provide authorized and notarized signatures in the spaces provided on the standard lease agreement, but such lease shall not be effective unless and until approved by the commissioner according to the standards set forth at Adm 805.02(c).

(g) Any recommendation issued by the New Hampshire department of justice for any modifications or amendments of the standard lease agreement may be noted by the New Hampshire department of justice either on the proposed lease agreement or in an attachment thereto.

(h) The standard lease agreement shall contain a space in which the approval of the commissioner, if any, shall be noted, together with the date of such approval.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 809.04 Content of License Agreements for a Cost Less than the Governor and Council Approval Threshold {#sec-adm-809.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 809.04}

(a) In regard to license agreements at a cost of less than the governor and council approval threshold over the duration of the agreement, the proposed licensor and the agency shall, if the process has not been cancelled by the state, and unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, execute a licensing rental agreement containing at least that material specified at Adm 808.02(b) above, except that:

(1) The provision noted in Adm 808.02(b)(7) regarding approval shall indicate that the agreement and the commencement of the term of the agreement, and any extensions thereof, is conditioned upon its approval by the commissioner; and

(2) The provision noted in Adm 808.02(b)(10)e., requiring a provision on modification and amendment, shall not require approval of the governor and executive council but shall instead require approval by the commissioner.

(b) Sample license agreements shall be available to an agency from the division.

(c) The terms of a license agreement described in (b) above shall be contained in any license agreement submitted for approval by the agency unless a modification or amendment thereof has been made following consultation with and recommendation by the New Hampshire department of justice.

(d) Each license agreement at a cost less than the governor and council approval threshold submitted by an agency for approval shall have attached thereto, unless modified, amended, or otherwise altered following consultation with the New Hampshire department of justice, the material noted at Adm 809.03(e).

(e) The parties to the license agreement shall provide their authorized and notarized signatures on the license agreement, but such license agreement shall not be effective unless and until approved by the commissioner according to the standards set forth at Adm 805.02(c).

(f) Any approval or recommendation issued by the New Hampshire department of justice for modifications or amendments of the content of the proposed license agreement shall either be attached as an exhibit to the proposed license agreement submitted by the agency, or noted by the New Hampshire department of justice on the proposed license agreement itself.

(g) The clauses of the proposed license agreement shall incorporate any attached exhibits by reference.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 810 Vendor Code Requirements, Reporting of Rental Agreements, and Duration of Agreements

N.H. Code Admin. R. Ann. Adm 810.01 Vendor Code Requirements for Lessors and Licensors {#sec-adm-810.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 810.01}

(a) A lessor or licensor that does not possess a vendor code shall, before submission for approval of a rental agreement by the governor and council or by the commissioner, submit to the division of procurement and support services the fully executed items described in Adm 603.02 and Adm 603.03.

(b) Following submission of the items noted in (a) above, the lessor or licensor shall be assigned a vendor code.

(c) The provisions of Adm 603.04 relating to the vendor code number list shall apply to lessors and licensors holding vendor codes.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 810.02 Agency Reporting of Leases and Licenses for Use of Premises {#sec-adm-810.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 810.02}

(a) Each agency renting space shall report the status of any rental agreement to the division in writing at least once each year.

(b) The report on the status of each rental agreement under (a) above shall:

(1) Be in the form of a letter to the division signed by an authorized representative of the agency; and

(2) Shall include at least the following information:

a. Whether or not the premises have been vacated or are still occupied;

b. Whether or not rent is currently being paid;

c. The annual cost of all utilities and other costs of occupancy that are not included in the annual rent;

d. Whether or not the information contained on the division’s master list of leased property is correct as of the date of the report; and

e. If the information contained on the division’s master list of leased property is not correct as of the date of the report, the items that are incorrect, together with the correct information.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

N.H. Code Admin. R. Ann. Adm 810.03 Duration of Rental Agreements {#sec-adm-810.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 810.03}

(a) Except as allowed under (b) below, no rental agreement shall be for a duration of more than 5 years, including any option or options to extend.

(b) In accordance with RSA 4:39-b, any rental agreement which exceeds the 5-year maximum duration set forth in (a) above shall be submitted to the long range capital planning and utilization committee described at RSA 17-M for approval.

(c) Any request under (b) above shall be reviewed and approved by the long range capital planning and utilization committee prior to submission of the rental agreement to the governor and executive council, or to the commissioner, for approval.

(d) If an agency wishes to extend the duration of a rental agreement, and if such agreement originally required governor and executive council approval, any extension shall itself require separate governor and executive council approval, whether or not reference to the possibility of an extension was cited in the original rental agreement.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 811 Debarment

N.H. Code Admin. R. Ann. Adm 811.01 Debarment {#sec-adm-811.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 811.01}

(a) No individual or business entity shall submit a response to a solicitation issued by the division if that individual or entity, or any of its subsidiaries, affiliates or principal officers are subject to the prohibitions, limitations, or conditions listed in RSA 21-I:11-c, I(a).

(b) All prospective lessors and licensors shall, as part of their proposal under Adm 807.01 provide a statement signed under penalty of unsworn falsification as described in RSA 21-I:11-c and further defined in Adm 604.08(d).

(c) Failure to submit the signed statement noted in (b) above, the filing of a false statement, or the signing of a statement by an unauthorized person shall result in the automatic rejection of the proposal.

(d) Individuals or entities which are identified on the list described in RSA 21-I:11-c, II shall be debarred from submitting proposals.

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Part Adm 812 Expedited Procedures

N.H. Code Admin. R. Ann. Adm 812.01 Expedited {#sec-adm-812.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 812.01}

Procedures for Renewal of Rental Agreements.

(a) An agency wishing to renew an existing rental agreement on an expedited basis may seek renewal of a rental agreement by submitting the following to the division:

(1) A writing which states:

a. That the agency wishes to continue the use of the rented premises;

b. That the lessor or licensor wishes to continue the rental of the premises to the agency;

c. That the agency and the lessor or licensor have tentatively agreed upon the terms of the renewal, including price;

d. Whether the period of the rental agreement, plus any options for extension would result in a tenancy for more than 5 years and, if so, whether, in accordance with RSA 4:39-b, the rental agreement has been submitted to the long range capital planning and utilization committee described at RSA 17-M for approval;

e. The source of the funding for the proposed extension; and

f. Whether the agency has investigated the availability of alternative space and, if so, the nature and result of that investigation;

(2) A copy of the proposed renewed rental agreement; and

(3) If required under the circumstances, a copy of:

a. Any approval for the renewed rental agreement issued by the long range capital planning and utilization committee described at RSA 17-M; or

b. If an approval by the long range capital planning and utilization committee is required but has not yet been obtained, a copy of any request for approval that has been submitted to the committee by the agency.

(b) Following submission of the materials specified in (a) above, the division’s personnel managing rentals shall:

(1) Contact the agency to discuss the potential renewal;

(2) Provide such suggestions, guidance, and advice regarding the renewal as it believes is warranted under the circumstances;

(3) Attempt to confirm that the agency will have sufficient funds to cover the cost of the renewal;

(4) Attempt to confirm that any required approvals have been obtained from the long range capital planning and utilization committee described at RSA 17-M; and

(5) Make a written initial recommendation to the director as to whether renewal should be authorized, including in the writing the reasons for that recommendation.

(1) That the director concurs with the initial recommendation; or

(2) That the director does not concur with the initial recommendation, together with the reasons for that nonconcurrence.

(d) In the case of a rental renewal at no cost or for a cost which is equal to or greater than the governor and council approval threshold:

(1) The writing noted in paragraph (c) above, as well as the initial recommendation, shall be issued to the agency; and

(2) The agency shall include a copy of the writing noted in paragraph (c) above, as well as the initial recommendation, in any request for approval of the renewal that it makes to the governor and executive council.

(e) In the case of a rental agreement which is below the governor and council approval threshold:

(1) The writing noted in paragraph (c), as well as the initial recommendation, shall be issued to both the agency and the commissioner of administrative services; and

(2) The commissioner shall grant the agency’s request for expedited renewal if the commissioner concludes that:

a. The agency and the lessor or licensor both wish the agency to continue the use of the premises;

b. Governor and council approval of the renewal is not required under the governor and council approval threshold;

c. The agency and the lessor or licensor have agreed on the terms of the renewal, including price;

d. A renewal in these circumstances would not be likely to meet with objection from the department of justice;

e. The renewal is written in a form which would be acceptable to the department of justice under Adm 808.01 or Adm 808.02;

f. The agency appears to have sufficient funding to finance the renewal;

g. Any required approval for the renewed rental agreement has been obtained from the long range capital planning and utilization committee described at RSA 17-M;

h. It is unlikely that utilization of the unexpedited procedures for leasing would result in the ability of the agency to obtain comparable property at a lower overall cost to the state; and

i. Allowance of the renewal in these circumstances is warranted under the standards set forth in Adm 804.01.

APPENDIX

Rule Number

Statute Being Implemented

Adm 801.01

RSA 21-I: 1, II (m); RSA 21-I: 11, I;

RSA 21-I: 13, I, V; RSA 21-I: 12, II; RSA 541-A: 16, I (b);

RSA 541-A: 1, XV

Adm 802.01

RSA 541-A:7; RSA 21-I:1, II (h), (m); RSA 4:15

Adm 803.01

RSA 21-I:13, I, V; RSA 541-A:1, V;RSA 21-I:12, II; RSA 21-I:1, II (h), (m); RSA 21-I:11; RSA 541-A:16, I (b); RSA 4:15

Adm 804.01

RSA 21-I: 1, II (h); RSA 21-I:13, I, V; RSA 541-A:22, IV;RSA 541-A: 16, I (b)

Adm 804.02

RSA 541-A: 16, I (b); RSA 21-I:13, I. VII

Adm 805.01

RSA 21-I:12, II (a); RSA 21-I;1, II (h) (m); RSA 21-I; 13, I, VII;

RSA 541-A:1, XV; RSA 21-I; 11, I (c).

Adm 805.02

RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 4:15; RSA 541-A:16, I (b); RSA 21-I:11. I (c); RSA 21-I:12, II; RSA 21-I:1, II (h) (m);

Adm 806.01

RSA 21-I:11, I, II, III; RSA 21-I:13, I, V, VII; RSA 541-A:1, XV;

RSA 21-I:12, II; RSA 21-I:1, II (m); RSA 541-A: 16, I (b); RSA 21:32

Adm 806.02

RSA 21-I:11, I, II, III; RSA 21-I:13, I, V, VII; RSA 541-A:1, XV,

RSA 21-I:12, II; RSA 21-I:1, II (m); RSA 541-A:16, I (b); RSA 275-C;

RSA 21-I:19-a; RSA 155-A:13; RSA 9-C; RSA 10-B

Adm 806.03

RSA 21-I:11, I, II, III: RSA 21-I:13, I, VII; RSA 541-A:1, XV;

RSA 21-I:12, II; RSA 21-I: 1, II (m); RSA 541-A:16, I (b)

Adm 806.04

RSA 21-I:11, I, II, III: RSA 21-I:13, I, VII; RSA 541-A:1, XV;

RSA 21-I:12, II; RSA 21-I: 1, II (m)

Adm 806.05

RSA 21-I:11, I; RSA 21-I:12, II; RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 21-I:12, II; RSA 541-A:16, I (b)

Adm 806.06

RSA 541-A: 22, IV; RSA 21-I:11, II, III; RSA 21-I:13, I, V, VII;

RSA 541-A:1, XV; RSA 541-A: 16, I (b); RSA 21-I:12, II; RSA 21-I; 1, II (m); RSA 4:15

Adm 807.01

RSA 541-A: 16, I (b); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV;

RSA 21-I: 12, II; RSA 21-I, II (m); RSA 21-I:11, I, II, III; RSA 21-I: 11-c

Adm 807.02

RSA 541-A: 16, I (b); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV;

RSA 21-I: 12, II; RSA 21-I, II (m); RSA 21-I:11, I, II, III; RSA 21-I: 11-c

Adm 807.03

RSA 541-A: 16, I (b); RSA 21-I: 12, II; RSA 21-I, II (m);

RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 275-C;

RSA 10-B; RSA 21-I:11, I, II, III; RA 4:15

Adm 808.01

RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A:1, XV;

RSA 21-I:11, I, II, RSA 21-I, 12, II; RSA 21-I:1. II (m); RSA 541-A:19-b;

RSA 4:15; RSA 9-C:3

Adm 808.02

RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A:1, XV;

RSA 21-I:11, I, II, RSA 21-I, 12, II; RSA 21-I:1. II (m); RSA 275-C;

RSA 5:18-a; RSA 4:15

Adm 809.01

RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I:12, II; RSA 21-I:1. II (m); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 4:15

Adm 809.02

RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I:13 I, V, VII;

RSA 541-A:1, XV; RSA 21-I:12, II; RSA 21-I:1, II (m)

Adm 809.03

RSA 541-A: 16, I (b); RSA 541-A:19-b; RSA 21-I: 13, I, V, VII;

RSA 541-A:1, XV; RSA 21-I:12, II; RSA 21-I:1. II (m); RSA 21-I: 11, I, II; RSA 275-C; RSA 10-B; RSA 5:18-a; RSA 4:15; RSA 9-C:3

Adm 809.04

RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A:1, XV;

RSA 21-I: 11, I, II; RSA 21-I:12, II; RSA 21-I:1, II (m); RSA 4:15

Adm 810.01

RSA 541-A: 16, I (b); RSA 21-I: 13, I, VII; RSA 541-A:1, XV;

RSA 21-I:12, II; RSA 21-I:1. II (m); RSA 21-I: 11, I, II; RSA 21-I:14, XVII

Adm 810.02

RSA 541-A:16, I (b); RSA 21-I:11, II, VII (b); RSA 21-I:12, II;

RSA 21-I 1, II (m); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV;

RSA 541-A:7; RSA 21-I (a) (5) (B)

Adm 810.03

RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I:12, II;

RSA 21-I:1. II (m); RSA 21-I: 13, I, II, VII; RSA 541-A:1, XV;

RSA 17-M; RSA 4:39-b

Adm 811.01

RSA 541-A: 16, I (b); RSA 21-I: 11-c

Adm 812.01

RSA 541-A: 16, I (b)

History

#13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Chapter Adm 1000 Recoupment of Expenditures for Indigent Defense

Part Adm 1001 Purpose and Applicability

N.H. Code Admin. R. Ann. Adm 1001.01 Purpose {#sec-adm-1001.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 1001.01}

The purpose of these rules is to implement the responsibility of the department of administrative services relative to repayment of sums expended by the state for indigent defense services and defense expenses by:

(a) For repayment orders issued prior to July 1, 2020, establishing requirements and procedures for:

(1) Determining the installment payments and schedules for repayment; and

(2) Carrying out financial and credit investigations in connection with the determination of such installment payments and schedules; and

(b) For repayment orders issued or modified on or after July 1, 2020, establishing requirements and procedures for collection of payments, as ordered by the court.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1001.02 Applicability {#sec-adm-1001.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 1001.02}

This chapter shall apply to:

(a) Adults charged with a crime and juveniles charged with delinquency who apply for or are appointed counsel or are allowed State payment for other defense services on the basis of indigence; and

(b) Persons liable under RSA 604-A: 2-a for the support of such juveniles charged with delinquency who apply for or are appointed counsel or are allowed State payment for other defense services on the basis of indigence.

History

#13050, eff 7-1-20

Part Adm 1002 Definitions

N.H. Code Admin. R. Ann. Adm 1002.01 Appointed counsel {#sec-adm-1002.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.01}

"Appointed counsel" means defense counsel appointed to represent a defendant at the expense of the State of New Hampshire.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1002.02 Conviction {#sec-adm-1002.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.02}

"Conviction" means a final judgment on a verdict, finding, or plea of guilty against a defendant charged with a crime. The term includes “convicted”. The term also includes a finding of delinquency against a juvenile charged with delinquency.

History

#13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1002.03 Defendant {#sec-adm-1002.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.03}

"Defendant" means an adult charged with a crime, a juvenile charged with delinquency or, where the context requires such meaning, a person liable under RSA 604-A:2-a for the support of a juvenile charged with delinquency.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08 (from Adm 1002.02); ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20 (formerly Adm 1002.02)

N.H. Code Admin. R. Ann. Adm 1002.04 Defense services {#sec-adm-1002.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.04}

"Defense services" means the services of defense counsel, investigative services, the services of experts and other services necessary for an adequate defense against criminal charges or charges of juvenile delinquency.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08 (from Adm 1002.03); ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20 (formerly Adm 1002.03)

N.H. Code Admin. R. Ann. Adm 1002.05 Expenses {#sec-adm-1002.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.05}

"Expenses" means the expenses of service of process to compel the attendance of witnesses and other expenses necessary for an adequate defense against criminal charges or charges of juvenile delinquency.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08 (from Adm 1002.04); ss by #10728, eff 11-25-14; ss by 13050, eff 7-1-20 (formerly Adm 1002.04)

N.H. Code Admin. R. Ann. Adm 1002.06 Financial statement {#sec-adm-1002.06 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.06}

"Financial statement” means a statement of facts, asserted under oath pursuant to RSA 604-A:2, I, by a defendant regarding the defendant’s income, property, assets, and other financial information necessary to determine a defendant’s eligibility for and ability to pay for appointed counsel. The term includes OCC Form 4, designated by the OCC pursuant to RSA 604-A:2, I, or a court-produced form requiring submission of the same information.

History

#13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1002.07 Initial payment {#sec-adm-1002.07 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.07}

"Initial payment" means the sum which the defendant is ordered by the presiding judge to pay the state as the first installment on the defendant's minimum liability for legal expenses.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08 (from Adm 1002.06); ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20 (formerly Adm 1002.05)

N.H. Code Admin. R. Ann. Adm 1002.08 Minimum liability for legal expenses {#sec-adm-1002.08 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.08}

"Minimum liability for legal expenses" means the sum of money ordered by the presiding judge to be repaid the state by a defendant for whom counsel has been appointed, exclusive of any additional liability incurred as a result of orders for state payment of defense services other than counsel and for state payment of expenses.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08 (from Adm 1002.05); ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20 (formerly Adm 1002.06)

N.H. Code Admin. R. Ann. Adm 1002.09 Office of cost containment (OCC) {#sec-adm-1002.09 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.09}

"Office of cost containment (OCC)" means the unit of cost containment established by RSA 21-I:7-b.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08 (from Adm 1002.06); ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20 (formerly Adm 1002.07)

N.H. Code Admin. R. Ann. Adm 1002.10 Presiding judge {#sec-adm-1002.10 omnilex-key=us-nh-regs-official--agency-adm--Adm 1002.10}

"Presiding judge" means a judge of a New Hampshire court with the authority to order state payment of defense services or expenses.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08 (from Adm 1002.07); ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20 (formerly Adm 1002.08)

Part Adm 1003 Application for Appointed Counsel or State Payment for Other Defense Services or Expenses

N.H. Code Admin. R. Ann. Adm 1003.01 Application {#sec-adm-1003.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 1003.01}

(a) A defendant applying for appointed counsel or state payment for other defense services as defined in Adm 1002.02 or state payment of expenses as defined in Adm 1002.03, or applying for an adjustment to a repayment order, in accordance with Adm 1005.03, shall:

(1) Submit to the court the information specified in Adm 1003.02 on a financial statement; and

(2) Complete and sign the financial statement as specified in Adm 1003.03.

(b) In the case of a juvenile charged with delinquency, a financial statement shall be completed by court personnel with the assistance of the juvenile so charged or a person liable for the support of the juvenile, as applicable, by providing the information specified in Adm 1003.02(a).

(c) A defendant seeking state payment of defense services other than appointed counsel or state payment of expenses shall make application to the presiding judge by whatever procedure the court requires.

(d) Execution of a financial statement shall not be required for appointment of counsel pursuant to RSA 604-A:2, IV (b).

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1003.02 Information Required on a Financial Statement {#sec-adm-1003.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 1003.02}

A financial statement shall contain the following information about the defendant:

(a) His or her:

(1) Name;

(2) Address;

(3) Telephone number;

(4) Date of birth; and

(5) Age;

(b) His or her marital status, whether:

(1) Single;

(2) Married;

(3) Divorced;

(4) Separated; or

(5) Widowed;

(1) Their names;

(2) Their addresses if different from that of the defendant;

(3) Their relationship to the defendant; and

(4) Their ages;

(d) For both the defendant and a spouse of the defendant, the amounts of the following kinds of funds available to each of them, individually:

(1) Cash on hand;

(2) Money in checking accounts;

(3) Money in savings accounts;

(4) Funds in stocks, bonds, trusts, certificates of deposit and similar investments; and

(5) The total sum of the amounts provided for (1) through (4), above;

(e) For both the defendant and a spouse of the defendant, the amounts of the following received by each of them, individually, weekly, and monthly:

(1) Take home pay in the form of wages or salary;

(2) Alimony or maintenance received;

(3) Child support received; and

(4) The total sum of the amounts provided for (1) through (3), above;

(f) For the defendant and a spouse of the defendant, the following employment information:

(1) Name of employer;

(2) Address of employer; and

(3) Whether employment is full time, part time or seasonal;

(g) The defendant's monthly housing costs in the form of:

(1) Monthly rent or mortgage;

(2) Utilities; and

(3) The total sum of the costs provided for (1) and (2), above;

(h) The defendant's monthly loan payments, including the following information about such payments:

(1) The payee(s);

(2) The purpose(s) of the loan(s) being repaid;

(3) The balance(s) due on the loan(s);

(4) The amount(s) of the monthly payment(s); and

(5) The total of all monthly loan payments;

(i) Additional monthly payments, such as alimony, child care and child support, including:

(1) The payee(s);

(2) The purpose(s) of the payment(s);

(3) The sum(s) still owed;

(4) The amount(s) of the monthly payment(s); and

(5) The total of all such monthly payments; and

(j) With respect to the defendant's ownership of real estate and personal property:

(1) Whether the defendant owns a house or other real estate, and if so:

a. Identification of the real estate;

b. The market value of such real estate;

c. The identity of the mortgage holder on such real estate, if applicable; and

d. The amount of the mortgage on such real estate, if applicable; and

(2) Whether the defendant has, within the last 6 months, sold or transferred real estate or personal property worth $200.00 or more, and if so:

a. Identification of such real estate or property;

b. The identity of the transferee of such real estate or property;

c. The value of such real estate or property; and

d. The amount received for such real estate or property.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #9149, eff 5-1-08; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1003.03 Defendants Representations on Application for State Payment of Defense Services or Expenses {#sec-adm-1003.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 1003.03}

Completion and signing of the financial statement shall be a defendant's representation that he or she:

(a) Has read and understands the application;

(b) Swears that the information he or she has provided is:

(1) True to the best of his or her knowledge;

(2) Given to induce appointment of counsel because he or she is currently unable to retain private counsel; and

(3) Given under the penalty of perjury, the punishment for which is imprisonment for not more than 7 years;

(d) Understands that:

(1) Subject to Adm 1005, if the court appoints an attorney to represent him or her he or she might be liable for all legal fees and any other court-approved costs of defense;

(2) Subject to Adm 1005, the court will order him or her to repay the state according to his or her ability as determined by the court or the office of cost containment, if so ordered by the court;

(3) He or she shall contact the office of cost containment within 5 days after a repayment order is issued to confirm his or her mailing address;

(4) If he or she does not agree with the court’s eligibility findings or decisions about his or her ability to pay, the defendant may file a motion to reconsider with the court, but shall prove to the court that any claimed shortage of funds is total or permanent or future employment is unlikely; and

(5) He or she shall notify the office of cost containment and the court of every change of address while still owing the state for the cost of representation; and

(e) Subject to Adm 1005, authorizes the court or the office of cost containment, if so ordered by the court, to obtain any and all information with regard to his or her employment and financial condition from any government agency, bank creditor or employer.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1003.04 Defendant's Obligation to Review Financial Statement {#sec-adm-1003.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 1003.04}

If the financial statement has been prepared by or with the assistance of court staff the defendant shall, before it is presented to the presiding judge to be signed to order appointment of counsel or other defense services or expenses, review all information contained therein and either confirm the accuracy of that information or make any necessary corrections.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1003.05 Defendant's Obligation to Maintain Contact with the Court and the Office of Cost Containment {#sec-adm-1003.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 1003.05}

A defendant for whom counsel has been appointed and for whom a repayment order has been issued, shall update his or her address and phone number with the clerk of the court and the office of cost containment every time there is a change of address or phone number during the period in which the defendant still owes the state for the cost of counsel or other defense services or expenses.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

Part Adm 1004 Eligibility for Appointed Counsel and State Payment for Other Defense Services and Expenses

N.H. Code Admin. R. Ann. Adm 1004.01 Determination of Ineligibility {#sec-adm-1004.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 1004.01}

(a) Unless otherwise ordered by the presiding judge, a defendant shall be ineligible for state payment of defense services and expenses on the basis of the defendant's ability to borrow funds, as further set forth in (b) below.

(b) Unless otherwise ordered by the presiding judge, the defendant shall be deemed able to borrow funds if the net value of the defendant's real estate exceeds the value for the most serious crime or delinquency charged, as set forth in table 1004.1.

Table 1004.1

Crime or Delinquency With Which the Defendant is Charged

Net Value of Defendant's Real Estate

Homicide

$40,000

Supreme Court appeal

$20,000

Aggravated felonious sexual assault; felonious sexual assault; first degree assault

$20,000

Negligent homicide

$20,000

Felony

$20,000

Misdemeanor appeal

$20,000

Misdemeanor, jury trial

$10,000

Misdemeanor

$10,000

Juvenile

$10,000

Other

$10,000

(c) Unless otherwise ordered by the presiding judge, a defendant shall be ineligible for state payment of defense services and expenses if the funds available to the defendant exceed the value permitted for the most serious crime or delinquency charged, as set forth in table 1004.2.

Table 1004.2

Crime or Delinquency With Which the Defendant is Charged

Funds Available to Defendant

Homicide

$10,000 or more

Supreme Court appeal

$4,000 or more

Aggravated felonious sexual assault; felonious sexual assault; first degree assault

$4,000 or more

Negligent homicide

$4,000 or more

Felony

$4,000 or more

Misdemeanor appeal

$4,000 or more

Misdemeanor, jury trial

$1,500 or more

Misdemeanor

$1,500 or more

Juvenile

$2,000 or more

Other

$2,000 or more

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1004.02 Eligible Defendants {#sec-adm-1004.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 1004.02}

A defendant not ineligible pursuant to Adm 1004.01(b) or Adm 1004.01(c) shall be eligible for appointed counsel and for state payment of other defense services and expenses when they are ordered by the presiding judge.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

Part Adm 1005 Defendant's Repayment Obligation

N.H. Code Admin. R. Ann. Adm 1005.01 Repayment of the Cost of Appointed Counsel {#sec-adm-1005.01 omnilex-key=us-nh-regs-official--agency-adm--Adm 1005.01}

(a) An adult defendant for whom counsel has been appointed and for whom a repayment order has been issued by the court on or before June 30, 2020, shall reimburse the state, as specified in (d) and (e), below, through the office of cost containment the minimum liability for legal expenses established by presiding judge's order, provided that the sum ordered does not exceed the actual cost to the state of the defendant's representation together with any service charge made pursuant to Adm 1005.04(a)(2).

(b) On or after July 1, 2020, a defendant for whom counsel has been appointed and who has been convicted, shall reimburse the state, as specified by the court, through the office of cost containment or, in the case of a defendant placed on probation or sentenced to a period of conditional discharge, through the department of corrections, the minimum liability for legal expenses established by presiding judge's order, provided that the sum ordered does not exceed the actual cost to the state of the defendant's representation together with any service charge made pursuant to Adm 1005.04(a)(2).

(c) Pursuant to RSA 604-A:9, I-a, the liability to reimburse the state for the cost of state-paid defense services and expenses imposed on any person obligated under RSA 604-A:2-a to support a juvenile defendant shall cease when the juvenile reaches the age of majority, except when the juvenile was certified and tried as an adult.

(d) For repayment orders issued on or before June 30, 2020, a defendant shall meet his or her minimum liability for legal expenses by:

(1) Paying to the office of cost containment an initial payment and monthly installments totaling an amount equal to one half of the sum reached by performing the calculation set forth in (e) below, rounded down to the nearest $5.00 value; or

(2) Making payments in accordance with any adjustments made to the payment schedule or the amount of the payments pursuant to Adm 1005.03.

(e) The initial payment and the installment payments to be made pursuant to (d)(1) above shall be calculated as follows:

(1) Add the amount provided by the defendant in response to Adm 1003.02(d)(5) to the amount provided by the defendant in response to Adm 1003.02(e)(4);

(2) Then add together:

a. The amount supplied by the defendant in response to Adm 1003.02(g)(3);

b. The amount supplied by the defendant in response to Adm 1003.02(h)(5);

c. The amount supplied by the defendant in response to Adm 1003.02(i)(5);

d. As an allowed living expense, the amount of $250.00; and

e. The product of the number of dependents listed by the defendant in response to Adm 1003.02(c) multiplied by $100.00; and

(3) Finally, subtract the sum resulting from the addition described in (2) above from the sum resulting from the addition described in (1) above.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1005.02 Method of Repayment of the Cost of Appointed Counsel {#sec-adm-1005.02 omnilex-key=us-nh-regs-official--agency-adm--Adm 1005.02}

(a) A defendant shall, within 5 days after a repayment order is issued:

(1) Make the initial payment to the office of cost containment or the department of corrections, as specified in Adm 1005.01; and

(2) Contact the office of cost containment to confirm his or her mailing address.

(b) After making the initial payment the defendant shall make installment payments monthly, or as otherwise ordered by the court, subject to Adm 1005.03.

(c) A defendant shall contact the office of cost containment whenever requested to do so by letter or phone call from the office of cost containment.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1005.03 Adjustments in Payment Amounts and Payment Schedule {#sec-adm-1005.03 omnilex-key=us-nh-regs-official--agency-adm--Adm 1005.03}

(a) At any time after a repayment order is issued, a defendant subject to a repayment order may petition the court to establish an adjustment in the payment or payment schedule, or to be relieved from the repayment obligation, if the defendant’s circumstances have changed since the date of the repayment order.

(b) Adjustments in the amount of the installment payments or in the payment schedule shall be made by:

(1) The court, upon a finding by the court that the defendant is unable to comply with the terms of the repayment order or any previous modification thereof; or

(2) The office of cost containment, if so ordered by the court, in accordance with (e) below.

(c) A defendant seeking an adjustment in payments shall submit to the court or to the office of cost containment, as applicable, updated financial information as specified in Adm 1003.

(d) A defendant who is imprisoned shall not be required to make payments until the defendant is released from prison. A defendant who is assigned to work release, in accordance with Cor 411, shall not be considered imprisoned for purposes of this section.

(e) If authorized by the court, as specified in (b), above, the office of cost containment shall decrease the amount of the initial or installment payments due or adjust the payment schedule if the defendant is unable to pay the full amount or unable to make payments monthly for one of the following reasons:

(1) The defendant's expenses have increased since a prior financial statement was completed; or

(2) The defendant's income has decreased since a prior financial statement was completed.

(f) A defendant may increase the amount of installment payments or make them on an accelerated schedule.

(g) An adjustment in the amount or schedule of payments shall not decrease the minimum liability for legal expenses ordered by the presiding judge.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1005.04 Additional Liabilities of Defendant {#sec-adm-1005.04 omnilex-key=us-nh-regs-official--agency-adm--Adm 1005.04}

(a) To the minimum liability for legal expenses described in Adm 1005.01(a) shall be added:

(1) Any liability to repay the cost to the state for the provision of additional defense services and expenses established by judicial order; and

(2) Pursuant to RSA 604-A:9, I(f), a service charge of no more than 10 per cent of the total amount of counsel fees and expenses owed by a defendant under the circumstances described in (b) below.

(b) A defendant shall pay a service charge of no more than 10 per cent of the total amount of counsel fees and expenses owed the state when:

(1) The defendant has:

a. Expressly refused to make installment payments or to arrange for adjustments pursuant to Adm 1005.03; or

b. Has not made or has ceased making installment payments and has failed to contact the office of cost containment; and

(2) The office of cost containment has sent the defendant at least one letter indicating its intent to seek judicial enforcement of the repayment order and to impose a service charge, as specified in this section.

(1) Contact the office of cost containment to arrange to pay such liabilities; or

(2) Petition the court for an adjustment pursuant to Adm 1005.03; and:

a. Within 5 days of filing such petition, notify the office of cost containment that such petition has been filed; and

b. Within 5 days of the court’s order on such petition, submit the order to the office of cost containment.

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20

N.H. Code Admin. R. Ann. Adm 1005.05 Investigations by the Office of Cost Containment {#sec-adm-1005.05 omnilex-key=us-nh-regs-official--agency-adm--Adm 1005.05}

(a) The office of cost containment shall investigate the financial circumstances of a defendant when:

(1) Authorized to do so by order of the court; and

(2) Necessary to confirm or disconfirm information provided by the defendant on an initial or updated financial statement.

(b) State agencies, including but not limited to the department of employment security and the department of corrections, shall assist the office of cost containment in its investigation when requested and permitted by law to do so.

(c) Private entities, including but not limited to a defendant's bank, employer and creditor, shall assist the office of cost containment in its investigation when requested and permitted by law to do so.

APPENDIX

Rule

Specific State Statute the Rule Implements

Adm 1001

RSA 604-A:9; RSA 604-A:10, IV

Adm 1002

RSA 604-A:10, IV.

Adm 1003

(see also specific sections listed below)

RSA 604-A:2

Adm 1003.01(a) and (b)

RSA 604-A:2

Adm 1003.01(c)

RSA 604-A:6

Adm 1003.02

RSA 604-A:2; RSA 457-A:6

Adm 1003.02-Adm 1003.04

RSA 604-A:2

Adm 1003.05

RSA 604-A:9, I

Adm 1004

RSA 604-A:2, I; RSA 604-A:2-c & 2-d

Adm 1005

(see also specific sections listed below)

RSA 604-A:9, I

Adm 1005.01(a)

RSA 604-A:9, I-b

Adm 1005.01(b)

RSA 604-A:9, I-a

Adm 1005.01(c) and (d); Adm 1005.02

RSA 604-A:9, I, I-a and I-b

Adm 1005.02(a) & (b)

RSA 604-A:10, IV

Adm 1005.02(c)

RSA 604-A:9, I-c

Adm 1005.02(d) & (e)

RSA 604-A:10, IV

Adm 1005.02(f) & (g)

RSA 604-A:9, I-a; RSA 604-A:10, IV

Adm 1005.02(h)

RSA 604-A:10, IV

Adm 1005.03(a)-(c)

RSA 604-A:9, I and I-a; RSA 604-A:10, IV

Adm 1005.03(d)

RSA 604-A:9, V

Adm 1005.03(e)-(g)

RSA 604-A:9, I and I-a; RSA 604-A:10, IV

Adm 1005.04(a)(1)

RSA 604-A:6

Adm 1005.04(a)(2)-Adm 1005.04(c)

RSA 604-A:9, I and I-a

Adm 1005.05

RSA 604-A:10, IV

History

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20