N.H. Admin. Code § Pub 201.04 - Amendments and Withdrawals

(a) With the exception of amendments requested during the course of a final hearing, all requests for amendment shall be presented to the board by a separately prepared and filed motion.

(b) The board shall permit an amendment to the complaint or to the answer which is filed and requested at least 15 days prior to the date of hearing upon due notice to all parties.

(c) The board shall allow requests for an amendment filed less than 15 days prior to the date of hearing, including requests filed at the conclusion of the hearing to amend the complaint or answer as necessary to conform to the evidence, unless the amendment shall result in unnecessary delay of the proceeding or unfair prejudice to another party in the proceeding.

(d) When a complaint has been amended, the board shall provide the respondent with the opportunity to amend the response or answer.

(e) A complaint may be withdrawn at any time by the complainant upon written notification to the board and such withdrawal shall be with prejudice unless the complaint is reinstituted as set forth in Pub 201.04(f) and (g).

(f) A party seeking to reinstitute a previously withdrawn complaint shall file a written motion containing the reason(s) for the withdrawal and for the requested reinstatement, and shall state whether the opposing party agrees to the reinstitution of the complaint.

(g) The board shall reinstitute a complaint for good cause shown. Good cause shall include the respondent's failure to comply in a timely manner with the material provisions of a settlement agreement which formed the basis for the withdrawal of the complaint.

Notes

N.H. Admin. Code § Pub 201.04

#5679, eff 8-4-93 (from Pub 102.03) , EXPIRED: 8-4-99

New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08

New. # 9081-A, eff 1-29-08 ; ss by #9441-A, eff 3-27-09