Rules > PART Pub 101

PART Pub 101 DEFINITIONS

Pub 101.01 Definitions.

(a) "Adjudicative proceeding" means hearings on any contested matter conducted by the board or a hearing officer and brought in conformance with these rules to the board or its employees or agents for adjudication, determination or resolution under the authority conferred in RSA 273-A or 273-C.

(b) "Answer" means a written responsive pleading to a complaint or petition filed with the board and which answers, paragraph by paragraph, in separately numbered paragraphs, the allegations in the complaint or petition and which specifically admits or denies each allegation.

(c) "Board" means the public employee labor relations board of the State of New Hampshire as defined and provided for in RSA 273-A:2.

(d) "Complaint" means a pleading filed with the board which complains of anything done or omitted from being done in violation of any law, rule, regulation, decision or order administered or adopted by the board.

(e) "Complainant" means any party who files a complaint or on whose behalf a complaint is filed with the board.

(f) "Day" means a calendar day unless further definition, limitation or explanation defines it differently in the context in which it is used.

(g) "Declaratory ruling" means a ruling regarding the applicability of any statute within the jurisdiction of the board to enforce, or regarding any rule or order of the board.

(h) "Executive director" means the chief legal administrative and executive employee of the board as contemplated in RSA 273-A:2.

(i) "Hearing" means a proceeding before the board, its employees or agents, inclusive of a hearing officer as contemplated in RSA 273-A:6, for which notice has been given by the board in accordance with the applicable statutes and rules adopted thereunder and at which time all interested parties are afforded an opportunity to present such written and/or oral testimony as the board, its employees or agents deem relevant and material to the issues.

(j) "Intervenor" means any petitioner who has sought and been granted permission by the board to intervene in any hearing, inclusive of status to participate therein as an amicus curiae.

(k) "Motion" means a filing in a pending case requesting specific relief.

(l) "Objection" means a written responsive pleading to a motion.

(m) "Order" means the whole or part of the board's final disposition of a matter, other than a rule, but does not include decisions to postpone or continue a matter or to issue interim relief pending disposition by a final order.

(n) "Petition" means a pleading, other than a complaint, filed with the board for the purpose of seeking an approval, determination, consent, certification, decertification or authorization from the board.

(o) "Petitioner" means any party who files a petition or on whose behalf a petition is filed with the board.

(p) "Presiding officer" means that member of the board representing the public at large, rather than labor or management, who is acting as chair of a hearing conducted by the board, or any agent or employee of the board acting as a hearing officer under RSA 273-A or 273-C.

(q) "Respondent" means a party subject to the jurisdiction of the board named in a complaint or petition and to whom notice has been given about the filing of the complaint or petition.

(r) "Unfair labor practice" means the alleged commission of an act violative of RSA 273-A:5; or 273-C:6 for which a complaint can be filed by the party or parties aggrieved thereby.

Source. #7186, eff 1-8-00; ss by #9441-A, eff 3-27-09