N.H. Code Admin. R. Ann. Jus — Attorney General, Department of Justice

Chapter Jus 400 Charitable Trusts

Part Jus 401 Definitions

N.H. Code Admin. R. Ann. Jus 401.01 Authorized agent {#sec-jus-401.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.01}

“Authorized agent” means a person or entity authorized to electronically file documents with the charitable trusts unit on behalf of a charitable trust, fundraising counsel, or paid solicitor as a result of filing with the charitable trusts unit a completed form NHCT-50 “Authorization for Electronic Filing by Agent,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.02 Charitable gift annuity {#sec-jus-401.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.02}

“Charitable gift annuity” means “charitable gift annuity” as defined in RSA 403-E:1, II.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.03 Charitable lead annuity trust {#sec-jus-401.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.03}

“Charitable lead annuity trust” means an irrevocable trust that distributes payments each year to a charitable beneficiary or beneficiaries for a fixed term of years or during the grantor’s lifetime, and after the term ends, distributes the remaining assets to the grantor or the grantor’s descendants.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.04 Charitable organization {#sec-jus-401.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.04}

“Charitable organization” means “charitable organization” as defined in RSA 7:21, II(b).

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.05 Charitable purpose {#sec-jus-401.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.05}

“Charitable purpose” means an intention or mission that is benevolent, philanthropic, patriotic, educational, humane, recreational, scientific, public health, environmental conservation, civic, or otherwise beneficial to the public interest. The term includes any purposes that could qualify for a determination of tax exempt status pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.06 Charitable remainder trust {#sec-jus-401.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.06}

“Charitable remainder trust” means an irrevocable trust that distributes amounts to non-charitable beneficiaries for a specified period and thereafter distributes all or a portion of the remainder to a charitable beneficiary or beneficiaries. The term includes a charitable remainder annuity trust and a charitable remainder unitrust.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.07 Charitable sales promotion {#sec-jus-401.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.07}

“Charitable sales promotion” means “charitable sales promotion” as defined in RSA 7:21, I.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.08 Charitable trust {#sec-jus-401.08 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.08}

“Charitable trust” means “charitable trust” as defined in RSA 7:21, II(a) and (b).

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.09 Charitable trusts unit {#sec-jus-401.09 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.09}

“Charitable trusts unit” means the office of the director of charitable trusts of the New Hampshire department of justice.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.10 Charity care {#sec-jus-401.10 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.10}

“Charity care” means “charity care” as defined in RSA 7:32-d, I.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.11 Commercial co-venturer {#sec-jus-401.11 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.11}

“Commercial co-venturer” means “commercial co-venturer” as defined in RSA 7:21, III.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.12 Community {#sec-jus-401.12 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.12}

“Community” means “community” as defined in RSA 7:32-d, II.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.13 Community benefits plan {#sec-jus-401.13 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.13}

“Community benefits plan” means “community benefits plan” as defined in RSA 7:32-d, IV.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.14 Community needs {#sec-jus-401.14 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.14}

“Community needs” means community health care needs.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.15 Community needs assessment {#sec-jus-401.15 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.15}

“Community needs assessment” means “community needs assessment” as described in RSA 7:32-f as the “identification and prioritization of community needs that the health care charitable trust can address directly, or in collaboration with others.”

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.16 Director {#sec-jus-401.16 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.16}

“Director” means the director of charitable trusts, appointed pursuant to RSA 7:20.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.17 Donated conservation easement {#sec-jus-401.17 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.17}

“Donated conservation easement” means a restriction, easement, covenant, or condition in any deed conveyed as a charitable gift in whole or in part to a charitable organization or a governmental entity, which restricts or limits activities on or uses of a land or water area in order to retain or maintain such land or water area predominantly in its natural, scenic, or open condition, or in agricultural, farming, open space, or forest use, or in any other use or condition consistent with the protection of environmental quality. The term does not include a restriction on land use imposed by a governmental entity upon a landowner if the transfer lacks any charitable intent and makes no reference to RSA 36-A:4.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.18 Entity {#sec-jus-401.18 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.18}

“Entity” means an organization created as a corporation, express trust, or unincorporated association. The term does not include a partnership or limited liability company.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.19 Express trust {#sec-jus-401.19 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.19}

“Express trust” means a trust that is purposefully and intentionally declared in a written instrument by the creator, settlor, or testator or by court decree.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.20 Fund raising counsel {#sec-jus-401.20 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.20}

“Fund raising counsel” means “fund raising counsel” as defined in RSA 7:21, V.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.21 Generally accepted accounting principles {#sec-jus-401.21 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.21}

“Generally accepted accounting principles” means the accounting principles, standards, and procedures established by the Financial Accounting Standards Board.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.22 Governing documents {#sec-jus-401.22 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.22}

“Governing documents” means the articles of agreement, bylaws, charter, constitution, trust instrument, last will and testament, or other document that sets forth the entity’s purpose and directs or rules the operations of the entity.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.23 Health care charitable trust {#sec-jus-401.23 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.23}

“Health care charitable trust” means “health care charitable trust” as defined in RSA 7:32-d, V.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.24 New Hampshire-based {#sec-jus-401.24 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.24}

“New Hampshire-based” entity means:

(a) An entity created under the laws of New Hampshire; or

(b) An entity created or formed outside of New Hampshire that has its principal place of operations in New Hampshire.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.25 Paid solicitor {#sec-jus-401.25 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.25}

“Paid solicitor” means “paid solicitor” as defined in RSA 7:21, VI.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.26 Pecuniary benefit transaction {#sec-jus-401.26 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.26}

“Pecuniary benefit transaction” means “pecuniary benefit transaction” as defined in RSA 7:19-a, I(c).

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.27 Private foundation {#sec-jus-401.27 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.27}

“Private foundation” means a “private foundation” as defined in 26 U.S.C. § 509(a) of the Internal Revenue Code.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.28 Probate court {#sec-jus-401.28 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.28}

“Probate court” means the probate division of the New Hampshire circuit court.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.29 Qualified charitable gift annuity {#sec-jus-401.29 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.29}

“Qualified charitable gift annuity” means a “qualified charitable gift annuity” as defined in RSA 403-E:1, V.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.30 Reasonable minimum contacts {#sec-jus-401.30 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.30}

“Reasonable minimum contacts” means that a charitable trust:

(a) Conducts more than de minimis operations in New Hampshire;

(b) Specifically targets, through internet or non-internet means, New Hampshire residents to make donations; or

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.31 Religious organization {#sec-jus-401.31 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.31}

“Religious organization” means “church” as defined in 26 U.S.C. § 6033(a)(3)(A)(i).

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.32 Solicitation {#sec-jus-401.32 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.32}

“Solicitation” means “solicitation” as defined in RSA 7:21, VII.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.33 Testamentary trust {#sec-jus-401.33 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.33}

“Testamentary trust” means a trust established in accordance with the instructions contained in a last will and testament.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 401.34 Trustee {#sec-jus-401.34 omnilex-key=us-nh-regs-official--agency-jus--Jus 401.34}

“Trustee” means the trustee of an express trust, a municipal trustee of trust funds as described in RSA 31:22, or a library trustee as described in RSA 202-A:6–8.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 402 Registration of Charitable Trusts

N.H. Code Admin. R. Ann. Jus 402.01 Registration Requirement {#sec-jus-402.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 402.01}

(a) Except as described in Jus 402.01(c), any charitable trust that is New Hampshire-based shall register with the charitable trusts unit in accordance with RSA 7:28, I.

(b) Except as described in Jus 402.01(c), any charitable trust that is not New Hampshire-based but has reasonable minimum contacts in New Hampshire shall register with the charitable trusts unit in accordance with RSA 7:28, I.

(1) The United States, any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or to any of their agencies or governmental subdivisions;

(2) Any religious organization;

(3) Any express trust in which any charitable interests remain revocable by the settlor;

(4) Any express trust, including a charitable remainder trust, charitable lead annuity trust, or testamentary trust, that has a present obligation to make distributions to charitable

beneficiary(ies), provided that:

a. The charitable interests are fully distributed within one year from the inception of the trustee’s power pursuant to the trust instrument or probate court order to make such distributions; and

b. The trust complies with Jus 403.01 or Jus 403.02, if applicable;

(5) Any express trust, including a charitable remainder trust, that is irrevocable but has no present obligation to make distributions to charitable beneficiaries, provided that the trust complies with Jus 403.02;

(6) Any estate subject to probate court administration that involves a will which includes a charitable bequest, provided that the administrator complies with Jus 403.01, if applicable; and

(7) Any donated conservation easement or interest in real estate donated for a charitable purpose.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 402.02 NHCT-10 Request for Pre-Registration Review {#sec-jus-402.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 402.02}

(a) Any entity may request a determination from the charitable trusts unit as to whether it is required to register as a charitable trust.

(b) Any entity seeking a determination from the charitable trusts unit as to whether it is required to register shall complete and submit Form NHCT-10 “Request for Pre-Registration Review,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.

(1) The entity’s governing document(s), which include:

a. For charitable trusts that are corporations, copies of the articles of agreement or articles of incorporation and bylaws with any amendments;

b. For express trusts, copies of the trust instrument with any amendments; or

c. For organizations other than charitable corporations or express trusts, copies of the organization’s constitution, charter, or other governing document with any amendments;

(2) Letter of determination of nonprofit status issued by the Internal Revenue Service or, if a letter of determination of nonprofit status has not been issued by the Internal Revenue Service, a summary of the entity’s activities and a statement as to how the entity raises revenue; and

(3) The entity’s most recent Internal Revenue Service Form 990, Internal Revenue Service Form 990-EZ, Internal Revenue Service Form 990-PF, audited financial statement, or if the foregoing are not available, a current financial statement showing revenues and expenditures.

(d) Form NHCT-10 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

(e) The charitable trusts unit shall respond in writing to the request for pre-registration review. The response shall state that registration is required in New Hampshire, registration is not required in New Hampshire, or the charitable trusts unit requires additional information in order to make a determination.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 402.03 Deadline for Filing Application for Registration {#sec-jus-402.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 402.03}

(a) Any charitable trust that is required to register in New Hampshire shall register with the charitable trusts unit within 6 months after any part of the income or principal is authorized or required to be expended for a charitable purpose.

(b) Registration shall be accomplished by filing with the charitable trusts unit a completed Form NHCT-11 “Application for Registration,” as amended September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.

(c) Any charitable trust that is required to register with the charitable trusts unit but fails to do so by the deadline set forth in Jus 402.03(a) shall not operate in New Hampshire or solicit contributions from New Hampshire residents unless or until it receives a certificate of registration from the charitable trusts unit.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 402.04 Form NHCT-11 Application for Registration {#sec-jus-402.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 402.04}

(a) Any charitable trust required to register with the charitable trusts unit shall complete and submit Form NHCT-11 “Application for Registration,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.

(b) Any charitable trust required to register with the charitable trusts unit shall supply with Form NHCT-11 the following documents:

(1) The governing documents, which include:

a. For charitable trusts that are corporations, copies of the articles of agreement or articles of incorporation and bylaws with any amendments, including the organization’s dissolution provision;

b. For express trusts, copies of the trust instrument with any amendments; or

c. For organizations other than charitable corporations or express trusts, copies of the organization’s constitution, charter, or other governing document with any amendments;

(2) The determination letter from the Internal Revenue Service that the charitable trust is exempt from taxation, if the Internal Revenue Service issued a determination letter;

(3) One of the following:

a. The most recent bank statement or a bank check of the charitable trust that displays the name of the account holder and account number;

b. Internal Revenue Service Form 990, Form 990-EZ, Form 990-PF, or Form 5227 the charitable trust most recently filed with the Internal Revenue Service; or

c. If neither a. nor b. exist, a written explanation as to where the charitable trust’s financial assets are held; and

(4) For New Hampshire-based charitable trusts other than private foundations, the charitable trust’s policy or policies pertaining to pecuniary benefit transactions and conflicts of interest.

(c) Form NHCT-11 shall be signed by the presiding officer or treasurer of the governing board if a charitable organization or a trustee if an express trust. Form NHCT-11 may be signed by the executive director or other paid employee of a charitable organization only if the charitable trust is not New Hampshire-based.

(d) Form NHCT-11 may be submitted by an authorized agent if the form is electronically filed and the charitable trust submits Form NHCT-50 “Authorization for Electronic Filing by Agent,” pursuant to Jus 412.

(e) The completed Form NHCT-11 shall be accompanied by a non-refundable fee of $25.00.

(f) Form NHCT-11 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 402.05 Deficiencies in Applications {#sec-jus-402.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 402.05}

(a) Upon review of a Form NHCT-11 “Application for Registration” that is not in proper form, including but not limited to, an incomplete application or an application that is not in compliance with Jus 402.04, RSA 7:19–32-l, or RSA 292, the charitable trusts unit shall retain the application and notify the applicant by electronic or regular mail of the deficiencies in the application in accordance with RSA 541-A:29.

(b) If the charitable trust fails to cure the deficiencies in the application within 30 days of receipt of notification as set forth in (a) above, the charitable trusts unit shall deny the application for registration. If an application is denied, the charitable trust shall not conduct operations in New Hampshire or solicit donations from New Hampshire residents.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 402.06 Registration Certificate and Number {#sec-jus-402.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 402.06}

(a) If the application for registration complies with the requirements of Jus 402.04 and Jus 402.05, the charitable trusts unit shall, in accordance with RSA 541-A:29, issue to the charitable trust a registration certificate and registration number. If a registration certificate is issued, the charitable trust may conduct operations in New Hampshire and solicit donations from New Hampshire residents in compliance with RSA 7:19–32-l and Chapter Jus 400.

(b) Registration shall be effective upon issuance of the registration certificate and registration number.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 403 Notice by Estates and Certain Charitable Express Trusts

N.H. Code Admin. R. Ann. Jus 403.01 Estate Notification Requirement {#sec-jus-403.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 403.01}

(a) The administrator of any estate subject to New Hampshire probate court administration that involves a will which makes a charitable bequest shall submit to the charitable trusts unit an initial notice and a distribution notice on Form NHCT-17 “Notice as to Estates with Charitable Bequest,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

(b) The administrator shall submit an initial notice within 30 days of the appointment of the administrator. The initial notice shall not be required if the director has previously entered an appearance in the estate administration case. The administrator shall submit a distribution notice within 30 days of the distribution of bequests to charities.

(1) In the initial notice, a copy of the will and the petition for estate administration; and

(2) In the distribution notice, the names of the charitable beneficiaries, the amount and date of distribution, and a copy of the final probate accounting and receipts from each charitable beneficiary.

(d) Form NHCT-17 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

(e) If the will creates a charitable trust, and the final distribution to charitable beneficiaries shall not be made within one year from the inception of the trustee’s power, the trust shall register with the charitable trusts unit by filing Form NHCT-11.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 403.02 Non-Testamentary Trust Notification Requirements {#sec-jus-403.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 403.02}

(a) Within 6 months from the date that the interest of charitable beneficiaries in any New Hampshire-based non-testamentary express trust becomes irrevocable, the trustee of such trust shall submit an initial notice to the charitable trusts unit. Thereafter, so long as no distributions to charitable beneficiaries are required to be made, the trustee shall provide an updated notice every 5 years from the date of the initial notice. The trustee shall provide a final notice at the time distributions to charitable beneficiaries commence. The initial, updated, and final notices shall be submitted on Form NHCT-18 “Notice of Irrevocable Charitable Interest in Trust,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

(b) The trustee shall provide with Form NHCT-18 the following:

(1) In the initial notice, a copy of the trust instrument and any amendments. Those portions of the trust instrument and amendments that do not relate to the administration of the trust or that relate to non-charitable beneficial interests may be excluded; and

(2) In the final notice, a copy of a statement showing the valuation of the trust if the distribution is based on a formula and documentation to verify the distributions to charitable beneficiaries.

(d) Form NHCT-18 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

(e) If, under the terms of the trust, the trustee shall not complete all distributions to charitable beneficiaries within one year from inception of the trustee’s power to make such distributions, the trust must register with the charitable trusts unit by filing Form NHCT-11.

(f) Form NHCT-18 shall not be used to notify the charitable trusts unit of testamentary trusts with charitable beneficiaries.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 404 Annual Reports of Charitable Trusts

N.H. Code Admin. R. Ann. Jus 404.01 Reporting Requirement {#sec-jus-404.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 404.01}

(a) Any registered charitable trust described in Jus 402.01(a) or (b) shall submit to the charitable trusts unit on an annual basis Form NHCT-12 “Annual Report,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.

(b) New Hampshire governmental entities holding donated funds in trust shall submit annual reports to the charitable trusts unit in accordance with Jus 404.06.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 404.02 Form NHCT-12 Annual Report {#sec-jus-404.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 404.02}

(a) Charitable trusts shall complete and submit their annual reports on Form NHCT-12 “Annual Report,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.

(b) Charitable trusts shall provide the following documents with the completed Form NHCT-12:

(1) One of the following types of financial reports for the fiscal year for which the report is filed:

a. Form NHCT-12 Schedule A;

b. Internal Revenue Service Form 990 (with the exception of Schedule B “Schedule of Contributors”);

c. Internal Revenue Service Form 990-EZ (with the exception of Schedule B “Schedule of Contributors”);

d. Internal Revenue Service Form 990-PF (with the exception of Schedule B “Schedule of Contributors”);

e. Internal Revenue Service Form 5227; or

f. Probate accounting submitted to the probate court;

(2) Form NHCT-12 Schedule B;

(3) If the charitable trust is a New Hampshire-based charitable trust and is not a private foundation, Form NHCT-12 Schedule C, and the charitable trust shall provide with Schedule C the following:

a. If any pecuniary benefit transactions listed on Schedule C amount to $5,000 or more during the year:

The written notice provided to the director pursuant to RSA 7:19-a, II(d);
The notice published in the newspaper pursuant to RSA 7:19-a, II(d); and
The minutes of the meeting of the board, approving the transaction;

b. Any amendments to the governing documents of the charitable trust; and

c. If the entity was the subject of any fine, penalty, or adverse judgment, documentation setting forth the fine, penalty, or adverse judgment;

(4) If the charitable trust has issued any charitable gift annuities, in accordance with Jus 411, Form NHCT-12 Schedule D; and

(5) If the charitable trust has terminated, dissolved, ceased its charitable purposes in New Hampshire, or otherwise seeks to withdraw its registration with the charitable trusts unit, Form NHCT-12 Schedule E, and the charitable trust shall provide with Schedule E the following:

a. With respect to dissolution of a New Hampshire nonprofit corporation, the secretary of state Form NP-5 “Statement of Dissolution,” available online https://sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees/;

b. With respect to dissolution of an unincorporated association, the minutes of the governing board meeting at which the vote to dissolve was approved;

c. With respect to the merger of a New Hampshire nonprofit corporation, the plan of merger filed with the secretary of state pursuant to RSA 292:7;

d. With respect to termination of an express trust, the court order, nonjudicial settlement agreement, or other document that reflects termination;

e. With respect to cessation of charitable activities by a nonprofit organization that has not been determined by the Internal Revenue Service to be a tax exempt organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, as amended, the minutes of the governing board meeting at which the vote to cease charitable activities was approved;

f. With respect to the withdrawal from New Hampshire by a foreign nonprofit corporation that is registered with the New Hampshire secretary of state, the secretary of state form FNP-5 “Application for Certificate of Withdrawal of a Foreign Nonprofit Corporation,” available online https://sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees/; or

g. With respect to the withdrawal from New Hampshire by a foreign nonprofit corporation that dissolved as a corporation, the dissolution document filed with the foreign nonprofit corporation’s state of incorporation;

(6) If the charitable trust is a New Hampshire-based organization with annual revenue that exceeds $500,000 and is not a private foundation, one of the following financial statements:

a. For charitable organizations with annual revenue of $500,000 or more but less than $2,000,000, a financial statement prepared in accordance with generally accepted accounting principles; or

b. For charitable organizations with annual revenue of $2,000,000 or more, an audited financial statement; and

(7) If the charitable trust files Internal Revenue Service Form 1041, the organization’s Form 1041 for the fiscal year for which the report is filed.

(c) A charitable trust required to file a financial statement in accordance with Jus 404.02(b)(6) may seek an exemption from that requirement by submitting a written request to the director setting forth why the requirement constitutes a financial burden on the entity. The director shall grant such an exemption if the director determines that the requirement would constitute a financial burden on the entity, and:

(1) The charitable trust is in good standing as set forth in Jus 406.02(a)(4); and

(2) The charitable trust was not required in the prior year to submit the particular financial statement.

(d) Form NHCT-12 shall be signed under oath by the presiding officer or treasurer of the governing board or a trustee of an express trust. Form NHCT-12 may be signed by the executive director or other paid employee of a charitable organization only if the entity is not New Hampshire-based.

(e) Form NHCT-12 may be submitted by an authorized agent if the form is electronically filed and the charitable trust submits for the applicable fiscal year Form NHCT-50 “Authorization for Electronic Filing by Agent,” pursuant to Jus 412.

(f) The completed Form NHCT-12 shall be accompanied by a non-refundable fee of $75.00, unless previously paid with a Form NHCT-14 “Application for Extension of Time to File Annual Report,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm..

(g) Form NHCT-12 and accompanying schedules and documents shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 404.03 Suspension of Annual Report Filing Requirement {#sec-jus-404.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 404.03}

(a) Any charitable trust with the combined value of investments and revenues of less than $10,000 may submit a written application for suspension of the annual report filing requirement for up to 5 years if it meets the following requirements:

(1) The charitable trust has in the previous 10 years been in compliance with all applicable laws and rules pertaining to charitable trusts, including, but not limited to, all registration and reporting requirements;

(2) The charitable trust has filed in a timely and complete manner at least one annual report;

(3) The charitable trust has not in the previous 3 years and will not during the period of the suspension engage fundraising counsel or a paid solicitor in connection with solicitation of money or other property from the public; and

(4) The charitable trust has not in the previous 3 years and will not during the period of suspension engage in bingo or other charitable gaming activities.

(b) Applications for the suspension of annual report filing requirements shall be submitted on Form NHCT-13 “Application to Suspend Annual Report Filing,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

(c) Form NHCT-13 shall be signed by the presiding officer or treasurer of the governing board or a trustee if an express trust. Form NHCT-13 may be signed by the executive director or other paid employee of a charitable organization only if the charitable trust is not New Hampshire-based.

(d) The charitable trusts unit shall suspend for a period of not more than 5 years the filing requirements of a charitable trust that meets the requirements in Jus 404.03(a) if the director determines that the interests of any beneficiaries would not be prejudiced by the suspension and that periodic reports during the period of suspension are not required for the proper supervision by the charitable trusts unit.

(e) During the period of suspension, the charitable trust shall:

(1) Refrain from engaging fundraising counsel or paid solicitors in connection with its solicitation of money or other property from the public;

(2) Refrain from operating bingo or engaging in other charitable gaming activities;

(3) File an annual report for any year in which it holds investments or earned revenue aggregating more than $10,000; and

(4) Notify the charitable trusts unit no later than 90 days prior to the dissolution of the charitable trust or the transfer of a major asset.

(f) Any charitable trust granted a suspension under this section shall, at the end of the suspension period, file an annual report covering the entire period of the suspension.

(g) Any charitable trust granted a suspension under this section may end its suspension prior to the end of its approved suspension period by filing an annual report covering all fiscal years that have elapsed during the charitable trust’s suspension period.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 404.04 Deadline for Filing Annual Reports {#sec-jus-404.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 404.04}

(a) The first annual report of the charitable trust shall be filed with the charitable trusts unit on or before:

(1) Four months and 15 days following the close of the charitable trust’s first full fiscal year following the date of issuance of the registration certificate, if the charitable trust was established, incorporated, or otherwise formed less than six months prior to the issuance of the registration certificate; or

(2) Four months and 15 days following the close of the fiscal year in which the charitable trust’s registration certificate was issued, if the charitable trust was established, incorporated, or otherwise formed six months or more prior to the issuance of the registration certificate.

(b) The charitable trust shall thereafter file its annual reports annually on or before the date 4 months and 15 days following the close of the charitable trust’s fiscal year.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 404.05 Form NHCT-14 Application for Extension of Time to File Annual Report {#sec-jus-404.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 404.05}

(a) Any charitable trust that is in good standing status with the charitable trusts unit as defined in Jus 406.02(a)(4) may request an extension of the deadline to file its annual report for 6 months by submitting Form NHCT-14 “Application for Extension of Time to File Annual Report,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

(b) Any charitable trust seeking an extension of time to file an annual report shall file Form NHCT-14 “Application for Extension of Time to File Annual Report,” effective September 2022, on or before the date on which the annual report is due to be filed with the charitable trusts unit.

(d) Form NHCT-14 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

(e) A separate Form NHCT-14 shall be filed for each charitable trust that seeks an extension of time to file its annual report, unless Form NHCT-14 is submitted electronically on behalf of multiple charitable trusts.

(f) The Form NHCT-14 application shall be granted unless within 20 business days after receipt of Form NHCT-14, the charitable trusts unit notifies the charitable trust in writing that:

(1) The Form NHCT-14 contains errors or omissions;

(2) The charitable trust is required to submit additional information;

(3) The Form NHCT-14 is not timely filed;

(4) The charitable trust has failed to submit its NHCT-12 Annual Report form for the prior fiscal year; or

(5) The Form NHCT-14 application otherwise has been denied in whole or in part.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 404.06 Reporting of Trust Funds Held By Governmental Entities {#sec-jus-404.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 404.06}

(a) In accordance with RSA 11:5-b, II, the state treasurer shall submit to the charitable trusts unit on an annual basis a list of any donated funds held in trust by the state of New Hampshire. The list shall include the name, purpose, and current dollar value of each fund.

(b) In accordance with RSA 23:21, county treasurers shall submit to the charitable trusts unit on an annual basis a list of any donated funds held in trust by the county. The list shall include the name, purpose, and current dollar value of each fund.

(c) In accordance with RSA 31:38 and Rev 1707.05 and Rev 1707.06, municipal trustees of trust funds shall submit online on an annual basis no later than 2 months after the end of the municipality’s fiscal year department of revenue administration Forms MS-9, “Report of Trust and Capital Reserve Funds” and MS-10, “Report of Common Trust Fund Investments,” available online at https://www.doj.nh.gov/charitable-trusts/municipalities.htm.

(d) In accordance with RSA 202-A:12-a, municipal library trustees shall submit to the charitable trusts unit on an annual basis no later than 2 months after the end of the municipality’s fiscal year a list of any donated funds held in trust by the trustees. The list shall include the name, purpose, and current dollar value of each fund. In the alternative, municipal library trustees shall submit to the charitable trusts unit their annual financial reports.

(e) The director may require that any governmental entity holding donated funds submit to the charitable trusts unit additional information concerning the purpose, distribution, or investment of any trust funds held by the governmental entity.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 405 Register of Charitable Trusts

N.H. Code Admin. R. Ann. Jus 405.01 Register {#sec-jus-405.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 405.01}

The charitable trusts unit shall maintain a register of charitable trusts in accordance with RSA 7:19, I.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 405.02 Contents of the Register {#sec-jus-405.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 405.02}

(a) The contents of the register described in Jus 405.01 shall include, in paper, microfiche, or electronic format, the following documents pertaining to each charitable trust:

(1) Any application for registration in accordance with Jus 402 or notification in accordance with Jus 403 and accompanying documents submitted to the charitable trusts unit;

(2) At least the 3 most recent years of any annual reports submitted to the charitable trusts unit in accordance with RSA 7:28 and Jus 404.02;

(3) At least the 3 most recent years of any financial statements submitted in accordance with RSA 7:28, III and Jus 404.02(b)(6);

(4) Any Form NHCT-10, NHCT-13, NHCT-14, NHCT-16, NHCT-5, NHCT-17, NHCT-18, NHCT-31, NHCT-32, or NHCT-33 submitted to the charitable trusts unit by the charitable trust in the previous 3 years;

(5) Any court decree pertaining to the charitable trust in any case in which the director or the attorney general was a party; and

(6) Any administrative action taken by the director or the attorney general pertaining to the charitable trust.

(b) The contents of the register shall not include:

(1) Information pertaining to any of the following agencies or organizations that are exempt by law from the registration and reporting requirements under RSA 7:19, I:

a. The United States, any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any of their agencies or subdivisions; and

b. Religious organizations;

(2) With the exception of the documents described in Jus 405.02(a), records, documents, and materials created or obtained by the charitable trusts unit during the course of the director’s duties to supervise, investigate, and enforce charitable trusts pursuant to RSA 7:19, including but not limited to, any and all records and materials pertaining to investigations of charitable trusts;

(3) Documents and materials that are legally privileged;

(4) Documents reflecting home addresses, personal electronic mail addresses, home telephone numbers, and other personal information of members of the governing boards, trustees, witnesses, employees, volunteers, or other individuals; and

(5) Documents and materials that are not subject to public disclosure under any applicable provision of RSA 91-A or RSA 91-C.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 405.03 Public Inspection of the Register {#sec-jus-405.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 405.03}

In responding to requests for inspection of the register, the charitable trusts unit shall comply with all applicable provisions of RSA 91-A and RSA 91-C.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 406 Directories

N.H. Code Admin. R. Ann. Jus 406.01 Electronic Publication {#sec-jus-406.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 406.01}

In accordance with RSA 7:32-a, the director shall prepare and cause to be published on the website for the department of justice a directory of charitable trusts.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 406.02 Directory of Charitable Trusts {#sec-jus-406.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 406.02}

(a) The online directory of charitable trusts described in Jus 406.01 shall include the following information:

(1) Name of each charitable trust registered with the charitable trusts unit;

(2) Address of the charitable trust on file with the charitable trusts unit;

(3) Charitable trusts unit registration number; and

(4) Status of the charitable trust, as one of the following:

a. “Good standing,” which means that the charitable trust is properly registered, is not more than 6 months in arrears in its submission of complete annual reports, has otherwise complied with statutory and rule requirements, and is not currently subject to any form of sanction, revocation, or penalty by the charitable trusts unit or by a court or regulatory agency of the United States government, New Hampshire, or another state;

b. “Not in good standing,” which means that the charitable trust is not properly registered, is more than 6 months in arrears in its submission of complete annual reports, has otherwise failed to comply with statutory or rule requirements, or is subject to sanction, revocation, or penalty by the charitable trusts unit or by a court or regulatory agency of the United States government, New Hampshire, or another state; or

c. “Suspended from filing requirements,” which means that the charitable trust has filed an application to suspend for a period of years its annual report requirement pursuant to RSA 7:28, III and Jus 404.03, and the application has been granted.

(b) The fact that a charitable trust is listed in the directory in good standing shall not be proof that the entity is in full compliance with all applicable laws, rules, and regulations.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 407 Withdrawal

N.H. Code Admin. R. Ann. Jus 407.01 Notice of Withdrawal {#sec-jus-407.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 407.01}

Any charitable trust that seeks to withdraw its registration with the charitable trusts unit because it has dissolved, merged with another entity, terminated, ceased charitable activities, or, in the case of a foreign nonprofit corporation, withdrawn from charitable activities in New Hampshire, shall complete and submit to the charitable trusts unit either in hard copy or electronic format a final Form NHCT-12 “Annual Report,” effective September 2022, including Schedule E in accordance with Jus 404.02.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 407.02 Foreign Nonprofit Corporations {#sec-jus-407.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 407.02}

(a) Any foreign nonprofit corporation that seeks to withdraw its registration because it has withdrawn from charitable fundraising and charitable activities in New Hampshire, may, in lieu of filing a final Form NHCT-12 in accordance with Jus 407.01, file Form NHCT-16 “Withdrawal of Registration of Foreign Nonprofit Corporation,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm, provided that the foreign nonprofit corporation timely filed with the charitable trusts unit a Form NHCT-12 within 6 months of filing Form NHCT-16.

(b) Any foreign nonprofit corporation that is registered with the New Hampshire secretary of state and withdraws from New Hampshire as a foreign nonprofit corporation shall provide with Form NHCT-16 New Hampshire secretary of state Form FNP-5 “Application for Certificate of Withdrawal of a Foreign Nonprofit Corporation,” available online https://sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees/domestic-and-foreign-nonprofit-corporation/.

(c) Any foreign nonprofit corporation that is not registered with the New Hampshire secretary of state that seeks to withdraw from registration because it is dissolving as a corporation shall file with Form NHCT-16 the dissolution document filed with the foreign nonprofit corporation’s state of incorporation.

N.H. Code Admin. R. Ann. Jus 407.03 Deadline for Filing {#sec-jus-407.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 407.03}

The notice of withdrawal pursuant to Jus 407.01 shall be submitted to the charitable trusts unit on or before the deadline for filing the charitable trust’s annual report in accordance with Jus 404.04.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 408 Fund Raising Counsel

N.H. Code Admin. R. Ann. Jus 408.01 Registration Requirement {#sec-jus-408.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 408.01}

(a) In accordance with RSA 7:28-b, fund raising counsel shall register with the charitable trusts unit prior to performing services in New Hampshire on behalf of a charitable trust and thereafter on an annual basis on or before the anniversary date of the initial registration by submitting Form NHCT-20 “Application for Registration or Renewal of Fund Raising Counsel,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm. Registration shall be effective for one year from the date it is accepted by the charitable trusts unit.

(b) Fund raising counsel shall supply with Form NHCT-20 the following:

(1) With the initial application, articles of incorporation or other formation document with any amendments; and

(2) A detailed explanation or documentation of any action taken by a state or federal agency or court to deny, suspend, revoke, or enjoin registration of fundraising counsel.

(c) Form NHCT-20 shall be signed under oath by a duly authorized representative of the fund raising counsel. Form NHCT-20 may be submitted by an authorized agent if the form is electronically filed and the fund raising counsel submits for the applicable year Form NHCT-50 “Authorization for Electronic Filing by Agent,” pursuant to Jus 412.

(d) The completed Form NHCT-20 shall be accompanied by a non-refundable fee of $150.00.

(e) Form NHCT-20 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 408.02 Notice of Fundraising Counsel Contract {#sec-jus-408.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 408.02}

(a) Prior to performing services in New Hampshire on behalf of a charitable trust, fund raising counsel and the charitable trust for which fund raising counsel intends to perform services shall enter into a contract that complies with RSA 7:28-b, I and II.

(b) Prior to performing services in New Hampshire on behalf of a charitable trust, fund raising counsel shall file with the charitable trusts unit Form NHCT-23 “Notice of Fundraising Counsel Contract,” effective September 2022, available at https://www.doj.nh.gov/charitable-trusts/forms.htm.

(1) The written contract between fund raising counsel and the charitable trust for which fund raising counsel intends to perform services; and

(2) Any amendments to the written contract between fund raising counsel and the charitable trust for which fund raising counsel intends to perform services.

(d) Form NHCT-23 shall be signed by a duly authorized representative of fund raising counsel.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 408.03 Acceptance by the Charitable Trusts Unit {#sec-jus-408.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 408.03}

Fund raising counsel shall not begin performing services in New Hampshire until after registration in accordance with Jus 408.01 and the notice of fund raising counsel contract in accordance with Jus 408.02 are accepted by the charitable trusts unit. The registration and notice of fund raising contract shall be deemed accepted 10 business days after receipt by the charitable trusts unit unless the charitable trusts unit notifies fund raising counsel of any deficiencies.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 408.04 Records Retention {#sec-jus-408.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 408.04}

Fund raising counsel shall maintain for 3 years after completion of each solicitation campaign and make available to the charitable trusts unit upon request the following:

(a) Written accounting(s) provided by fund raising counsel to the charitable trust in accordance with RSA 7:28-b, II(c);

(b) Record of all contributions at any time in the custody of fund raising counsel, including the name and address of each contributor and the date and amount of each contribution; and

(c) The location and account number of all bank or other financial institution accounts in which the fund raising counsel deposited revenue from each solicitation campaign.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 409 Paid Solicitor

N.H. Code Admin. R. Ann. Jus 409.01 Registration Requirement {#sec-jus-409.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 409.01}

Any paid solicitor shall register with the charitable trusts unit prior to performing services in New Hampshire on behalf of a charitable trust or police, law enforcement, or firefighters’ association and thereafter on an annual basis on or before the anniversary date of the initial registration by submitting Form NHCT-21 “Application for Registration or Renewal of Paid Solicitor,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm. Registration shall be effective for one year from the date the registration is accepted by the charitable trusts unit.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 409.02 Form NHCT-21 Application for Registration or Renewal of Paid Solicitor {#sec-jus-409.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 409.02}

(a) Any paid solicitor shall supply with Form NHCT-21 the following:

(1) With the initial application, articles of incorporation or other formation document with any amendments; and

(2) A detailed explanation or documentation of any action taken by a state or federal agency or court to deny, suspend, revoke, or enjoin registration of the paid solicitor.

(b) Form NHCT-21 shall be signed under oath by a duly authorized representative of the paid solicitor. Form NHCT-21 may be submitted by an authorized agent if the form is electronically filed and the paid solicitor submits for the applicable year Form NHCT-50 “Authorization for Electronic Filing by Agent,” pursuant to Jus 412.

(d) The paid solicitor shall obtain a paid solicitor surety bond in the amount of $20,000.00 that is in effect for the period of registration and submit with the completed Form NHCT-21 one of the following:

(1) A copy of the bond executed by a surety company; or

(2) A bond continuation certificate executed by a surety company.

(e) Form NHCT-21 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

(f) Any paid solicitor that intends to use an “automatic telephone dialing system” as defined in RSA 359-E:1, I for “solicitation” as defined in RSA 359-E:1, II shall also register with the consumer protection and antitrust bureau of the New Hampshire department of justice.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 409.03 Form NHCT-25 Solicitation Notice {#sec-jus-409.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 409.03}

(a) Prior to each solicitation campaign and annually thereafter during the course of the campaign on behalf of a charitable trust or police, law enforcement, or firefighters’ association, any paid solicitor shall complete and submit to the charitable trusts unit a completed Form NHCT-25 “Solicitation Notice,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.

(b) Any paid solicitor shall supply with Form NHCT-25 the written contract between the paid solicitor and the charitable trust or police, law enforcement, or firefighters’ association.

(c) The contract between the paid solicitor and the charitable trust or police, law enforcement, or firefighters’ association shall comply with RSA 7:28-c, V.

(d) Form NHCT-25 shall be signed under oath by a duly authorized representative of the paid solicitor. Form NHCT-25 may be submitted by an authorized agent of the paid solicitor if the form is electronically filed and the paid solicitor submits for the applicable year Form NHCT-50 “Authorization for Electronic Filing by Agent,” pursuant to Jus 412.

(e) An authorized representative of the charitable trust or police, law enforcement, or firefighters’ association on whose behalf the solicitation campaign will be conducted shall either:

(1) Sign the Form NHCT-25 that is also signed by the paid solicitor; or

(2) Sign in ink and submit to the charitable trusts unit Form NHCT-27 “Solicitation Notice or Joint Financial Report Certification,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm, along with the Form NHCT-25 signed by an authorized representative of the paid solicitor.

(f) The completed Form NHCT-25 shall be accompanied by a non-refundable fee of $200.00.

(g) Form NHCT-25 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 409.04 Acceptance by the Charitable Trusts Unit {#sec-jus-409.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 409.04}

Any paid solicitor shall not begin performing services in New Hampshire until after registration and the solicitation notice are accepted by the charitable trusts unit. The registration and solicitation notice shall be deemed accepted 10 business days after receipt by the charitable trusts unit unless the charitable trusts unit notifies fund raising counsel of any deficiencies.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 409.05 Charitable Trusts {#sec-jus-409.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 409.05}

Form NHCT-26 Joint Financial Report.

(a) A paid solicitor shall file with the charitable trusts unit Form NHCT-26 “Joint Financial Report,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm, within 90 days after a solicitation campaign has been completed.

(b) If the solicitation campaign extends over more than a 12-month period, in addition to filing Form NHCT-26 upon completion of the campaign, the paid solicitor shall also file a Form NHCT-26 “Joint Financial Report,” on an annual basis on the anniversary date of the commencement of the campaign.

(c) Form NHCT-26 shall be signed under oath by a duly authorized representative of the paid solicitor. Form NHCT-26 may be submitted by an authorized agent of the paid solicitor if the form is electronically filed and the paid solicitor submits for the applicable year Form NHCT-50 “Authorization for Electronic Filing by Agent,” pursuant to Jus 412.

(d) An authorized representative of the charitable trust or police, law enforcement, or firefighters’ association on whose behalf the solicitation campaign was conducted shall either:

(1) Sign the Form NHCT-26 that is also signed by the paid solicitor; or

(2) Sign in ink and submit to the charitable trusts unit Form NHCT-27 “Solicitation Notice or Joint Financial Report Certification,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm, along with the Form NHCT-26 signed by a representative of the paid solicitor.

(e) Form NHCT-26 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 409.06 Changes to Information {#sec-jus-409.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 409.06}

The paid solicitor shall report in writing to the charitable trusts unit within 7 calendar days any material changes to information filed with the charitable trusts unit.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 409.07 Records Retention {#sec-jus-409.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 409.07}

The paid solicitor shall maintain for 3 years after completion of each solicitation campaign and make available to the charitable trusts unit upon request the records described in RSA 7:28-c, VIII.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 410 Charitable Sales Promotion

N.H. Code Admin. R. Ann. Jus 410.01 Contract {#sec-jus-410.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 410.01}

Any charitable trust that agrees to permit a commercial co-venturer to conduct a charitable sales promotion on its behalf shall enter into a written agreement with the commercial co-venturer that complies with the requirements set forth in RSA 7:28-d, II.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 410.02 Notice {#sec-jus-410.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 410.02}

Any charitable trust that agrees to permit a charitable sales promotion to be conducted by a commercial co-venturer on its behalf shall file with the charitable trusts unit Form NHCT-22 “Notice of Charitable Sales Promotion,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm prior to the date on which the charitable sales promotion commences.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 410.03 Form NHCT-22 Notice of Charitable Sales Promotion {#sec-jus-410.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 410.03}

(a) Any charitable trust that agrees to permit a charitable sales promotion to be conducted by a commercial co-venturer on its behalf shall submit to the charitable trusts unit with Form NHCT-22 a copy of the written agreement required by RSA 7:28-d, II.

(b) Form NHCT-22 shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 410.04 Final Accounting {#sec-jus-410.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 410.04}

The charitable trust shall prepare, maintain for 3 years, and make available to the charitable trusts unit upon request, a final accounting of any charitable sales promotion that includes the following information:

(a) Gross sales volume related to the charitable sales promotion;

(b) Calculation of the amount payable to the charitable trust;

(d) An itemized list of expenses deducted from the amount payable to the charitable trust, if applicable.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 411 Charitable Gift Annuities

N.H. Code Admin. R. Ann. Jus 411.01 Initial Notification Required {#sec-jus-411.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 411.01}

(a) Any charitable trust that issues qualified charitable gift annuities shall notify the director within 90 days after the charitable trust enters into its first qualified charitable gift annuity agreement by filing with the charitable trusts unit one of the following:

(1) Form NHCT-15 “Charitable Gift Annuity Certification,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm; or

(2) Schedule D of Form NHCT-12 “Annual Report,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

(b) Form NHCT-15 shall be signed by the president or chief executive officer of the charitable trust.

(c) The notice required in Jus 411.01(a) shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 411.02 Recertification Required {#sec-jus-411.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 411.02}

(a) Any charitable trust that issues qualified charitable gift annuities shall annually recertify that the annuities issued by the charitable trust shall be limited to qualified charitable gift annuities as defined in RSA 403-E:1,V by filing with the charitable trusts unit either Form NHCT-15 or Schedule D of Form NHCT-12, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

(b) The recertification required in Jus 411.02(a) shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 412 Electronic Filing by Authorized Agent

N.H. Code Admin. R. Ann. Jus 412.01 Authorized Agent {#sec-jus-412.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 412.01}

Any charitable trust, fundraising counsel, or paid solicitor may authorize an individual or entity to serve as its authorized agent for the purposes of electronically filing on its behalf Form NHCT-11, Form NHCT-12, Form NHCT-20, Form NHCT-21, Form NHCT-25, or Form NHCT-26 by filing a completed Form NHCT-50 “Authorization for Electronic Filing by Agent,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 412.02 Charitable Trusts {#sec-jus-412.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 412.02}

Form NHCT-50 Authorization for Electronic Filing by Agent.

(a) Form NHCT-50 shall be signed in ink on behalf of a charitable trust by one of the following:

(1) A trustee if the charitable trust is an express trust;

(2) The presiding officer or treasurer of the governing board; or

(3) If the organization is not New Hampshire-based, the executive director of the organization.

(b) Form NHCT-50 shall be signed in ink on behalf of fundraising counsel or a paid solicitor by an officer of the fundraising counsel or paid solicitor.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 413 Investigations

N.H. Code Admin. R. Ann. Jus 413.01 Time and Scope of Investigations {#sec-jus-413.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 413.01}

In accordance with RSA 7:24, the director shall conduct such investigations as the director deems necessary to fulfill the director’s responsibilities in connection with the supervision, administration, and enforcement of charitable trusts, charitable solicitations, and charitable sales promotions.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 413.02 Notice to Attend Investigation {#sec-jus-413.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 413.02}

(a) Any notice to attend investigation issued by the director pursuant to RSA 7:24 or RSA 7:25 shall include the following information:

(1) Date, time, and place of the investigation;

(2) Nature of the investigation;

(3) Statutory authority for the investigation;

(4) Any records, documents, or other materials that the recipient of the notice is required to produce; and

(5) Consequences of failure to attend the investigation or to produce the records identified in the notice.

(b) Any notice to attend investigation issued to a financial institution or creditor shall comply with RSA 359-C:4 and RSA 359-C:8.

(c) Any testimony taken and documents produced at an investigation pursuant to RSA 7:24 and RSA 7:25 shall be submitted under oath, unless waived by the director.

(d) Any investigation conducted pursuant to RSA 7:24 and RSA 7:25 shall be recorded if the director determines that further investigation is likely. The charitable trusts unit shall make available a copy of the recording to any participant at the participant’s request and expense.

(e) Any investigation conducted pursuant to RSA 7:24 and RSA 7:25 may be held in person or remotely by telephone or video conference as determined by the director.

(f) Any recipient of the notice to attend investigation may make an oral or written request that the investigation be postponed to a later date or time, and such request shall be granted if the director determines that good cause has been demonstrated. Good cause shall include the unavailability of the recipient or their attorney or the unavailability of any records requested in the notice.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 413.03 Investigative Records Not Subject to Public Inspection {#sec-jus-413.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 413.03}

Information and records obtained during investigations conducted by the charitable trusts unit shall not be subject to public inspection under RSA 7:23.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 414 Revocation of Registration

N.H. Code Admin. R. Ann. Jus 414.01 Revocation of Registration {#sec-jus-414.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 414.01}

(a) The director shall revoke the registration of a charitable trust, fund raising counsel, or paid solicitor if the director determines, after an investigation conducted pursuant to RSA 7:24 or RSA 7:25, that the registered charitable trust, fund raising counsel, or paid solicitor has engaged in any material acts or practices declared unlawful under RSA 7:28-f. The director shall give notice of the revocation by certified mail, return receipt requested, to the charitable trust and its directors or trustees, fund raising counsel, or paid solicitor at the most current addresses on file with the charitable trusts unit.

(b) The director shall revoke the registration of a charitable trust, fundraising counsel, or paid solicitor if its registration has been revoked in any state or has been ordered by a court or governmental agency to cease soliciting contributions within any state. The director shall give notice of the revocation by certified mail, return receipt requested, to the charitable trust and its directors or trustees, fund raising counsel, or paid solicitor at the most current addresses on file with the charitable trusts unit.

(c) Following revocation, a charitable trust, fundraising counsel, or paid solicitor shall refrain from conducting operations, soliciting funds, and otherwise engaging in fundraising or fundraising services in New Hampshire.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 414.02 Director’s Authority {#sec-jus-414.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 414.02}

Nothing in these rules adopted by the department of justice shall limit or prevent the director from taking any action consistent with the director’s authority under RSA 7:19 through RSA 7:32-l.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 415 Community Benefits Plan for Health Care Charitable Trusts

N.H. Code Admin. R. Ann. Jus 415.01 Annual Submission of Community Benefits Plan {#sec-jus-415.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 415.01}

Within 90 days of the start of its fiscal year, health care charitable trusts shall complete and submit online Form NHCT-31 “Community Benefits Plan Report,” effective September 2022, available at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 415.02 Community Needs Assessment {#sec-jus-415.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 415.02}

The health care charitable trust shall supply with Form NHCT-31 “Community Benefits Plan Report” any community needs assessment that it completed alone or in conjunction with other health care charitable trusts within the previous year.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 415.03 Form NHCT-33 Application for Extension of Time to File Community Benefits Plan Report {#sec-jus-415.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 415.03}

(a) Any health care charitable trust may request an extension of the deadline to file its annual community benefits plan report for up to 12 months by submitting a Form NHCT-33 “Application for Extension of Time to File Community Benefits Plan Report,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

(b) Any health care charitable trust seeking an extension of the deadline to file its annual community benefits plan report shall file a Form NHCT-33 “Application for Extension of Time to File Community Benefits Plan Report,” on or before the date on which the annual community benefits plan report is due to be filed with the charitable trusts unit.

(c) Form NHCT-33 “Application for Extension of Time to File Community Benefits Plan Report” shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

(d) The Form NHCT-33 application shall be granted unless within 21 days after receipt of Form NHCT-33, the charitable trusts unit notifies the health care charitable trust that the Form NHCT-33 is not timely filed or the application otherwise has been denied due to noncompliance with applicable statutes or rules.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 415.04 Exemption from Community Benefits Plan Requirement {#sec-jus-415.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 415.04}

(a) Any health care charitable trust for which compliance with the annual community benefits plan reporting requirement would be a financial or administrative burden may request that the director grant an exemption for 3 years by completing and filing Form NHCT-32 “Community Benefits Plan Application for Exemption,” effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm.

(b) The director shall grant an exemption from the annual community benefits plan reporting requirement for 3 years if the health care charitable trust demonstrates that it meets the following criteria:

(1) The health care charitable trust serves a specifically defined and very limited segment of the population and provides no health care services to the community at large;

(2) The cash assets of the health care charitable trust are valued at less than $100,000.00, and:

a. The financial resources of the health care charitable trust would be negatively impacted by the obligation to prepare annual community benefits plans; and

b. It is not possible to enter into a collaboration with another health care charitable trust for the purpose of preparing a community benefits plan; or

(3) The health care charitable trust does not have sufficient paid staff, volunteers, or other resources available to prepare the community benefits plan, and:

a. It does not have sufficient financial resources available to engage the services of an outside entity for the purposes of preparing the community benefits plan; and

b. It is not possible to enter into a collaboration with another health care charitable trust for the purpose of preparing a community benefits plan.

(c) Any health care charitable trust seeking an exemption under Jus 415.04(a) shall supply with Form NHCT-32 “Community Benefits Plan Application for Exemption” the following:

(1) If the health care charitable trust seeks an exemption under Jus 415.04(b)(1), copies of the health care charitable trust’s mission statement, articles of agreement, bylaws, and other governing documents;

(2) If the health care charitable trust seeks an exemption under Jus 415.04(b)(2):

a. Copies of the health care charitable trust’s mission statement, articles of agreement, bylaws, and other governing documents; and

b. Copy of the health care charitable trust’s Internal Revenue Service Form 990, Internal Revenue Service Form 990-EZ, audited financial statement, or other financial report for the most recent accounting period;

(3) If the health care charitable trust seeks an exemption under Jus 415.04(b)(3):

a. Copies of the health care charitable trust’s mission statement, articles of agreement, bylaws, and other governing documents;

c. An organizational chart showing all paid full- and part-time positions.

(d) Form NHCT-32 “Community Benefits Plan Application for Exemption” shall be signed by the presiding officer or treasurer of the governing board under penalty of false written statement in accordance with RSA 641:3 and RSA 641:8.

(e) Form NHCT-32 “Community Benefits Plan Application for Exemption” shall be submitted to the charitable trusts unit online at www.doj.nh.gov/charitable-trusts/forms.htm.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 416 Donated Conservation Easements

N.H. Code Admin. R. Ann. Jus 416.01 Amendment to or Termination of Donated Conservation Easement {#sec-jus-416.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 416.01}

Any requests for review of an amendment to or termination of a donated conservation easement shall be submitted to the director not less than 60 days prior to the effective date of the amendment or termination.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 416.02 Request for Review of Donated Conservation Easement Amendment or Termination {#sec-jus-416.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 416.02}

Any request for review by the director of any amendments to or terminations of a donated conservation easement shall include the following:

(a) Original easement deed and any previously executed amendments thereto;

(b) Proposed amendment to or termination of the easement deed; and

(1) Clearly serves the public interest and is consistent with the easement holder’s mission;

(2) Complies with all applicable federal, state, and local laws;

(3) Does not jeopardize the easement holder’s tax exempt status or status as a charitable organization under either federal or state law, if the easement holder is a land trust or other charitable organization;

(4) Does not result in private inurement or confer impermissible private benefit, as those terms are used for federal tax law purposes and RSA 7:19-a;

(5) Is consistent with the conservation purpose(s) and intent of the easement;

(6) Is consistent with the documented intent of the donor, grantor, and any direct funding source; and

(7) Has a net beneficial or neutral effect on the relevant conservation values or attribute protected by the easement.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 416.03 Additional Information {#sec-jus-416.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 416.03}

The director shall require the submission of additional information or documentation when necessary to complete the review.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 416.04 Review by the Director {#sec-jus-416.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 416.04}

(a) The director shall review the request for review.

(b) Based upon the extent to which the amendment complies with the principles set forth in Jus 416.02, the director shall issue a written determination as to whether to:

(1) Take no action to oppose the easement amendment or termination;

(2) Take no action to oppose the easement amendment or termination subject to particular conditions;

(3) Oppose the easement amendment or termination; or

(4) Require court approval of the easement amendment or termination.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 417 Waiver of Rules

N.H. Code Admin. R. Ann. Jus 417.01 Waiver of Rules {#sec-jus-417.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 417.01}

(a) The director, upon the director’s own initiative or upon request by a charitable trust, fundraising counsel, or paid solicitor, shall waive any requirement of this chapter if such waiver does not contradict the objective or intent of the rule and:

(1) Applying the rule would cause confusion or would be misleading to the public;

(2) The rule is in whole or in part inapplicable to the given circumstances;

(3) There are specific circumstances unique to the situation such that strict compliance with the rule would be onerous without promoting the objective or intent of the rule; or

(4) Any other similar extenuating circumstances exist such that application of an alternative standard or procedure better promotes the objective or intent of the rule.

(b) No requirement prescribed by statute shall be waived unless expressly authorized by law.

(c) Any person or entity seeking a waiver shall submit to the director a written request specifying the nature and duration of the waiver sought.

(d) A request for a waiver shall specify the basis for the waiver and proposed alternative, if any.

History

#13455, eff 10-7-22; ss by #14162, eff 12-27-24

Part Jus 418 Notice to the Director

N.H. Code Admin. R. Ann. Jus 418.01 Requirement of Written Notice {#sec-jus-418.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 418.01}

In any statute or rule requiring notice to the director, such notice shall be in writing.

History

#14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 418.02 Effective Date of Written Notice {#sec-jus-418.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 418.02}

Written notice to the director pursuant to Jus 418.02 shall be effective:

(a) The first business day following the electronic submission of an online form required for notice by these rules;

(b) Three business days after the submission, via USPS first class, postage prepaid, of any paper form required for notice by these rules to the submission address provided on the form;

(c) If notice is not required by rule to be given by an online or paper form, on the first business day following submission via email to CharitableTrustsUnit@doj.nh.gov, or three business days after the submission, via USPS first class, postage prepaid to the following address:

Charitable Trusts Unit

New Hampshire Department of Justice

1 Granite Place South

Concord, NH 03301

History

#14162, eff 12-27-24

Part Jus 419 WAIVER OF PROVISIONS OF RSA 292:6-a

N.H. Code Admin. R. Ann. Jus 419.01 Definitions {#sec-jus-419.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 419.01}

For purposes of RSA 292:6-a, the following terms shall have the following meanings:

(a) “Of the same immediate family” means a spouse, parent, grandparent, child, grandchild, sibling, or half-sibling, including a stepparent, step grandparent, stepchild, step grandchild, stepsibling, and step half-sibling.

(b) “Related by blood or marriage” means, in addition to any member of the same immediate family, as that term is defined in Jus 419.01(a), the following:

i. An uncle, aunt, nephew, niece, or first cousin;

ii. A step uncle, step aunt, step nephew, step niece, or first step cousin; and

iii. A parent-in-law, child-in-law, sibling-in-law, half-sibling-in-law, grandparent-in-law, grandchild-in-law, uncle-in-law, aunt-in-law, nephew-in-law, niece-in-law, or first cousin-in-law.

History

#14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 419.02 Request for Waiver {#sec-jus-419.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 419.02}

Any organization seeking, pursuant to RSA 292:6-a, a waiver by the director of the requirements of RSA 292:6-a shall submit to the director, in writing:

(a) A current list of the organization’s board of directors;

(b) An explanation of the provision of RSA 292:6-a for which a waiver is sought;

(c) An explanation of all relevant circumstances surrounding the request for waiver, including documentation of the organization’s efforts to comply with the requirements of RSA 292:6-a;

(d) An explanation as to how the waiver will be consistent with the intent of RSA 292:6-a of “encouraging diversity of discussion, connection with the public, and public confidence”; and

(e) A plan by which the organization will return to full compliance with all provisions of RSA 292:6-a within one year or, if the organization has been granted a suspension of annual report filing requirements pursuant to RSA 7:28, III and Jus 404.03, before the end of the organization’s suspension period.

History

#14162, eff 12-27-24

N.H. Code Admin. R. Ann. Jus 419.03 Granting of Waiver {#sec-jus-419.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 419.03}

The director shall grant a waiver request if:

(a) The requesting organization has submitted a complete request for waiver including all components prescribed by Jus 419.02;

(b) Compliance with RSA 292:6-a is not possible or practicable due to circumstances described in the request for waiver;

(c) Granting the waiver will not contradict the intent of RSA 292:6-a of “encouraging diversity of discussion, connection with the public, and public confidence”; and

(d) The organization has a feasible plan to return to full compliance with all provisions of RSA 292:6-a within one year or, if the organization has been granted a suspension of annual report filing requirements pursuant to RSA 7:28, III and Jus 404.03, before the end of the organization’s suspension period.

APPENDIX

Rule Number

State Statute Implemented

Jus 401.01

RSA 7:22

Jus 401.02

RSA 403-E:I, II

Jus 401.03

RSA 7:22

Jus 401.04

RSA 7:21, II(b)

Jus 401.05

RSA 7:22

Jus 401.06

RSA 7:22

Jus 401.07

RSA 7:21, I

Jus 401.08

RSA 7:21, II

Jus 401.09

RSA 7:20; RSA 7:22; RSA 21-M:11, II(c)

Jus 401.10

RSA 7:32-d, I

Jus 401.11

RSA 7:21, III

Jus 401.12

RSA 7:32-d, II

Jus 401.13

RSA 7:32-d, IV

Jus 401.14

RSA 7:22

Jus 401.15

RSA 7:32-f

Jus 401.16

RSA 7:20; RSA 7:22

Jus 401.17

RSA 7:22

Jus 401.18

RSA 7:22

Jus 401.19

RSA 7:22

Jus 401.20

RSA 7:21, V

Jus 401.21

RSA 7:22

Jus 401.22

RSA 7:22

Jus 401.23

RSA 7:32-d, V

Jus 401.24

RSA 7:22

Jus 401.25

RSA 7:21, VI

Jus 401.26

RSA 7:19-a, I(c)

Jus 401.27

RSA 292:2-a

Jus 401.28

RSA 547:3

Jus 401.29

RSA 403-E:1, V

Jus 401.30

RSA 7:22

Jus 401.31

RSA 7:19, I; 7:22

Jus 401.32

RSA 7:21, VII

Jus 401.33

RSA 7:22

Jus 401.34

RSA 7:21, VIII

Jus 402.01

RSA 7:19

Jus 402.02

RSA 7:22

Jus 402.03

RSA 7:22; RSA 7:28, I

Jus 402.04

RSA 7:22; RSA 7:28, I; RSA 7:28, III; RSA 7:28-a, I

Jus 402.05

RSA 7:22; RSA 7:28, III

Jus 402.06

RSA 7:22

Jus 403.01

RSA 7:22

Jus 403.02

RSA 7:22; RSA 7:28, I; RSA 7:28-a, I

Jus 404.01

RSA 7:28, II; RSA 7:28, III

Jus 404.02

RSA 7:28, II; RSA 7:28, III; RSA 7:28-a, II

Jus 404.03

RSA 7:28, III

Jus 404.04

RSA 7:28, II; RSA 7:28, III

Jus 404.05

RSA 7:28, III; RSA 7:28-a, II

Jus 404.06

RSA 11:5-b, II; RSA 23:21; RSA 31:25-c; RSA 31:33; RSA 31:38; RSA 202-A:12-a

Jus 405.01

RSA 7:19, I

Jus 405.02

RSA 7:19, I; RSA 7:22

Jus 405.03

RSA 7:22; RSA 7:23

Jus 406.01

RSA 7:22; RSA 7:32-a

Jus 406.02

RSA 7:22; RSA 7:32-a

Jus 407.01

RSA 7:22; RSA 7:28

Jus 407.02

RSA 7:22; RSA 7:28

Jus 407.03

RSA 7:22; RSA 7:28

Jus 408.01

RSA 7:28-b, II; RSA 7:28-b, III

Jus 408.02

RSA 7:28-b, I

Jus 408.03

RSA 7:28-b, IV

Jus 408.04

RSA 7:28-b, II(c); RSA 7:28-b, II(e)

Jus 409.01

RSA 7:28-c, II; RSA 7:28-c, III

Jus 409.02

RSA 7:28-c, II; RSA 7:28-c, III

Jus 409.03

RSA 7:28-c, IV; RSA 7:28-c, V

Just 409.04

RSA 7:28-c, XI

Jus 409.05

RSA 7:28-c, VII

Jus 409.06

RSA 7:28-c, X

Jus 409.07

RSA 7:28-c, VIII

Jus 410.01

RSA 7:28-d, II

Jus 410.02

RSA 7:22; RSA 7:28-d, I

Jus 410.03

RSA 7:22; RSA 7:28-d, I

Jus 410.04

RSA 7:22; RSA 7:28-d, III

Jus 411.01

RSA 403-E:3, II

Jus 411.02

RSA 403-E:3, II

Jus 412.01

RSA 7:22

Jus 412.02

RSA 7:22

Jus 413.01

RSA 7:24

Jus 413.02

RSA 7:25

Jus 413.03

RSA 7:23

Jus 414.01

RSA 7:22; RSA 7:28-f, II

Jus 414.02

RSA 7:19 through RSA 7:31-l

Jus 415.01

RSA 7:32-g

Jus 415.02

RSA 7:32-e; RSA 7:32-g

Jus 415.03

RSA 7:32-g, II

Jus 415.04

RSA 7:32-j

Jus 416.01

RSA 7:22

Jus 416.02

RSA 7:22

Jus 416.03

RSA 7:22

Jus 416.04

RSA 7:22

Jus 417

RSA 7:22

Jus 418

RSA 7:22

Jus 419

RSA 292:6-a

History

#14162, eff 12-27-24

Chapter Jus 600 Victims’ Compensation

Part Jus 601 Purpose and Scope

N.H. Code Admin. R. Ann. Jus 601.01 Purpose {#sec-jus-601.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 601.01}

The purpose of this chapter is to implement provisions of RSA 21-M:8-b through RSA 21-M:8-l and 34 U.S.C. 20101 et seq. by setting forth:

(a) The process by which eligible primary and related victims of crime can submit a claim, whether personally or through a representative, for compensation for eligible expenses incurred as a direct result of eligible crimes;

(b) The criteria that will be used by the commission to determine whether to grant or deny a claim for compensation, as well as the amount of the award when a claim is granted; and

History

#4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 601.02 Scope {#sec-jus-601.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 601.02}

This chapter shall apply to all claimants, including their representatives, and all providers who wish to accept compensation payments granted by the commission.

History

#4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

Part Jus 602 Definitions

N.H. Code Admin. R. Ann. Jus 602.01 Administrative claim {#sec-jus-602.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.01}

“Administrative claim” means a claim application that the unit has reviewed and determined to be complete and for which eligibility appears to be clear, irrespective of the amount of the claim or severity of the eligible crime.

History

#4864, eff 7-13-90; ss by #6052, eff 7-1-95, EXPIRED: 7-1-03
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 602.02 Advocate {#sec-jus-602.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.02}

“Advocate” means a person who is employed by or volunteers at a crisis center, prosecution or law enforcement agency, or other entity, and whose duty is to assist a victim or claimant in the criminal justice system, with victim services and support, or with the victim compensation process.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 602.03 Allowable expense {#sec-jus-602.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.03}

“Allowable expense” means a cost or expenditure that is identified as compensable under Jus 605.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99; ss by #7724, eff 6-29-02
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 602.04 Appeal {#sec-jus-602.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.04}

“Appeal” means to seek attorney general review of the decision of the commission to determine whether the decision should be reversed or modified.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 602.05 Award {#sec-jus-602.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.05}

“Award” means compensation granted to a claimant for eligible expenses pursuant to Jus 605.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.04)

N.H. Code Admin. R. Ann. Jus 602.06 Claimant {#sec-jus-602.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.06}

“Claimant” means a person who submits a claim for compensation under Jus 600 on behalf of himself or herself as a victim, or on behalf of another person who is a victim but is a minor, or on behalf of another person including but not limited to that person’s spouse, guardian, parent, or grandparent.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.05)

N.H. Code Admin. R. Ann. Jus 602.07 Collateral financial source {#sec-jus-602.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.07}

“Collateral financial source” means a fiscal resource available to or on behalf of a victim and that can be used to defray in whole or in part an expense that is reimbursable under Jus 600.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.06)

N.H. Code Admin. R. Ann. Jus 602.08 Commission {#sec-jus-602.08 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.08}

“Commission” means the victims’ assistance commission established pursuant to RSA 21-M:8-g.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.07)

N.H. Code Admin. R. Ann. Jus 602.09 Commission preparation {#sec-jus-602.09 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.09}

“Commission preparation” means the stage of the claim process during which the claimant secures the necessary documentation and information to support the claim.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.08)

N.H. Code Admin. R. Ann. Jus 602.10 Commission ready {#sec-jus-602.10 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.10}

“Commission ready” means the stage of the claim process in which the unit has determined that the claim application is complete and has been summarized by the unit for presentation to and consideration on the merits by the commission.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.09)

N.H. Code Admin. R. Ann. Jus 602.11 Compensation {#sec-jus-602.11 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.11}

“Compensation” means a payment of money from the fund to reimburse a claimant for each allowable out-of-pocket expense incurred as a direct result of an eligible crime, or a payment of money from the fund to a third person who provided goods or services as an allowable expense to a victim as a direct result of an eligible crime.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.10)

N.H. Code Admin. R. Ann. Jus 602.12 Complex claim {#sec-jus-602.12 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.12}

“Complex claim” means a claim application that, following the unit’s review, it is not clear that the claimant has exhibited eligibility or the claimant is requesting assistance with relocation expenses.

History

#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 602.13 Department {#sec-jus-602.13 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.13}

“Department” means the New Hampshire department of justice as established by RSA 21-M:2.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.11)

N.H. Code Admin. R. Ann. Jus 602.14 Domestic partner {#sec-jus-602.14 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.14}

“Domestic partner” means an individual who shares a domicile and the expenses of daily living with another person, but who are not joined in a legal marriage or civil union under New Hampshire law.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.12)

N.H. Code Admin. R. Ann. Jus 602.15 Domicile {#sec-jus-602.15 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.15}

“Domicile” means that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.13)

N.H. Code Admin. R. Ann. Jus 602.16 Eligible Crime {#sec-jus-602.16 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.16}

“Eligible Crime” means any misdemeanor or felony that results in personal injury to or the death of the victim, or driving under the influence of alcohol or a controlled substance and that results in personal injury to or the death of the victim. For the purposes of these rules, the term includes any such act if it forms or could form the basis of a juvenile delinquency petition pursuant to RSA 169-D.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.14)

N.H. Code Admin. R. Ann. Jus 602.17 Fee for Service Medicaid Rule {#sec-jus-602.17 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.17}

“Fee for Service Medicaid Rule” means the rate used to determine reimbursement for compensation under the program based on the applicable fee-for-service rate as determined by the department of health and human services under its Medicaid managed care program.

History

#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 602.18 Fund {#sec-jus-602.18 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.18}

“Fund” means the victims’ assistance fund established pursuant to RSA 21-M:8-g, II.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.15)

N.H. Code Admin. R. Ann. Jus 602.19 Immediate Family Member {#sec-jus-602.19 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.19}

“Immediate Family Member” means a person who has one of the following relationships with the victim:

(a) Parent, stepparent, or domestic partner of a parent;

(b) Child or stepchild;

(d) Spouse;

(e) Domestic partner; or

(f) Any other person either legally obligated to provide financial support or having previously provided substantial support to a victim.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.16)

N.H. Code Admin. R. Ann. Jus 602.20 Loss {#sec-jus-602.20 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.20}

“Loss” means an injury or expense for which eligible compensation is available under Jus 600.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.17)

N.H. Code Admin. R. Ann. Jus 602.21 Mental Health Practitioner {#sec-jus-602.21 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.21}

“Mental Health Practitioner” means “mental health practitioner” as defined in RSA 330-A: 2, VII, namely, “persons licensed under this chapter as psychologists, pastoral psychotherapists, clinical social workers, clinical mental health counselors, or marriage and family therapists. For purposes of this chapter, the term clinical social worker shall include independent clinical social worker.” The term also includes those who hold one or more analogous licenses issued by any other state, province, or country.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.18)

N.H. Code Admin. R. Ann. Jus 602.22 New Evidence {#sec-jus-602.22 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.22}

“New Evidence” means information or documents not available to or which could not reasonably have been discovered by a claimant at the time the claimant’s claim was considered by the commission. The term does not include information or documents that were available, could have been discovered, or restatements of information or arguments already submitted to the commission.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.19)

N.H. Code Admin. R. Ann. Jus 602.23 Personal Injury {#sec-jus-602.23 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.23}

“Personal Injury” means death or corporeal or mental health damage suffered as a result of an eligible crime.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.20)

N.H. Code Admin. R. Ann. Jus 602.24 Physician {#sec-jus-602.24 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.24}

“Physician” means a doctor of medicine or a doctor of osteopathy who holds a current license to practice issued by the New Hampshire board of medicine pursuant to RSA 329, or an analogous license issued by another state, province, or country.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.21)

N.H. Code Admin. R. Ann. Jus 602.25 Primary Victim {#sec-jus-602.25 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.25}

“Primary Victim” means the person who suffered personal injury or death as a direct result of an eligible crime.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.22)

N.H. Code Admin. R. Ann. Jus 602.26 Reconsideration {#sec-jus-602.26 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.26}

“Reconsideration” means to ask the commission to review its decision in light of newly discovered evidence or to consider a point of law or fact that the commission misapprehended or overlooked.

History

#12938, eff 12-9-19

“Related Victim” means an immediate family member who suffered a loss as a result of an eligible crime.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 602.23)

N.H. Code Admin. R. Ann. Jus 602.28 Relocation {#sec-jus-602.28 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.28}

“Relocation” for the purposes of this chapter, means moving from one residence to another due to a concern for the safety of a victim as result of an eligible crime.

History

#12938, eff 12-9-19 (formerly Jus 602.24)

N.H. Code Admin. R. Ann. Jus 602.29 Spouse {#sec-jus-602.29 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.29}

“Spouse” means a husband or wife or either party in a civil union.

History

#12938, eff 12-9-19 (formerly Jus 602.25)

N.H. Code Admin. R. Ann. Jus 602.30 Staff {#sec-jus-602.30 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.30}

“Staff” means the department of justice employees in the unit who provide administrative support to the commission and assist claimants with their claims for compensation under Jus 600.

History

#12938, eff 12-9-19 (formerly Jus 602.26)

N.H. Code Admin. R. Ann. Jus 602.31 Unit {#sec-jus-602.31 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.31}

“Unit” means the victims’ compensation unit, an organizational entity that has been established within the New Hampshire department of justice for the purpose of providing administrative support to the commission and assisting claimants with their claims for compensation under Jus 600.

History

#12938, eff 12-9-19 (formerly Jus 602.27)

N.H. Code Admin. R. Ann. Jus 602.32 Victim {#sec-jus-602.32 omnilex-key=us-nh-regs-official--agency-jus--Jus 602.32}

“Victim” means:

(a) Any person who suffered personal injury or death as a direct result of an eligible crime occurring in either:

(1) New Hampshire; or

(2) Any other state or jurisdiction that does not have a crime compensation program meeting the requirements of 34 U.S.C. 20102(b), and such person was domiciled in New Hampshire at the time of the crime; and

(b) Both a primary victim or a related victim.

History

#12938, eff 12-9-19 (formerly Jus 602.28)

Part Jus 603 Program and Process Overview

N.H. Code Admin. R. Ann. Jus 603.01 Program Purpose {#sec-jus-603.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 603.01}

This program has been created and designed to help eligible victims of eligible crimes with the expenses that have been incurred as a direct result of the crime by acting as a payer of last resort, subject to available funding. The primary goal of the program is to provide eligible claimants with the maximum compensation for which they are eligible so as to eliminate or minimize the amount of uncompensated expenses.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 603.02 Program and Organizational Description {#sec-jus-603.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 603.02}

(a) Pursuant to RSA 21-M:8-g, I, the commission shall review claims from victims for compensation pursuant to RSA 21-M:8-h, II, and award compensation from the fund.

(b) All members of the commission shall have education, experience, or both, that will assist the commission in determining whether claimants’ claims for compensation are directly related to eligible crimes.

(c) At least one commission member shall be a physician or physician assistant licensed by the New Hampshire board of medicine, or an advanced registered nurse practitioner or registered nurse licensed by the New Hampshire board of nursing. Such physician or nurse shall have experience in treating victims of crime.

(d) At least one commission member shall be a licensee of the New Hampshire board of mental health practice, and who shall have experience in treating victims of crime.

(e) At least one commission member shall be an attorney licensed to practice law in New Hampshire, and who has experience in criminal law.

(f) At least one commission member shall have been the victim of an eligible crime.

(g) The unit shall provide administrative and staff support to the commission. All claims for compensation, as well as all supporting materials, shall be submitted to the commission through the unit.

(h) The unit shall provide guidance to potential claimants with respect to submitting a complete claim for compensation. The unit shall, on an ongoing basis, investigate and evaluate each claim for compensation so as to make a recommendation regarding whether such claim should be approved or denied. However, such recommendations shall not be binding on the commission.

(i) All information received, obtained, or maintained by the program in connection with any claim for victims’ compensation shall be maintained as confidential material, and shall not be released or disclosed to any person or entity whatsoever, except as authorized by the claimant or as otherwise provided by law.

History

#4864, eff 7-13-90; amd by #5430, eff 7-1-92; ss by #6052, eff 7-1-95; amd by #7394, eff 10-28-00; ss by #7724, eff 6-29-02
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 603.03 Application Process {#sec-jus-603.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 603.03}

(a) Any person who wishes to request an award of compensation from the commission shall commence the process by filing a “Claim Application Form” described in Jus 604.01 and available from the unit in the department.

(b) In response to receipt of a “Claim Application Form” the unit shall contact the claimant and indicate what additional information, including documentation, will be necessary to process the claim. Necessity shall be based upon the need to substantiate and document the claim for which compensation is sought.

(c) While the claim application is being completed, the claim shall be considered by the unit and the commission to be in the commission preparation stage.

(d) Once the unit determines that the claim application is complete, the unit coordinator shall review the claim for the purpose of determining whether the claimant has clearly established eligibility for compensation. If the claimant has not, the claim shall be labeled a complex claim and the claim application file shall be copied for each commission member. However, if eligibility for compensation is clear, the claim shall be labeled an administrative claim, and the unit coordinator shall prepare a summary of the claim for consideration by the commission.

(e) The administrative claim summary prepared pursuant to (d) above shall include:

(1) Identification of the eligible crime;

(2) A brief description of the crime;

(3) A statement as to the type of compensation sought, by category;

(4) The history of the claim;

(5) Any other information that is material or could be helpful to the commission; and

(6) The recommendation of the unit coordinator.

(f) Each commission-ready claim prepared at least 14 days prior to the commission’s next regularly scheduled meeting shall be placed on that meeting’s agenda, unless the unit coordinator determines that it would be unlikely that the claim would be reached and acted upon at that meeting. If the unit coordinator so determines, the commission ready claim shall be placed on the agenda for the first commission meeting at which the unit coordinator determines that the claim can be acted upon by the commission. In no case shall placement on the agenda result in the passage of more than 60 days after the claimant submitted a completed application before a decision can be made by the commission.

(g) When the commission considers a claim for compensation, it shall first determine whether there is reasonable evidence that an eligible crime has occurred. Thereafter, the commission shall determine whether the claim provides it with enough information and documentation to form the basis of a decision as to whether to grant or deny the claim in whole or in part.

(h) If the commission determines that more information and documentation is necessary, it shall table the claim, and request that staff notify the claimant as to the specific information and documentation necessary for the commission to make its decision.

(i) Upon receipt of notice pursuant to (h) above, the claimant shall have up to 60 days to provide such additional information and documentation. However, the unit shall grant an extension of time upon request if the claimant demonstrates that 60 days will not be sufficient to gather such additional information and documentation.

(j) Once the commission determines that the claim application provides it with enough information and documentation to form the basis of a decision as to whether to approve or deny the claim in whole or in part, the commission shall consider the claim on its merits and reach a decision within 60 days.

(k) The decision of the commission shall be based upon the submitted written claim application, including all relevant evidence, by applying the criteria set forth in Jus 605. If a claim is denied in whole or in part, the decision shall state all reasons applicable to such denial.

(l) If a primary victim’s claim is denied for any of the reasons set forth in Jus 605.02, the claims of related victims shall, except as provided in Jus 605.02(e), also be denied.

(m) If the claimant is aggrieved by the decision of the commission, the claimant may seek review of such decision by filing with the unit a request for reconsideration if the claimant can demonstrate that the commission overlooked or misapprehended a point of law or fact. The claimant may also seek reconsideration by presenting new evidence not previously presented or known to the commission. If an aggrieved claimant cannot meet this standard the claimant may provide a written statement addressing any alleged deficiencies in the commission’s decision.

(n) The aggrieved claimant shall file a request for reconsideration if the reconsideration is requested in whole or in part based upon new evidence that could materially affect the outcome or the claimant disagrees with the decision. The request for reconsideration shall identify the new evidence or set forth all reasons why the claimant believes that such new evidence, and every mistake of fact or law the claimant believes to have been made, materially affect the outcome. The commission shall give the claimant an opportunity to present a statement to the commission either orally, in writing, by telephone, or in person.

(o) If the commission determines that, when viewed in the light most favorable to the claimant, the new evidence or the overlooked or misapprehended point of fact or law could not materially affect the outcome, the commission shall deny such request. A claimant aggrieved by the denial of a request for reconsideration may appeal the decision to the attorney general as provided in (r) and (s), below.

(p) If the commission determines that, when viewed in the light most favorable to the claimant, the new evidence or mistake of fact or law could materially affect the outcome, the commission shall grant the request for reconsideration.

(q) After the commission has provided an opportunity to a claimant under (n) and (p) above, the commission shall affirm, amend, or reverse its decision based upon the full record of all information and argument presented to it.

(r) The claimant shall file a notice of appeal to the attorney general if the claimant seeks to challenge the decision of the commission in whole or in part.

(s) The notice of appeal shall identify and set forth every mistake of fact or law the claimant believes to have been made and that materially affects the outcome. The attorney general, or designee, shall then review the complete record reviewed by the commission and, based upon such record review, affirm, amend, or reverse the decision of the commission.

(t) For purposes of RSA 541:3, an appeal to the attorney general shall be considered to be a motion for rehearing.

(u) Appeal from the decision of the attorney general or designee shall be taken by petition to the New Hampshire supreme court pursuant to RSA 541:6.

History

#4864, eff 7-13-90; amd by #5430, eff 7-1-92; amd by #6052, eff 7-1-95; ss by #7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

Part Jus 604 Forms

N.H. Code Admin. R. Ann. Jus 604.01 Claim Application Form {#sec-jus-604.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.01}

(a) Each claimant seeking compensation from the fund shall complete and submit a “New Hampshire Victim’s Compensation Program Application Form,” revised 8/23/19 and available from the unit.

(b) In addition to submitting the “New Hampshire Victims’ Compensation Program Form,” the claimant shall provide:

(1) Documentation of expenses for the compensation of expenses and losses being sought;

(2) A certification, under the penalties of RSA 641:2, as to whether the expenses and losses listed have not, will not, and cannot be covered by any other resource, private or public assistance program, and if they might be, a full description of such resources;

(3) Copies of all documentation of denials or applications made to other resources, private or public assistance programs for payment or compensation of expenses and losses listed;

(4) A statement by the claimant acknowledging and agreeing that recovery of any expenses listed through legal action shall entitle the State of New Hampshire to seek compensation to the fund to the extent of any award of compensation made under this chapter; and

(5) A certification, under the penalties of RSA 641:2, that the claimant has provided information on or with the application that is true, complete, and accurate to the best of the claimant’s knowledge and belief.

History

#4864, eff 7-13-90; ss by #6052, eff 7-1-95, EXPIRED: 7-1-03
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 604.02 Acknowledgment of Receipt of Claim and Request for More Information Letter {#sec-jus-604.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.02}

(a) Upon receipt of a complete “New Hampshire Victims’ Compensation Program Application Form” by the unit, it shall send an “Acknowledgment of Receipt of Claim and Request for More Information letter” to acknowledge the receipt of the claim and shall identify any specific types of additional information required to process the claim. Determination of such types of additional information shall be made on a case-by-case basis, pursuant to (b) below.

(b) The types of additional information that the unit identified pursuant to (a) above shall include:

(1) Information regarding collateral financial sources, as described in Jus 604.03, if collateral financial sources might exist;

(2) Photocopies of all crime-related medical bills;

(3) Photocopies of all crime-related mental health counseling bills;

(4) If copies of medical bills, mental health counseling bills, or both are not available but expenses have been incurred, a complete list of each such provider’s:

a. Name;

b. Complete mailing address;

c. Telephone number; and

d Services actually rendered;

(5) The name of the victim’s employer, supervisor, mailing address, and telephone number at the time the eligible crime occurred, if the victim was employed;

(6) Photocopies of the victim’s paycheck stubs for the month prior to the eligible crime if the victim was employed, or, if the victim was self-employed, a copy of the previous year’s federal income tax return;

(7) A letter to be provided directly from the victim’s physician or mental health professional to the commission, which sets forth the following in support of a claim for more than 14 consecutive workdays’ lost wages:

a. A description of the disabling injuries suffered by the victim;

b. The period of time the disabling injuries prevented the victim from working; and

c. The date on which the victim returned to work, or if the victim has not returned to work, the anticipated date of return to work;

(8) A photocopy of the final funeral bill, including burial and all related expenses but not including expenses for the reception, wake, or purchase of clothing;

(9) A photocopy of the receipt, deed, or both, for the purchase of a cemetery plot;

(10) A photocopy of the bill for the monument and engraving; and

(11) Any other information related to the claim but not covered by (1) – (10) above, and unique to the circumstances of the claim.

(c) If needed, the unit shall provide a self-addressed envelope for the claimant to use in submitting the information and documents identified pursuant to (b) above. Postage shall not be provided by the unit.

(d) The unit shall provide information to the claimant concerning debt collection delay for crime-related expenses, pursuant to New Hampshire RSA 21-M:8-h, X (a)-(b) in the form.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 604.03 Vehicular Crimes Insurance Form {#sec-jus-604.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.03}

(a) Each claimant seeking compensation from the fund shall, if the underlying crime is a vehicular crime, complete and submit a “Vehicular Crimes Insurance Form,” revised 8/23/2019 and available from the unit.

(b) In addition, each claimant shall provide the following:

(1) A copy of the entire policy;

(2) An itemized list of bills including the amounts billed and the amounts paid by the insurance carrier;

(c) If an attorney has been retained, an indication of whether the claimant has informed the attorney that the claimant is seeking compensation under these rules;

(d) An indication of whether any restitution or payment of a civil suit judgment has been received, and if so, the total amounts received;

(e) If any of the responses indicate that money has been paid to or on behalf of the claimant, the claimant shall provide:

(1) The name and mailing address of the person, company, agency or other entity that paid or will be paying any portion of any expense; and

(2) A description of the expenses incurred, and the amounts covered by those providing payment pursuant to (1) above; and

(f) A dated declaration that the information provided by the claimant is true, accurate, and complete, as evidenced by the claimant’s signature.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 604.04 Law Enforcement Authority Verification Form {#sec-jus-604.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.04}

(a) The “Law Enforcement Authority Verification Form,” revised 8/23/2019, and related police reports shall be used for the intended purpose only, which shall be to verify victim and victimization information to the New Hampshire victims’ compensation program. The form and reports shall not be disseminated to the claimant or any party, unless specified by court order.

(b) After receiving a claim for compensation, the victims’ assistance unit shall request that the law enforcement agency investigating the crime complete and submit the law enforcement authority verification form and provide copies of police reports.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 604.05)

N.H. Code Admin. R. Ann. Jus 604.05 Verification of Employment and Lost Wages Form {#sec-jus-604.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.05}

(a) If a claimant seeks compensation for lost wages, the victims’ assistance unit shall request that the victim’s employer complete and submit a “Verification of Employment and Lost Wages Form,” revised 8/23/2019.

(b) In addition to the form, the victim’s employer shall provide the victims’ assistance unit with payroll information for the month preceding the date of the crime and one month after the crime.

History

#4864, eff 7-13-90; ss by #6052 eff 7-1-95, EXPIRED: 7-1-03
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 604.06)

N.H. Code Admin. R. Ann. Jus 604.06 Verification of Medical Expenses Form {#sec-jus-604.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.06}

(a) If a claimant seeks compensation for medical expenses, the victim or victim’s parent or guardian shall complete and submit a HIPAA- compliant hospital and/or medical release. Upon receipt of the HIPAA- compliant release form the unit shall request that each provider complete and submit a “Verification of Medical Expenses Form,” as revised 8/23/2019.

(b) In addition to the form, the provider shall submit an itemized statement and medical records relating to injuries directly resulting from the crime.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 604.07)

N.H. Code Admin. R. Ann. Jus 604.07 Verification of Hospital Expenses Form {#sec-jus-604.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.07}

If a claimant seeks compensation for hospital expenses, the victim or victim’s parent or guardian shall complete and submit a HIPAA- compliant hospital and/or medical release. Upon receipt of the HIPAA- compliant release form the unit shall request that each provider complete and submit a “Verification of Hospital Expenses Form,” as revised 8/23/2019, and provide an itemized statement and medical records to injuries directly resulting from the crime.

History

#4864, eff 7-13-90; amd by #5430, eff 7-1-92; ss by #7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 604.08)

N.H. Code Admin. R. Ann. Jus 604.08 Mental Health Assessment and Treatment Plan {#sec-jus-604.08 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.08}

(a) If a claimant seeks compensation for mental health expenses, the victim or victim’s parent or guardian shall complete and submit a HIPAA compliant hospital and/or medical release. Upon receipt of the HIPAA compliant release form, the unit shall request that each provider complete and submit a “Mental Health Assessment and Treatment Plan Form,” effective 1/14/19.

(b) All information provided on or with the “Mental Health Assessment and Treatment Plan” will be kept strictly confidential. This information shall not be disclosed to anyone outside of the NH Victims’ Compensation commission and Compensation staff, without the express written permission of the victim, claimant, the provider, or under court order.

(c) By his or her signature on the ‘Mental Health Assessment and Treatment Plan Form’, effective 1/14/19, the provider shall agree to the following:

(1) I am a licensed therapist who is experienced in working with the victims of trauma;

(2) Under the laws and rules applicable to the Commission, that the Victims’ Compensation Program is the payer of last resort and all private insurance and/or federal or state funding, including Medicaid and Medicare, must be billed first;

(3) I will accept the NH Victims’ Compensation Program’s reimbursement of $75 for an individual, crime-related, therapy session and $35 for a group, crime-related, therapy session as payment in full;

(4) I understand that I may only bill the Victims’ Compensation Program for crime-related therapy.

(5) I will request any necessary extension of treatment 30 days prior to the end of all Commission approved sessions.;

(d) The provider shall complete this form only after personally meeting with the victim.

(e) The Victims’ Compensation program shall only pay for crime-related counseling expenses and shall only provide payment for licensed therapists.

(f) The provider shall submit an itemized statement and medical records relating to injuries directly resulting from the crime.

(g) The monetary cap on mental health treatment shall be $4,000.00 or 40 visits, whichever occurs first.

History

#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 604.09 Verification of Funeral/Burial Expenses Form {#sec-jus-604.09 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.09}

If a claimant seeks compensation for funeral/burial expenses, the victims’ assistance unit shall request from each person who provided services for which compensation is sought that they complete and submit a “Verification of Funeral/Burial Expenses Form,” as revised 8/23/19. In addition to completing the form, each person who provided services shall include an itemized statement of services.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 604.09)

N.H. Code Admin. R. Ann. Jus 604.10 Reminders and Warnings {#sec-jus-604.10 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.10}

If the unit has not received the additional information and documents requested within 3 months after sending the “Acknowledgment of Receipt of Claim and Request for More Information Form,” or by the date specified in an extension granted pursuant to Jus 603.03(i), it shall send a reminder to the claimant that warns that a failure to provide such additional information and documents by the deadline shall result in the claim being dismissed without prejudice. Each such reminder shall request the same information as had been requested in the original request.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 604.10)

N.H. Code Admin. R. Ann. Jus 604.11 Safety Plan Form {#sec-jus-604.11 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.11}

: If a claimant seeks compensation for relocation assistance, the crisis center advocate assisting the victim shall complete and submit the “New Hampshire Victims’ Compensation Program Safety Plan Form,” as revised 8/23/19.

History

#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 604.12 10-Day Emergency Funds Compensation Form {#sec-jus-604.12 omnilex-key=us-nh-regs-official--agency-jus--Jus 604.12}

(a) A claimant crisis center submitting a request for compensation for compensation of 10-day emergency funds shall complete and submit a “10-Day Emergency Funds Compensation Form,” as revised 6/25/19 along with any of the following documentation to support its claim for eligibility for compensation:

(1) A copy of the police report for the underlying crime;

(2) A copy of the final restraining order; or

(3) A copy of a temporary restraining order and a copy of the police report for the underlying crime.

(b) A claimant crisis center submitting a request for compensation for payment of 10-day emergency funds shall submit copies of all receipts for goods and services provided to the victim for which the crisis center seeks compensation.

History

#12938, eff 12-9-19

Part Jus 605 claim evaluation criteria and awards limits

N.H. Code Admin. R. Ann. Jus 605.01 General Requirements for Victim and Crime Eligibility and Award Compensation Priority {#sec-jus-605.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.01}

(a) A claim shall be brought only by the following:

(1) A primary victim;

(2) A related victim regardless of whether the primary victim had expenses or liabilities totaling at least $100;

(3) A person designated in writing by an adult or emancipated minor primary victim or a court of competent jurisdiction to act as his or her representative; and

(4) The parent or guardian on behalf of a primary victim who is a minor.

(b) A request for compensation shall be made by a claimant or considered by the commission only if there is:

(1) An underlying criminal act that is or would be a misdemeanor or felony, or constitute driving while under the influence of alcohol or other controlled substance; and

(2) A primary victim who, as a direct result of a crime falling under (b)(1) above, suffered a personal injury or death and incurred expenses or liabilities totaling at least $100, except as provided in (a)(2) above.

(1) Out-of-pocket expenses shall be paid first;

(2) If funds are still available, the cost of anticipated services and expenses shall be set aside for such future services or expenses second;

(3) If funds are still available, individual providers shall be paid third; and

(4) If funds are still available, institutional providers, such as hospitals, shall be paid last.

(d) An eligible victim shall be awarded the greatest possible compensation based upon the facts of the claim, including supporting documentation, within the limits established for each category of compensation, up to the maximum established on a per claimant basis.

History

#4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.02 Ineligibility {#sec-jus-605.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.02}

If any one or more of the following are true, the commission shall deny the claim for compensation in its entirety:

(a) The crime occurred before 11/2/1989, and the victim was neither a minor nor a victim of sexual assault;

(b) The primary victim did not suffer personal injury or death and incur expenses or liabilities totaling at least $100;

(c) The crime was not reported within 5 days of the crime unless good cause, which shall include but not be limited to the following, is shown:

(1) The victim’s medical condition prevented him or her from making such a report;

(2) The victim’s fear for his or her personal safety prevented the victim from making such a report;

(3) The victim’s fear of retribution prevented him or her from making such a report; or

(4) The victim’s emotional state or mental health prevented him or her from making such a report;

(d) There was no credible evidence for the commission to conclude that a crime resulting in personal injury or death actually occurred;

(e) The primary victim engaged in conduct that primarily contributed to his or her personal injury or death, including but not limited to, being a voluntary passenger in an impaired offender’s vehicle knowing that the offender was impaired. Notwithstanding the foregoing, in the case of a primary victim who was a homicide victim whose conduct primarily contributed to his or her death, only, any dependent related victim who has not attained the age of 18 shall be eligible for compensation solely for mental health counseling pursuant to Jus 605.04;

(f) The primary victim committed a crime which caused or contributed to his or her personal injury or death;

(g) The primary victim was a victim of an inmate-on-inmate crime that occurred in a jail or prison;

(h) The primary victim failed to cooperate materially with law enforcement agencies without good cause such as fear of retaliation by or on behalf of the offender;

(i) The compensation would provide benefit or enrichment to the offender, as prohibited by RSA 21-M:8-j, V; and

(j) After applying available insurance and all other available collateral financial sources, there are no outstanding expenses to be paid or reimbursed.

History

#4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.03 Medical Expenses Awards {#sec-jus-605.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.03}

(a) The commission shall award compensation for medical expenses if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for or payment of medical expenses shall submit the following information and documentation to support the request:

(1) The name and address of each medical provider who provided crime-related treatment as identified on any bills or invoices received for such treatment;

(2) A detailed description of any insurance coverage or collateral financial source available;

(3) A completed “Insurance and Other Collateral Financial Source Information for Vehicle Crimes” form as described in Jus 604.03, if the claim involves a vehicle crime;

(4) An authorization for the release of medical and related billing information that complies with all applicable federal requirements for each provider;

(5) Documentation of denial of free or reduced fee hospital care, if the victim did not have health insurance at the time of treatment of the injuries sustained as a direct result of the crime; and

(6) Proof of all out-of-pocket health care expenses incurred by or on behalf of the victim and which were incurred as a direct result of the crime.

(c) Once the unit has received the information and documentation required pursuant to (b) above, the unit shall contact the appropriate providers to obtain the following directly from such providers:

(1) A treating physician’s report that describes the injuries sustained as a direct result of the crime;

(2) An itemized list of all medical costs incurred for treatment of the injuries sustained as a direct result of the crime; and

(3) Proof of payment of hospital costs made by or on behalf of the victim.

(d) The following kinds of expenses shall be eligible for compensation under the category of medical expenses, reimbursed at the established fee for service Medicaid rate where applicable:

(1) The actual cost of reasonable and necessary medical treatment provided by licensed health-care personnel, after first applying any available insurance or other available collateral financial source;

(2) The portion of the cost of all prescription medications prescribed to treat the victim’s physical and mental health injuries;

(3) The cost of reasonable and necessary physical assistance equipment, including modifications to buildings such as ramps;

(4) Replacement of lost or badly damaged existing physically assistive devices such as:

a. Hearing aids;

b. Dentures;

c. Prosthetic and other devices;

d. Wheelchairs;

e. Prescription eyeglasses and other corrective lenses, including contact lenses; and

f. Any other crime-related medical expense;

(5) Mileage to and from appointments with licensed health care providers, at the rate used by Medicaid to compensate mileage. Mileage shall be paid for trips over 10 miles round trip and is capped at 100 miles round trip;

(6) Hospital expenses paid by or on behalf of the victim;

(7) The portion of the cost for which the claimant is responsible, including co-pays, of all prescription medications prescribed to treat the victim’s mental health issues that were directly caused by the crime;

(8) The portion of the cost for which the claimant is responsible, including co-pays, of the actual amount billed for medication management services if the amount billed is consistent with usual and customary charges for such services in that geographical area;

(9) All other directly crime-related medical expenses incurred, including out-of-pocket expenses; and

(10) The commission shall award compensation for all medication management services provided, including medication prescribed, by the provider licensed to provide such services, at the fee for service Medicaid rate.

(e) Awards for compensation of medical expenses shall be limited pursuant to the following, subject to the statutory cap:

(1) The commission shall not award compensation for medical treatment provided by health-care personnel who do not hold appropriate licensure for the kind of treatment provided;

(2) The commission shall not award compensation for hospital care if:

a. The victim had health insurance at the time of treatment for injuries sustained as a direct result of the crime; and

b. Free or reduced fee care has not been denied by the hospital;

(3) Notwithstanding (e)(2) above, the commission shall award compensation for hospital care, but only to the extent that care was actually paid for out of pocket, if:

a. The victim did not have health insurance at the time of treatment for injuries sustained as a direct result of the crime; and

b. Free or reduced fee care has been denied by the hospital and payment by or on behalf of the victim has been made to the hospital, but only in the amount of the actual total payment made; and

(4) The commission shall award compensation at the fee for service Medicaid rate, where applicable, for inpatient hospital care, with 100% of the out-of-pocket expenses being reimbursed first, and any remaining sum used for others’ reimbursement.

(f) In circumstances in which a balance remains after applying insurance, other collateral financial sources, and compensation awards under this part, the unit shall contact the person or entity to whom the balance is owed and encourage that person or entity to write off such balance.

History

#4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.04 Mental Health Expenses Awards {#sec-jus-605.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.04}

(a) The commission shall consider and evaluate requests for compensation for mental health expenses if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for mental health expenses shall submit the following information and documentation to support the request:

(1) The name and address of each licensed mental health provider who provided crime-related treatment as identified on any bills or invoices received for such treatment;

(2) An up-to-date release, insurance and other collateral source information as described in Jus 604.03;

(3) A completed “Insurance and Other Collateral Financial Source Information for Vehicle Crimes” form as described in Jus 604.04, if the claim involves a vehicle crime;

(4) A mental health treatment plan signed by the licensed provider; and

(5) An authorization for the release of mental health and related billing information that complies with all applicable federal requirements for each provider.

(1) Contact the licensed mental health care provider to request a copy of the mental health treatment plan submitted by the licensed mental health professional to the victim’s insurance carrier, or if the victim does not have insurance, the licensed metal health provider-completed initial assessment and treatment plan;

(2) Contact the licensed health care provider to request a copy of the mental health medication treatment plan created by a health care provider licensed to prescribe medication;

(3) Contact the appropriate licensing body to verify that the treating mental health care provider is in fact licensed in the jurisdiction in which mental health treatment has been, is being, or will be provided; and

(4) Contact the licensed mental health care provider to request a copy of each bill or invoice itemizing all charges for mental health services, including for medications and medication management, the payment for which the victim is responsible.

(d) The following kinds of expenses shall be eligible for compensation under the category of mental health expenses:

(1) The actual cost of treatment, whether individual, group, or both, provided by licensed mental health personnel, after first applying any available insurance or other available collateral financial source, for mental health issues that were directly caused by the crime;

(2) Mileage to and from appointments with licensed mental health care providers, at the fee for service Medicaid rate. Mileage shall be paid for trips over 10 miles round trip and shall be capped at 100 miles round trip; and

(3) All other directly crime-related mental health expenses incurred, including out-of-pocket expenses not already described above.

(e) Awards for compensation of mental health expenses shall be limited pursuant to the following:

(1) The commission shall not award compensation for mental health treatment or services provided by mental health personnel who do not hold appropriate licensure for the kind of treatment provided;

(2) The commission shall award compensation up to $4,000 in total expenses, or 40 visits, whichever comes first;

(3) The mental health treatment shall be crime-related therapy;

(4) The commission shall award compensation that does not exceed the portion of the cost of each individual therapy session for which the victim is responsible, limited to the lesser of:

a. The Medicaid reimbursement rate applicable to the licensed provider; or

b. The amount billed by the licensed provider; and

(5) The commission shall award compensation that does not exceed the portion of the cost of each group therapy session for which the victim is responsible, limited to the lesser of:

a. The Medicaid reimbursement rate applicable to the licensed provider; or

b. The amount billed by the licensed provider.

(f) In circumstances in which a balance remains after applying insurance, other collateral financial sources, and compensation awards under this part, the commission shall contact the licensed mental health care provider to whom the balance is owed and encourage that provider to write off such balance.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.05 Lost Wages Awards {#sec-jus-605.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.05}

(a) The commission shall award compensation for lost wages, whether the claimant is self-employed or employed by another, if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for lost wages shall submit the following documentation to support the request:

(1) If self-employed, the tax returns for the year in which the crime occurred, if available, and for the year prior to that;

(2) If employed by another, a statement from the employer that contains the amount of time lost and the wages that would have been earned for that time;

(3) If compensation for lost overtime wages is sought, a statement from the employer that addresses the reasons for the overtime lost and the claimant’s history of overtime work;

(4) For lost wages for more than 14 consecutive days, a report from a licensed health care provider that confirms the claimant’s inability to work during that period; and

(5) Copies of all written confirmations of appointments with medical providers, mental health providers, police and other law-enforcement officials, and any other appointments necessitated as a direct result of the crime.

(1) Time spent for physical or mental recuperation from personal injuries sustained as a direct result of the crime;

(2) Time spent for medical appointments;

(3) Time spent for mental health appointments;

(4) Time spent meeting with police or other law enforcement officials;

(5) Time spent for pretrial preparation, including for depositions;

(6) Time spent in court during the trial, at sentencing, or both;

(7) Time spent at probation hearings; and

(8) Time spent at parole hearings.

(d) Wages lost for any of the reasons listed under (c) above shall be compensable even if the claimant had leave time available from his or her employer and was paid by using such leave time.

(e) The following limitations shall apply to awards made for lost wages:

(1) Compensation shall be paid at a rate of 75% of the claimant’s gross income, not to exceed 3 months, taking into account previously scheduled increases in the claimant’s rate of pay;

(2) Compensation for overtime shall be awarded based on the claimant’s history of working overtime or the employer’s verified requirement that the claimant have worked on anticipated overtime, or both; and

(3) The total compensation paid for lost wages shall not exceed 75% of the claimant’s pre-crime wages, not to exceed 3 months, including any workers’ compensation or disability benefits received.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.06 Loss of Support Awards {#sec-jus-605.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.06}

(a) The commission shall award compensation for the loss of support from a primary victim if:

(1) Such primary victim suffers partial or total disability or death as a direct result of the crime;

(2) The underlying facts of the claim meet the requirements of Jus 605.01; and

(3) None of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) The following persons shall be eligible to submit requests for compensation for a loss of support:

(1) The spouse of the primary victim;

(2) The domestic partner of the primary victim;

(3) The children or step-children of the primary victim; and

(4) Any other person claimed by the primary victim as a dependent on the most recent year’s tax return.

(c) A separate claim shall be submitted for each eligible person, and the amount awarded pursuant to (f)(2) below shall apply to each such separate claim.

(d) A claimant submitting a request for compensation for loss of support shall submit the following documentation to support the request:

(1) The primary victim’s tax return, listing every dependent, for the year previous to the crime;

(2) If it is claimed that the primary victim suffered partial or total physical disability, a report from a physician, the New Hampshire department of labor, or the Social Security Administration that declares the primary victim to be or to have been partially or totally disabled;

(3) If it is claimed that the primary victim suffered partial or total mental health disability, a report from a licensed mental health provider whose license authorizes the making of such diagnoses;

(4) In the case of a primary victim’s spouse claiming loss of support, one of the following:

a. A copy of the marriage license;

b. The most recent year’s joint tax return; or

c. Affidavits from 2 unrelated persons, neither of whom is related to the claimant, indicating that the claimant and the victim had been married at the time of the crime that resulted in the disability or death of the primary victim;

(5) In the case of a domestic partner claiming loss of support, separate affidavits from the domestic partner and 2 unrelated persons, neither of whom is related to the claimant, indicating when the relationship began and that the relationship was ongoing at the time of the crime that resulted in the disability or death of the primary victim;

(6) In the case of a primary victim’s child claiming loss of support, a copy of the following:

a. The child’s birth certificate listing the primary victim as the child’s parent; or

b. A final order from a court of competent jurisdiction indicating that the child had been adopted by the primary victim with:

A copy of the victim’s most recent tax return showing that the victim claimed the child was his or her dependent; or
A copy of documentation indicating the primary victim paid child support; and

(7) In the case of any other person requesting compensation for loss of support, an affidavit from such other person indicating:

a. The nature of the relationship with the primary victim;

b. When the relationship with the primary victim began; and

c. That the primary victim listed the affiant as a dependent on the primary victim’s most recent tax return.

d. To document that the victim was a victim of a homicide, the unit shall request

(8) A copy of the death certificate prepared by the medical examiner for the jurisdiction in which the autopsy was performed; or

(9) A letter so stating from the homicide unit in the New Hampshire department of justice if the crime occurred in New Hampshire, or from the prosecuting agency of the jurisdiction in which the crime occurred.

(e) Whether a loss of support exists shall be determined by applying the following process:

(1) The amount of income that the victim would have earned between the time of the crime and the time either when the victim would not be able to claim the claimant as a dependent for tax purposes or when the victim would not be under any legal obligation to support the claimant;

(2) The total amount of all collateral financial sources, excluding the first $100,000 in life insurance benefits shall be divided by the number of dependents and then subtracted from the figure computed pursuant to (f)(1) above;

(3) If the amount computed pursuant to (f)(2) above is less than the amount computed pursuant to (f)(1) above, the commission shall determine that a loss of support exists; and

(4) If the amount computed pursuant to (f)(2) above is more than the amount computed pursuant to (f)(1) above, the commission shall determine that no loss of support exists.

(g) For purposes of determining assets to be counted as collateral financial sources for loss of support purposes, any trusts created for the benefit of dependents of the victim shall be included, regardless of whether access to the funds is immediate or not until some future date. The unit, upon learning of such a trust, shall inform the surviving spouse, trustee, or guardian that permission from the probate court to invade the trust can be sought for any reason allowed by law.

(h) The following limitations shall apply to awards made for loss of support:

(1) Compensation shall be paid in a lump sum, if funding permits;

(2) The amount of compensation shall be the lesser of the amount computed pursuant to (f)(2) above divided by the number of claimants or $30,000; and

(3) Awards to a minor claimant shall be made to the surviving parent or to the minor’s guardian, provided that such parent or guardian provides judicially enforceable written assurances that the money will be spent in the best interests of the minor.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.07 Relocation Expenses Awards {#sec-jus-605.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.07}

(a) The commission shall award compensation for relocation expenses, if:

(1) The offender poses a continuing credible threat to the safety of the claimant;

(2) There is either:

a. A police report and a temporary restraining order or other court order have been issued against the claimant’s abuser or potential abuser or a final restraining order has been issued against the claimant’s abuser or potential abuser; or

b. If the claimant does not have a restraining order against the abuser, the claimant shall present a letter from a victim’s advocate setting forth the basis for not obtaining a protective order, which may include, among other reasons, safety concerns for the claimant;

(3) The underlying facts of the claim meet the requirements of Jus 605.01; and

(4) None of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for relocation assistance shall submit the following documentation to support the request:

(1) A copy of either a police report and a temporary restraining order or bail conditions that have been issued against the claimant’s abuser or potential abuser or a final restraining order that has been issued against the claimant’s abuser or potential abuser;

(2) A copy of the lease, which shall be for a minimum of one year and list the claimant as a primary responsible party;

(3) A copy of the front and back of all pages of each invoice from each utility company providing service at the new residence;

(4) An estimate or the actual billing invoice for the services of a moving company or movers; and

(5) Copies of all receipts for items the purchase or rental of which was necessitated by the relocation itself.

(c) The advocate assisting the claimant may submit a letter of support and shall submit a Safety Plan Form pursuant to Jus 604.11 for the claim for relocation expenses that explains and addresses the following:

(1) The history of the domestic violence, regardless of whether there is police documentation, between the claimant and the offender that includes a brief narrative of the most recent incidents of violence, abuse, or threats;

(2) A description of the claimant’s immediate and specific concerns regarding her or his safety, including the offender’s proximity, and how the award will address those concerns;

(3) An explanation for any behavior of the claimant that might, on its face, appear to exhibit a lack of cooperation;

(4) A statement regarding the claimant’s plan for the future, including expected financial strength and housing; and

(5) Any other issues or concerns specific to the claimant or the claimant’s situation as they relate to relocation.

(d) The following verified expenses shall be eligible for compensation under the category of relocation expenses:

(1) Security deposit and one month’s rent;

(2) Start-up utility expenses, excluding any arrearages, or one month’s utilities;

(3) Up to 3 months’ storage;

(4) The rental of a moving truck or trailer to transport the claimant’s possessions;

(5) Expenditures necessitated by the relocation including but not limited to:

a. Moving materials such as boxes, packaging, and tape; and

b. Travel expenses to the new location such as:

Fuel;
Tolls;
Food;
Lodging; and
Fare for bus, train, air, or other scheduled carrier’s transportation;

(6) The cost of the move as billed by the moving company;

(7) Local telephone service and safety-related features such as caller-ID for one month; and

(8) The cost, as billed by the cellular provider, for changing a cell phone number.

(e) The following limitations shall apply to awards made for relocation expenses:

(1) Relocation expenses shall be a one-time benefit per claim;

(2) Relocation expenses shall be paid for expenses associated with the new residence only and not applied to any arrearages associated with the residence the claimant is leaving or has left;

(3) Relocation expenses shall be capped at $5,000;

(4) Compensation for security deposit and one month’s rent and for the services of the movers shall be paid directly to the landlord and the movers, respectively;

(5) No compensation shall be awarded for cable television, long-distance telephone, internet service; and

(6) The relocation shall occur within 6 months of the award of compensation for relocation unless the claimant requests an extension and demonstrates:

a. Housing is not available within that time period; and

b. The circumstances giving rise to the concern for safety are anticipated but will not occur until after the compensation has been awarded.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.08 Funeral and Grave Marker Expenses Awards {#sec-jus-605.08 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.08}

(a) The commission shall award compensation for payment of funeral and grave marker expenses incurred as a result of a homicide if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claim for compensation for funeral and grave marker expenses shall considered to be and processed as a claim of the primary victim unless the primary victim engaged in contributory conduct sufficient to warrant denial of the primary victim’s claim pursuant to Jus 605.02(e).

(c) A claimant submitting a request for compensation for funeral and grave marker expenses shall submit the following documentation to support the request:

(1) A copy of the final invoice for the funeral; and

(2) A copy of the final invoice for the grave marker.

(d) The unit shall obtain a copy of the death certificate from the victim witness advocate or from the medical examiner or shall obtain a letter from the homicide unit in the New Hampshire department of justice if the crime occurred in New Hampshire, or from the prosecuting agency of the jurisdiction in which the crime occurred, confirming that the case is a homicide.

(e) The following limitations shall apply to awards made for funeral and grave marker expenses:

(1) Funeral and grave marker expenses compensation shall be considered as part of the primary victim’s claim;

(2) Funeral and grave marker expenses shall be capped at $7,000;

(3) Grave preparation, including opening and closing the grave site, burial lot, and container fees shall be capped at $3,000; and

(4) No compensation shall be awarded for the cost of any of the following:

a. Clothing for the victim or any other person;

b. Any expense associated with the funeral reception; and

c. Any expense associated with a wake.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.09 10-Day Emergency Funds Compensation to Crisis Centers {#sec-jus-605.09 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.09}

(a) Notwithstanding the provisions of Jus 605.01 relative to who may bring a claim for compensation, the commission shall award compensation to a crisis center for payment of 10-day emergency funds by the crisis center to a victim of domestic violence or sexual assault provided that the victim is eligible under Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant crisis center submitting a request for compensation for compensation of 10-day emergency funds shall complete and submit a “10-Day Emergency funds Compensation form,” revised 6/25/19, along with any of the following documentation to support its claim for eligibility for compensation:

(1) A copy of the police report for the underlying crime;

(2) A copy of the final restraining order; or

(3) A copy of a temporary restraining order and a copy of the police report for the underlying crime.

(c) A claimant crisis center submitting a request for compensation for payment of 10-day emergency funds shall submit copies of all receipts for goods and services provided to the victim for which the crisis center seeks compensation.

(d) Payment for the following goods and services by a crisis center shall be eligible for compensation under the category of 10-day emergency fund compensation:

(1) Food for the victim and the victim’s family;

(2) The purchase of clothing and personal hygiene items for the victim and the victim’s family;

(3) The cost of shelter for the victim and the victim’s family;

(4) Transportation for the victim and the victim’s family;

(5) The replacement or repair of locks, windows, and doors necessary to secure the residence; and

(6) The cost of medically necessary medications.

(e) The following limitations shall apply to compensation of crisis centers for payment of 10-day emergency funds to victims of domestic abuse or sexual assault:

(1) The amount used for the purchase of clothing shall be capped at $100 per person;

(2) The per-adult limit for the provision of all goods and services, except the purchase of clothing pursuant to (d)(2) and (e)(1) above, shall be $1,000;

(3) The per-child limit for the provision of all goods and services, except the purchase of clothing pursuant to (d)(2) and (e)(1) above, shall be $250; and

(4) Compensation shall be made to the crisis center and not to the victim.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.10 Safety and Security Expense Awards {#sec-jus-605.10 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.10}

(a) The commission shall award safety and security expenses incurred as a result of an eligible crime if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for safety or security expenses shall submit the following documentation to support the request:

(1) Copies of all invoices or receipts for safety or security-related devices, improvements, or services for the residence;

(2) Copies of all invoices or receipts for safety or security-related devices or services to be used outside the residence; and

(3) An explanation of the necessity for such devices or services.

(1) Installation costs of a residential monitoring system;

(2) Up to one year of residential monitoring;

(3) Installation of locks and other devices to secure windows and doors in the residence;

(4) Any other device or service the primary purpose of which is to provide safety or security of the claimant, and which is the most cost-effective way of achieving that goal; and

(5) Safety and security expenses shall be capped at $3,000.

(d) To the extent the commission determines that concerns for the claimant’s safety indicate a need for such items, improvements, or services, it shall approve the claim.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.11 General Mileage Reimbursement Awards {#sec-jus-605.11 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.11}

(a) A $500 cap for mileage reimbursement for travel to crime-related interviews, pre-trial, trial, sentencing, hearings for securing protective orders and parole.

(b) Mileage reimbursement shall be at the fee for service Medicaid rate.

(c) Mileage reimbursement shall include transportation that is most cost effective such as airfare, train, or car, not to exceed the cap.

(d) Activities eligible for mileage reimbursement shall be:

(1) Meetings with child advocacy centers; or

(2) Meetings with county advocates, law enforcement, and prosecutors, including crime-related interviews, pre-trial, trial, sentencing, post-conviction or appellate proceedings, and hearings for securing protective orders and parole.

(e) The victims’ compensation program shall be the payer of last resort. If the victim is eligible for witness fees and mileage, they shall seek reimbursement that way.

History

#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 605.12 Reimbursement of the Fund By Claimants {#sec-jus-605.12 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.12}

(a) Seeking to recover damages through instituting a civil suit shall neither be required of claimants nor shall it be a bar to an award of compensation from the fund under Jus 600.

(b) As a condition for applying for and accepting any award of compensation from the fund under Jus 600, the claimant shall agree to:

(1) Upon the filing of a civil suit to recover damages, immediately notify and provide a copy of such filing to the commission and the department;

(2) Provide the commission and the department with copies of all potentially dispositive pleadings and all interim and final orders of the court hearing the suit;

(3) Immediately notify the commission and department of the receipt of any payment for damages, injury or economic loss from any source; and

(4) Within 30 days of receipt of payment pursuant to (b)(3) above, reimburse the fund, through the department.

(1) The actual amount of compensation awarded by the commission;

(2) The amount of such payment received from a collateral financial source; or

(3) The net amount of the civil suit judgment after deducting all fees and costs associated with the civil action.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19 (formerly Jus 605.11)

N.H. Code Admin. R. Ann. Jus 605.13 Felonious Sexual Assault Examinations and Prophylaxis {#sec-jus-605.13 omnilex-key=us-nh-regs-official--agency-jus--Jus 605.13}

(a) Pursuant to RSA 21-M:8-c, a person who claims to be a victim of a felonious sexual assault who is examined by a physician or hospital for the purpose of treatment, gathering information or evidence shall not be charged for such services or examination that relate to the sexual assault and any other crime-related injuries. All payments rendered under this provision shall be subject to the fee for service Medicaid rate. The department shall also pay for follow-up services and examination related to the sexual assault only and shall not pay for such services or examinations for other crime-related injuries or expenses.

(b) For the safety and privacy of the victim, the health care provider shall not, under any circumstances, send an invoice or billing statement directly to the victim but shall send it directly to the department.

(1) If the victim of a felonious sexual assault chooses to remain anonymous, even if they have healthcare insurance, the health provider shall seek payment directly from the department or shall write off such charges;

(2) If the victim of a felonious sexual assault has insurance, and chooses to bill their healthcare insurance, the health provider shall seek payment from the patient’s healthcare insurer. Neither the patient nor the department shall be billed for anything above the coverage limit; and

(3) If the victim of a felonious sexual assault is covered by Medicaid or Medicare and the reporting kit is not anonymous, the health provider shall seek payment directly from Medicaid or Medicare.

(d) If a person who claims to be a victim of a felonious sexual assault has health insurance, and opts to use their insurance, which requires the payment of a deductible or a co-payment for such services or examination, the department shall either reimburse the victim for such payment made or pay such deductible or co-payment directly.

(e) The victim shall agree to forensic evidence collection if examination is sought within 10 days of the assault. The evidence so collected shall not be examined forensically unless the victim also reports the crime to law enforcement. The victim may initially choose to have such evidence collection done anonymously, but the victim shall choose whether to report the crime within 60 days of the evidence collection. If the victim does not report within the 60-day period, the evidence shall be destroyed.

(f) If it is determined by the examining health care provider that the victim may have been exposed to HIV/AIDS as a result of the assault, a voucher for prophylactic medication(s) shall be given to the victim.

(g) Each victim shall also receive a voucher for forensic medical follow-up care. Any payment of a deductible or co-payment for such care shall be handled as provided in (c) above.

(h) A victim who has sought medical treatment pursuant to (a) and (d) above shall be deemed to:

(1) Have made a report to law enforcement in compliance with Jus 605.02(c); and

(2) Have presented credible evidence that an eligible crime has occurred pursuant to Jus 605.02(d).

History

#12938, eff 12-9-19 (formerly Jus 605.12)

Part Jus 606 Commission Procedures

N.H. Code Admin. R. Ann. Jus 606.01 Commission Chair {#sec-jus-606.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 606.01}

(a) The members of the commission shall, after polling its members, make a recommendation to the attorney general as to its preference for commission chair.

(b) The attorney general shall consider the recommendation of the commission and designate one member of the commission who shall serve as chair. The term shall be for one year.

(c) The chair shall, unless absent or recused, preside at all meetings of the commission. In the absence of the chair, the commissioners present shall select a member to act as chair for that meeting, only.

History

#4864, eff 7-13-90, EXPIRED: 7-13-96
#7117, eff 10-8-99, EXPIRED: 10-8-07
#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 606.02 Meeting {#sec-jus-606.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 606.02}

The commission shall, if a quorum is available, meet monthly or at the call of the chair.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 606.03 Attendance {#sec-jus-606.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 606.03}

Commission members shall attend each regular and special meeting of the commission or shall contact commission staff at least 24 hours prior to a meeting the member will be unable to attend.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 606.04 Quorum {#sec-jus-606.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 606.04}

(a) No business of the commission shall be conducted unless a quorum is present.

(b) For purposes of a commission meeting, a quorum shall require the presence of at least 3 commission members. Such presence can be physical or electronic, but if electronic, all other commission members and all other persons entitled to be present shall be able at least to hear the physically absent commission member via telephone, internet, or any other modality that allows instant, real-time communication and participation.

(c) For purposes of a commission vote, a quorum shall require the presence of at least 3 commission members who have not recused themselves and are otherwise entitled to vote on the pending question. Such presence can, subject to the provisions of RSA 91-A:2, III, be physical or electronic, but if electronic, all other commission members entitled to be present shall be able at least to hear the physically absent commission member via telephone, internet, or any other modality that allows instant, real-time communication and participation.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 606.05 Commission Meetings {#sec-jus-606.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 606.05}

(a) Notice of commission meetings shall be posted at least in the following sites and at the locations where notices typically are posted at the:

(1) Department’s public reception area;

(2) State house in the elevators and on the public notice bulletin board next to the cafeteria; and

(3) Department’s website.

(b) Commission staff shall prepare a specific agenda for each meeting. Each agenda shall briefly describe the business that the commission can be anticipated to consider, act upon, or both. However, such descriptions shall contain no personally identifiable information regarding any victim or claimant so as not to revictimize such persons.

(1) Administrative developments raised by commission staff;

(2) Review and approval of the previous meeting’s minutes;

(3) Review of fund financial information;

(4) Identification by claim number of felonious sexual assault examinations conducted;

(5) Identification by claim number of drug testing awaiting authorized signatures;

(6) Identification by claim number of administrative claims provided to commission members for their review at the meeting;

(7) Identification by claim number of other claims provided to commission members for their review at the meeting;

(8) Old business;

(9) New business;

(10) Discussion and setting of future meeting dates; and

(11) A statement of other events and dates that relate to the work of the commission and which might be of interest to commission members.

(d) Commission meetings shall be open to the public for those portions of the meetings at which there is no basis for entering into nonpublic session. However, when there is a basis for going into nonpublic session as provided pursuant to RSA 91-A:3, the commission shall, unless otherwise requested by the person affected, enter nonpublic session and take all actions required under that provision.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 606.06 Decisions {#sec-jus-606.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 606.06}

All decisions of the commission shall be final except as provided in Jus 606.07.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

N.H. Code Admin. R. Ann. Jus 606.07 Reconsideration {#sec-jus-606.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 606.07}

(a) Any victim or claimant who is adversely affected by a decision of the commission may submit a written request for reconsideration pursuant to Jus 603.03(m)–(q) or a notice of appeal pursuant to Jus 603.03(r) and (s).

(b) Each petition for reconsideration or notice of appeal shall be filed with the unit no later than 30 days from the date of the letter notifying the claimant of the commission’s adverse decision.

Victims’ Compensation Unit

Department of Justice

33 Capitol Street

Concord, NH 03301-6397

(d) Each request for reconsideration shall be considered as set forth in Jus 603.03(m) through (q), and each notice of appeal shall be considered as set forth in Jus 603.03(s).

(e) A request for reconsideration shall be placed on the agenda of the first commission meeting that is at least 14 days after the filing of the request.

(f) A motion for reconsideration or an appeal shall be decided as soon as is practicable and in accordance with RSA 541-A:29.

(g) written decision on the motion for reconsideration shall be provided to the claimant within 30 days of the date of the decision on the motion.

History

#9553, eff 9-25-09, EXPIRED: 9-25-17
#12938, eff 12-9-19

Part Jus 607 Non Appropriation

N.H. Code Admin. R. Ann. Jus 607.01 Non-Appropriation {#sec-jus-607.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 607.01}

If sufficient funds are not appropriated or otherwise made available to support payment or reimbursement for claims filed under the program in any fiscal year, the department shall not be liable to the claimant for such payment or reimbursement.

APPENDIX

RULE

STATE STATUTE IMPLEMENTED

Jus 601 (all provisions)

RSA 541-A:8

Jus 601.01

RSA 21-M:8-b through RSA 21-M:8-l

Jus 602 (all provisions)

RSA 541-A:7 and RSA 541-A:8

Jus 602.08

RSA 21-M:8-g

Jus 602.12

RSA 21-M:2

Jus 602.15

RSA 169-D

Jus 602.17

RSA 21-M:8-g, II

Jus 602.20

RSA 330-A:2, VII

Jus 602.23

RSA 329

Jus 603.01

RSA 541-A:8

Jus 603.02

RSA 21-M:8-g, I and RSA 21-M:8-h, II

Jus 603.03

RSA 541:3 and RSA 541:6

Jus 604 (all provisions)

RSA 541-A:8, RSA 21-M:8-j, I

Jus 604.01

New Hampshire Laws 2009, 269:1; RSA 641:2 and

RSA 651-D

Jus 604.02

RSA 21-M:8-h, X (a)(b)

Jus 605 (all provisions)

RSA 21-M:8-h, RSA 21-M:8-j

Jus 605.02

RSA 21-M:8-j, V

Jus 605.13

RSA 21-M:8-c

Jus 606 (all provisions)

RSA 21-M:8-g, III and RSA 541-A:16, I(b)

Jus 606.04

RSA 91-A:2, III

Jus 606.07

RSA 541-A:29

History

#12938, eff 12-9-19

Chapter Jus 800 Model Rules of Practice and Procedure

Part Jus 801 Purpose and Applicability

N.H. Code Admin. R. Ann. Jus 801.01 Purpose. {#sec-jus-801.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 801.01}

The purpose of this chapter is to provide model rules of practice and procedure for adjudicative proceedings conducted by agencies that have not adopted effective rules governing the conduct of administrative hearings. The provisions of these rules are intended to supplement the procedures established by RSA 541-A and procedures established under any statute relating to the agency conducting the hearing.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 801.02 Applicability. {#sec-jus-801.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 801.02}

(a) The rules in this chapter shall apply to any adjudicative proceeding conducted by an agency that has not adopted rules for adjudicative proceedings.

(b) The rules in this chapter shall also apply to an adjudicative proceeding conducted by an agency that has adopted rules governing the conduct of administrative hearings only to the extent that the agency's rules do not address a practice or procedure addressed in the model rules. An agency rule that addresses a specific procedure shall control that procedure, and the model rule shall not apply even if the agency rule conflicts with, is narrower than, or is broader than these model rules.

History

#7129, eff 5-3-00

Part Jus 802 Definitions

N.H. Code Admin. R. Ann. Jus 802.01 Definitions. {#sec-jus-802.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 802.01}

(a) “Agency” means “agency” as defined by RSA 541-A:1, II, namely, “each state board, commission, department, institution, officer, or any other state official or group, other than the legislature or the courts, authorized by law to make rules or determine contested cases.”

(b) “Appearance” means a written notification to the agency that a party or a party’s representative intends to actively participate in a hearing.

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

(d) “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

(e) “Natural person” means a human being.

(f) “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.” The term “party” includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:32, III.

(g) “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.”

(h) “Presiding officer” means presiding officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.”

(i) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

History

#7129, eff 5-3-00

Part Jus 803 Presiding Officer; Withdrawal and Waiver of Rules

N.H. Code Admin. R. Ann. Jus 803.01 Presiding Officer; Appointment; Authority. {#sec-jus-803.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 803.01}

(a) All hearings shall be conducted for an agency by a natural person appointed or authorized to serve as a presiding officer.

(b) A presiding officer shall as necessary:

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

(2) Facilitate an informal resolution of an appeal;

(3) Administer oaths and affirmations;

(4) Issue subpoenas to compel the attendance of witnesses at hearings or the production of documents, if so authorized by law;

(5) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

(6) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

(7) Question any person who testifies;

(8) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

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

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 803.02 Withdrawal of Presiding Officer or Agency Official. {#sec-jus-803.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 803.02}

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

(b) Good cause shall exist if a presiding officer or agency official:

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

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

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

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 803.03 Waiver or Suspension of Rules by Presiding Officer {#sec-jus-803.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 803.03}

The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the agency than would adherence to a particular rule or procedure.

History

#7129, eff 5-3-00

Part Jus 804 Filing, Format and Delivery of Documents

N.H. Code Admin. R. Ann. Jus 804.01 Date of Issuance or Filing. {#sec-jus-804.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 804.01}

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the agency on the actual date of receipt by the agency, as evidenced by a date stamp placed on the document by the agency in the normal course of business.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 804.02 Format of Documents. {#sec-jus-804.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 804.02}

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

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

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

(3) Be signed by the party or proponent of the document, or, if the party 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 to the proceeding in compliance with Jus 804.03.

(b) A party or representative's signature on a document filed with the agency 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

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 804.03 Delivery of Documents. {#sec-jus-804.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 804.03}

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

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

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the agency by the party.

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

History

#7129, eff 5-3-00

Part Jus 805 Time Periods

N.H. Code Admin. R. Ann. Jus 805.01 Computation of Time. {#sec-jus-805.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 805.01}

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

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

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

History

#7129, eff 5-3-00

Part Jus 806 Motions

N.H. Code Admin. R. Ann. Jus 806.01 Motions; Objections. {#sec-jus-806.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 806.01}

(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 on the basis of information which was not received in time to prepare a written motion.

(b) Oral motions and any oral objection 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 moving party to submit the motion in writing, with supporting information.

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

(e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

History

#7129, eff 5-3-00

Part Jus 807 Notice of Hearing; Appearances; Pre-Hearing Conferences

N.H. Code Admin. R. Ann. Jus 807.01 Commencement of Hearing. {#sec-jus-807.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 807.01}

A hearing shall be commenced by an order of the agency giving notice to the parties as required by Jus 807.03.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 807.02 Docket Numbers. {#sec-jus-807.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 807.02}

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the agency.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 807.03 Notice of Hearing. {#sec-jus-807.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 807.03}

(a) A notice of a hearing issued by an agency shall contain the information required by RSA 541-A:31, III, namely:

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

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

(3) A reference to the particular statutes and rules involved including this chapter;

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

(5) A statement that each party has the right to have an attorney represent them at their own expense; and

(6) For proceedings before an agency responsible for occupational licensing, a statement that each party has the right to have the agency provide a certified shorthand court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 807.04 Appearances and Representation. {#sec-jus-807.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 807.04}

(a) A party or the party’s representative shall file an appearance that includes the following information:

(1) A brief identification of the matter;

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

(3) The party or representative's daytime address and telephone number.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 807.05 Prehearing Conference. {#sec-jus-807.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 807.05}

Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider:

(a) Offers of settlement;

(b) Simplification of the issues;

(d) Limitations on the number of witnesses;

(e) Changes to standard procedures desired during the hearing by consent of the parties;

(f) Consolidation of examination of witnesses; or

(g) Any other matters which aid in the disposition of the proceeding.

History

#7129, eff 5-3-00

Part Jus 808 Roles of Agency Staff and Complainants

N.H. Code Admin. R. Ann. Jus 808.01 Role of Agency Staff in Enforcement or Disciplinary Hearings. {#sec-jus-808.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 808.01}

Unless called as witnesses, agency staff shall have no role in any enforcement or disciplinary hearing.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 808.02 Role of Complainants in Enforcement or Disciplinary Hearings. {#sec-jus-808.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 808.02}

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to an agency about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing.

History

#7129, eff 5-3-00

Part Jus 809 Intervention

N.H. Code Admin. R. Ann. Jus 809.01 Intervention. {#sec-jus-809.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 809.01}

(a) A non-party may intervene in a matter pending before an agency under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

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

(c) Except as limited by the presiding officer under RSA 541-A:32, III, an intervenor shall be entitled to participate in a hearing as a party.

History

#7129, eff 5-3-00

Part Jus 810 Postponement Requests and Failure to Attend Hearing

N.H. Code Admin. R. Ann. Jus 810.01 Postponements. {#sec-jus-810.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 810.01}

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

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

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

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 810.02 Failure to Attend Hearing. {#sec-jus-810.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 810.02}

If any party to whom notice has been given in accordance with Jus 807.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and shall either:

(a) Dismiss the case, if the party with the burden of proof fails to appear; or

(b) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

History

#7129, eff 5-3-00

Part Jus 811 Requests for Information or Documents

N.H. Code Admin. R. Ann. Jus 811.01 Voluntary Production of Information. {#sec-jus-811.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 811.01}

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

(b) When a dispute between parties arises concerning to a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Jus 811.02.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 811.02 Motions to Compel Production of Information. {#sec-jus-811.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 811.02}

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. 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 hearing if such notice is issued less than 30 days in advance of the hearing.

(b) The moving party’s motion shall:

(1) Set forth in detail those factors which it believes justify its request for information; and

(2) List with specificity the information it is seeking to discover.

(c) When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 811.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits. {#sec-jus-811.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 811.03}

At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

History

#7129, eff 5-3-00

Part Jus 812 Record, Proof, Evidence and Decisions

N.H. Code Admin. R. Ann. Jus 812.01 Record of the Hearing. {#sec-jus-812.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 812.01}

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

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

(c) At the request of a party to any proceeding involving disciplinary action before an agency responsible for occupational licensing, the record of the proceeding shall be made by a certified shorthand court reporter provided by the agency at the requesting party’s expense. A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 812.02 Standard and Burden of Proof. {#sec-jus-812.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 812.02}

The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 812.03 Testimony; Order of Proceeding. {#sec-jus-812.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 812.03}

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

(b) Testimony shall be offered in the following order:

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

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

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 812.04 Evidence. {#sec-jus-812.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 812.04}

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

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

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

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

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 812.05 Proposed Findings of Fact and Conclusions of Law. {#sec-jus-812.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 812.05}

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

(b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law

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

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 812.06 Closing the Record. {#sec-jus-812.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 812.06}

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) of this section and Jus 812.07.

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

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 812.07 Reopening the Record. {#sec-jus-812.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 812.07}

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 812.08 Decisions. {#sec-jus-812.08 omnilex-key=us-nh-regs-official--agency-jus--Jus 812.08}

(a) An agency official shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the agency who are to render a final decision, the presiding officer shall submit to the agency a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

(c) If a proposal for decision in a matter not personally heard by an agency official is adverse to a party to the proceeding other than the agency itself, the agency shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the agency.

(d) A proposal for decision shall become a final decision upon its approval by the agency.

(e) An agency shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, 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

#7129, eff 5-3-00

Part Jus 813 Motion for Rehearing

N.H. Code Admin. R. Ann. Jus 813.01 Purpose. {#sec-jus-813.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 813.01}

The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of an agency prior to appealing the decision.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 813.02 Applicability. {#sec-jus-813.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 813.02}

The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 813.03 Filing and Content of Motion. {#sec-jus-813.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 813.03}

(a) A motion for rehearing shall be filed within 30 days of the date of an agency decision or order.

(b) A motion for rehearing shall:

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

(2) Describe how each error causes the agency's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary unreasonable or capricious;

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 813.04 Standard for Granting Motion for Rehearing. {#sec-jus-813.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 813.04}

(a) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the agency's decision is unlawful, unjust or unreasonable.

(b) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the agency's decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion or arbitrary, unreasonable or capricious.

History

#7129, eff 5-3-00

N.H. Code Admin. R. Ann. Jus 813.05 Decision on Motion for Rehearing. {#sec-jus-813.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 813.05}

An agency shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

Appendix

Rule

Specific State or Federal Statutes or Regulations which the Rule Implements

Jus 801.01

RSA 541-A:30-a, II

Jus 801.02

RSA 541-A:30-a, II, V

Jus 802

RSA 541-A:1; 541-A:30-a, II

Jus 803.01

RSA 541-A:29-39

Jus 803.02

RSA 541-A:30-a, III, (k); 541-A:36

Jus 803.03

RSA 541-A:22, IV; 541-A:30-a, III (j)

Jus 804.01

RSA 541-A:29-35; 541-A:30-a, III (a)

Jus 804.02

RSA 541-A:29-35; 541-A:30-a, III (a)

Jus 804.03

RSA 541-A:29-35; 541-A:30-a, III (a)

Jus 805.01

RSA 541-A:29-35; 541-A:30-a, III (f)

Jus 806.01

RSA 541-A:29-35; 541-A:30-a, III (a)

Jus 807.01

RSA 541-A:31, I-II

Jus 807.02

RSA 541-A:29-39; 541-A:31, I-II

Jus 807.03

RSA 541-A:31, III

Jus 807.04

RSA 311:1; 311:7; 541-A:30-a, III (b)

Jus 807.05

RSA 541-A:31, V; 541-A:38

Jus 808.01

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

Jus 808.02

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

Jus 809.01

RSA 541-A:32; 541-A:30-a, III (g)

Jus 810.01

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

Jus 810.02

RSA 541-A:29-39

Jus 811.01

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

Jus 811.02

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

Jus 811.03

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

Jus 812.01

RSA 541-A:31, VI

Jus 812.02

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

Jus 812.03

RSA 541-A:33

Jus 812.04

RSA 541-A:33

Jus 812.05

RSA 541-A:31, VI (c); 541-A:35

Jus 812.06

RSA 541-A:31; 541-A:33

Jus 812.07

RSA 541-A:31; 541-A:33; 541-A:30-a, III (i)

Jus 812.08

RSA 541-A:34-35; 541-A:30-a, (e)

Jus 813.01

Ch. 541

Jus 813.02

Ch. 541

Jus 813.03

RSA 541:3

Jus 813.04

RSA 541:4

Jus 813.05

RSA 541:5

History

#7129, eff 5-3-00

Chapter Jus 1300 Land Sales Full Disclosure Rules

Part Jus 1301 Definitions

N.H. Code Admin. R. Ann. Jus 1301.01 Bureau {#sec-jus-1301.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 1301.01}

“Bureau” means the bureau of consumer protection and antitrust, New Hampshire department of justice.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1301.02 Documentary evidence {#sec-jus-1301.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 1301.02}

“Documentary evidence” means:

(a) In the case of cost estimates, documentation obtained from the suppliers of the service; and

(b) In the case of estimates of completion dates:

(1) Actual contracts awarded;

(2) Engineering schedules; or

(3) Other evidence of commitments to complete construction.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1301.03 Good faith estimate {#sec-jus-1301.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 1301.03}

“Good faith estimate” means an estimate based on such documentary evidence as is available.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1301.04 Institutional lender {#sec-jus-1301.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 1301.04}

“Institutional lender” means “institutional lender” as defined in RSA 356-B:3, XVII, namely “one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds, or business trusts including but not limited to real estate investment trusts, any other lender regularly engaged in financing the purchase, construction, or improvement of real estate, or any assignee of loans made by such a lender, or any combination of any of the foregoing entities.”

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1301.05 Interest {#sec-jus-1301.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 1301.05}

“Interest” means “interest” as defined in RSA 356-A:1, XV, namely “without limitation, any fee simple interest, leasehold interest for a term of more than 5 years, life estate and time sharing interest.”

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1301.06 Non-institutional lender {#sec-jus-1301.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 1301.06}

“Non-institutional lender” means any individual or entity which provides financing to any subdivider for:

(a) Acquisition of a subdivision or any portion of a subdivision;

(b) Construction of improvements; or

(c) Any other costs associated with the development or marketing of any lots, parcels, units, or interests in a subdivision.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19 (from Jus 1301.05)

N.H. Code Admin. R. Ann. Jus 1301.07 Principal {#sec-jus-1301.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 1301.07}

“Principal” means:

(a) Each officer, partner, or trustee of the declarant, or the subdivider, or person occupying similar status or performing similar functions;

(b) Each natural person who is a real party in interest having more than a 10 percent ownership or beneficial interest in the subdivision, or having more than a 20 percent ownership or beneficial interest in any entity that has a majority direct or majority beneficial interest in the subdivision; or

(c) Any other person that the bureau reasonably determines should be treated as a principal for purposes of submitting information required by Jus 1306.04.

History

#12909, eff 10-24-19 (from Jus 1301.06)

Part Jus 1302 Fees and Form of Submissions

N.H. Code Admin. R. Ann. Jus 1302.01 Method of Payment {#sec-jus-1302.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 1302.01}

Fees paid by check or money order shall be made payable to the State of New Hampshire.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1302.02 Calculation of Fees {#sec-jus-1302.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 1302.02}

(a) The amount of the fee for an initial application for registration or an application for registration of additional lots, parcels, units, or interests shall be calculated pursuant to this section.

(b) The fee accompanying each initial application for registration shall be no less than $300 and no more than $2,000. The fee accompanying each additional application shall be no less than $200, nor more than $2,000. The total fee for a subdivision that is to be registered in phases may exceed $2,000.

(c) Subject to paragraph Jus 1302.02(a), the amount of the fee for each application shall be calculated by multiplying the number of lots, parcels, units, or interests for which registration is sought, by $30. This figure shall not include all lots, parcels, units, or interests that eventually might be included in the subdivision, but only those lots, parcels, units, or interests for which registration at the present time is sought.

(d) No subdivider shall apply amounts paid in connection with an application to future applications or to registration of additional lots, parcels, units, or interests.

(e) The amount of the appropriate fee and any refund shall be determined by reference to the number of lots, parcels, units, or interests applied for, and not by reference to the number of lots, parcels, units, or interests actually registered.

(f) So that RSA 356-A:5, VII can be applied consistently with RSA 356-B:51, VII, a subdivision involving time sharing interests or similar interests shall be subject to a fee schedule based on the number of units, or similar designations it contains, rather than the number of time sharing interests, or similar interests, if the subdivision is constituted in such a manner as to contain the equivalent of units.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1302.03 Refunds {#sec-jus-1302.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 1302.03}

(a) Upon discovery by the bureau that an overpayment has been made, the bureau shall, as soon thereafter as is practicable, cause to be returned to the applicant the amount of the overpayment.

(b) No refund shall be due if an application is rejected by the bureau or withdrawn by the applicant after a notice of filing has been issued.

(c) Once an application has been rejected or withdrawn, reconsideration of the application or the filing of a new application shall require submission of an additional fee calculated in the manner provided by Jus 1302.02.

(d) When an application has been returned to the applicant pursuant to Jus 1306.13, the bureau shall as soon thereafter as is practicable return the application fee in its entirety.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1302.04 Exemption Fees {#sec-jus-1302.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 1302.04}

The amount of the fee which shall accompany an application for exemption shall be $200.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1302.05 Form of Submissions {#sec-jus-1302.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 1302.05}

Any application, request, report, or supporting documents related thereto filed with the bureau for registration under, exemption from, or as required by any provision of RSA 356-A or these rules may be submitted in an electronic form or in paper form.

History

#12909, eff 10-24-19

Part Jus 1303 Subdivisions Regulated

N.H. Code Admin. R. Ann. Jus 1303.01 List Not Exclusive {#sec-jus-1303.01 omnilex-key=us-nh-regs-official--agency-jus--Jus 1303.01}

The subdivisions, lots, parcels, units, and interests described in Jus 1303 shall not be exclusive of any other subdivisions, lots, parcels, units, and interests regulated under RSA 356-A and these rules.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1303.02 Membership Campgrounds {#sec-jus-1303.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 1303.02}

(a) The provisions of RSA 356-A and these rules shall apply to campgrounds, to the extent that persons are offered the exclusive right to occupy one or more campground sites, one or more times during the year, for a period of more than 5 years.

(b) For purposes of this section and consistent with Jus 1303.02(a) and Jus 1301.05, “interest” shall include the exclusive right to occupy one or more campground sites, lots, parcels, or units, one or more times during the year, for a period of more than 5 years from the date of execution of an instrument for the disposition of such right, regardless of whether such right is accompanied by a fee simple interest or a leasehold, or neither of them, in said campground sites, lots, parcels, or units.

(c) This section shall not be deemed to exempt campground membership programs from complying with the time sharing provisions of RSA 356-A and these rules, to the extent that such programs involve time sharing interests.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1303.03 Condexes {#sec-jus-1303.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 1303.03}

(a) To the extent that a plan of development provides for a series of adjoining condominiums, one or more of which contain fewer than 11 units, resulting in the division of contiguous land into more than 15 parcels, lots, units, or interests by whichever measure results in the greater number, the plan shall be considered a method of disposition adopted for the purpose of evasion of RSA 356-A, unless the developer, prior to offering or disposing of any interest in the condominium units:

(1) Obtains registration or exemption from registration for each unit, pursuant to RSA 356-A:5 and RSA 356-A:8 or RSA 356-A:3, II; and

(2) Obtains registration or exemption from registration of each unit in any condominium containing more than 10 units, pursuant to RSA 356-B:51 and RSA 356-B:54, or RSA 356-B:49, III.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1303.04 Planned Unit or Planned Residential Development {#sec-jus-1303.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 1303.04}

(a) All developments containing a mix of condominiums and single-family or other residential lots, parcels, units, or interests, shall be subject to RSA 356-A and these rules, provided however, that:

(1) The fee submitted with an application for registration or exemption of the subdivision need not include an amount for the condominium units which are to be separately registered or exempted under RSA 356-B; and

(2) All condominiums in the development which contain more than 10 units shall be separately registered or exempted under RSA 356-B, prior to the offering or disposing of interests in units in those condominiums.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1303.05 Application of Rules to Subdivisions Which May Contain 15 or More Lots, or Interests {#sec-jus-1303.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 1303.05}

Any subdivision which might, at any time, include more than 15 lots, parcels, units, or interests shall be subjected to RSA 356-A and these rules, if the ultimate use of any of the lots, parcels, units, or interests is to be residential.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

Part Jus 1304 Exemptions from Registration

No subdivision in which time share interests are offered shall be eligible for exemption from registration and annual reporting under Jus 1304.03, Jus 1304.07, or Jus 1304.10.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1304.02 Recordkeeping {#sec-jus-1304.02 omnilex-key=us-nh-regs-official--agency-jus--Jus 1304.02}

Every subdivider shall keep a copy of each document and all written information submitted to the bureau in connection with any application for exemption from registration ultimately granted, until January 31 of the calendar year following the year in which all lots, parcels, units, or interests in the subdivision have been sold or disposed of by the subdivider.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1304.03 Urban Single Family Residence and Duplex Exemption {#sec-jus-1304.03 omnilex-key=us-nh-regs-official--agency-jus--Jus 1304.03}

(a) The bureau shall exempt a subdivision from registration and annual reporting requirements of RSA 356-A:4, I and RSA 356-A:5 through RSA 356-A:9 if the conditions below are met:

(1) The subdivision shall have no more than 50 lots, parcels, units, or interests, including any that might be added at any future time, and the total number of lots offered pursuant to each exemption application shall not exceed 35;

(2) Each lot offered or disposed of under the exemption shall be limited exclusively by:

a. Enforceable covenants or restrictions; or

b. Enforceable zoning ordinances to single-family residences or duplexes;

(3) The town or city in which the lots for which an exemption is applied shall have a population of at least 15,000 at the time the application is filed;

(4) Each of the towns or cities in which lots for which exemption is applied shall have, prior to the time the application is filed:

a. Established a planning board pursuant to RSA 673:1, I;

b. Adopted a building code pursuant to RSA 673:1, V;

c. Appointed a building inspector pursuant to RSA 673:1, III;

d. Adopted a master plan or sections or parts of a master plan pursuant to RSA 674:1 and RSA 675:6; and

e. Adopted a zoning ordinance pursuant to RSA 674:16;

(5) If the streets or roads providing access to the subdivision and to the lots for which exemption is applied are not complete at the time the application is filed, the subdivider shall post surety acceptable to the town or city in the full amount of the cost of completing the streets or roads to assure completion to local standards;

(6) Surety required by (a)(5) above shall:

a. Be in the form prescribed by Jus 1304.14; and

b. Be posted as required by (a)(5) prior to an application for exemption, under Jus 1304.03, being filed;

(7) The town or city, or a homeowners' association, shall have accepted or be obligated to accept the responsibility for maintaining the street or road upon which the lot is situated;

(8) In any case in which a homeowners' association has accepted or is obligated to accept maintenance responsibility, the subdivider shall, prior to the signing of a contract or agreement to purchase, provide the purchaser with a good faith written estimate of the cost of carrying out the responsibility over the first 10 years of ownership;

(9) At the time of closing, potable water, sanitary sewage disposal, and electricity shall be extended to the lot, or the town or city shall be obligated to install the facilities within 180 days following closing;

(10) For subdivisions which will not have central water or sewage disposal systems, there shall be assurances that an adequate potable water supply is available year-round and that the lot is approved for the installation of a septic tank;

(11) The contract of sale shall require delivery of a warranty deed, free from monetary liens and encumbrances, to the purchaser within 360 days after the signing of the sales contract;

(12) The contract of sale shall be voidable at the election of the purchaser, in the event the warranty deed has not been delivered within the required time period, and the contract shall state that it is so voidable;

(13) The purchaser or purchaser’s spouse shall make a personal, on-site inspection of the lot purchased prior to signing a contact or agreement to purchase;

(14) If the subdivider or agent represents in any manner that improvements, roads, sewers, water, gas or electric service, or recreational amenities will be provided or completed by the subdivider, the purchase and sale agreement shall contain provisions so obligating the subdivider;

(15) The purchase and sale agreement shall contain a notice specifying the cancellation rights provided by RSA 356-A:4, II and shall identify the person or institution holding deposits in escrow by name and address; and

(16) The subdivider shall not:

a. Have been convicted of any crime within the past 10 years which, if committed in this state would constitute a felony;

b. Have been the subject of a cease and desist order, revocation, injunction, or similar enforcement order relating to illegal condominium or land sales activity in this state or elsewhere; and

c. Have as a principal, any person or entity who has been subject to such enforcement order or criminal conviction, or who has been a principal in an entity that has been subject to such enforcement order or criminal conviction.

(b) For purposes of (a)(2)b., above, mobile homes, townhouses, and residences for one family use shall be considered single-family residences for purposes of this exemption provision.

(c) In the case of a subdivision located in more than one town or city, only those lots located in a town or city meeting the population requirement of (a)(3) shall be exempted.

(d) For purposes of determining the population of towns and cities under (a)(3), the bureau shall rely on the most recent population statistics available from the office of state planning.

(e) Notwithstanding (a), above, an exemption shall not be granted if it does not protect purchasers consistent with RSA 356-A.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1304.04 Application for Urban Single Family Residence and Duplex Exemption {#sec-jus-1304.04 omnilex-key=us-nh-regs-official--agency-jus--Jus 1304.04}

(a) A subdivider requesting an exemption from registration pursuant to section Jus 1304.03 shall complete the “Application for Urban Single Family Residence and Duplex Exemption” Form CPLS121, (August, 2019) and shall file the application at the offices of the bureau.

(b) An applicant filing an application for exemption under this section shall attach the following documentary evidence as appendices to that application:

(1) Copies of any evidence of registration to do business in this state and, if applicable, any trade name as “Appendix A”;

(2) Copies of any mortgages, liens, or other financial encumbrances on any lot as “Appendix B”;

(3) Copies of any covenants or restrictions that affect a purchaser’s use of any lot as “Appendix C”;

(4) Copies of any documents pertaining to the homeowner’s association as “Appendix D”;

(5) A copy of any proposed budget as “Appendix E”;

(6) Copies of all applicable subdivision approvals issued by the department of environmental services as “Appendix F”;

(7) Evidence of the city or town’s obligation to extend water service, sewerage disposal system, and electricity to each lot by the time of closing as “Appendix G”;

(8) Copies of any financial assurances that have been posted with any governmental entity to secure completion of any promised improvement as “Appendix H”;

(9) Copies of any documents showing that a governmental entity has agreed to accept maintenance of the roads, sewerage, and water systems as “Appendix I”;

(10) A copy of the platted subdivision plan as “Appendix J”;

(11) A copy of the sample purchase and sale agreement as “Appendix K”;

(12) A copy of the sample warranty deed to be used in conveying interests in this subdivision as “Appendix L”; and

(13) Copies of all governmental approvals and permits as “Appendix M”.

(c) An applicant filing an application for exemption under this section shall complete and attach the following affidavits and resolutions to that application:

(1) A notarized affidavit affirming that all of the information contained in the application is true, correct, and complete;

(2) A certificate of resolution authorizing a personal representative of the subdivider to make and file the application with the bureau; and

(3) A certificate of appointment authorizing and appointing the office of the attorney general to receive service of legal process in any non-criminal proceeding arising under RSA 356-A against the subdivider or any of its personal representatives.

History

(See Revision Note at chapter heading for Jus 1300) #9782-B, eff 9-11-10; ss by #12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1304.05 Fees for Urban Single Family Residence and Duplex Exemption {#sec-jus-1304.05 omnilex-key=us-nh-regs-official--agency-jus--Jus 1304.05}

The application shall be accompanied by a non-refundable fee in the amount of $200.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1304.06 Effect of Filing {#sec-jus-1304.06 omnilex-key=us-nh-regs-official--agency-jus--Jus 1304.06}

(a) As to those 35 or fewer lots identified in the application filed under Jus 1304.04, the exemption from registration and annual reporting shall be effective as of the date the certificate of exemption is issued by the bureau, and offers and dispositions may commence as of that date.

(b) No person shall file an application under Jus 1304.04 that is incomplete in any respect, nor shall any person seek a waiver of this requirement or any of the requirements of Jus 1304.03 through Jus 1304.06.

(c) Any offer or disposition of any lot, unit, parcel, or interest in a subdivision for which an incomplete application has been filed shall be deemed an offer or disposition in violation of RSA 356-A:4, I.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1304.07 Fifty Lot Exemption {#sec-jus-1304.07 omnilex-key=us-nh-regs-official--agency-jus--Jus 1304.07}

(a) The bureau shall exempt a subdivision from the registration and annual reporting requirements of RSA 356-A:4, I and RSA 356-A:5 through RSA 356-A:9 if the following conditions are met:

(1) The subdivision shall have no more than 50 lots, parcels, units, or interests, including any that may be added at a future time;

(2) The town or city in which the lots, parcels, units, or interests for which exemption is applied are located, shall have, prior to the time the application is filed, established a planning board pursuant to RSA 673:1, I;

(3) If the streets or roads providing access to the subdivision and to the lots, parcels, units, or interests for which exemption is applied are not complete at the time the application is filed, the subdivider shall post surety acceptable to the town or city as follows:

a. The surety shall be in the full amount of the cost of completing the streets or roads to assure completion to local standards; and

b. The surety shall be in the form prescribed by Jus 1304.14;

(4) The subdivision shall meet the requirements of Jus 1304.03(a)(7)-(l6), except that Jus 1304.03(a)(7) and (8) shall not need to be complied with if the subdivider discloses in the purchase and sale agreement that no assurances are made with respect to the matters included in those paragraphs; and

(5) At the time the application is filed, the subdivider shall:

a. Be the current owner of record of the lots, parcels, units, or interests in the subdivision; or

b. Be able to present evidence that it can convey or can reasonably be expected to be able to convey title by warranty deed if the purchaser complies with the terms of the offer.

(b) Notwithstanding the provisions of Jus 1304.07(a), above, an exemption shall not be granted if it does not protect purchasers pursuant to RSA 356-A.

History

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, EXPIRED: 9-11-18
#12656, INTERIM, eff 11-1-18, EXPIRED: 4-30-19
#12909, eff 10-24-19

N.H. Code Admin. R. Ann. Jus 1304.08 Application For 50 Lot Exemption {#sec-jus-1304.08 omnilex-key=us-nh-regs-official--agency-jus--Jus 1304.08}

(a) A subdivider requesting an exemption from registration pursuant to Jus 1304.07 shall complete the “Application for Fifty Lot Exemption” Form CPLS122, (August, 2019) and file the application at the offices of the bureau.