N.H. Admin. Code § Rko 203.04 - Inability to Pay; Waiver of Fee

(a) A party who wishes to file a complaint with the office but who claims that they are unable to pay the required fee shall, at the time of the filing of the complaint, submit with the complaint a motion requesting that the ombudsman waive the fee.

(b) A claim of inability to pay shall be based upon a claimant's actual financial inability to submit the fee, and not upon any professed inability of the claimant to pay the fee as the result of:

(1) The necessity of submitting payment by a method other than that which is desired by the claimant;

(2) Any delay which may be caused by submission of the payment in the form required by Rko 203.02 (a);

(3) A disagreement with the legislature's imposition of a filing; or

(4) Any matter not relating to the claimant's actual present financial situation.

(c) In addition to such argument as the claimant believes supports their claim of an inability to pay, a motion requesting waiver of the fee shall include or attach a financial statement containing the following information:

(1) The claimant's:

a. Name;

b. Address;

c. Telephone number;

d. Date of birth;

e. Marital status;

f. Statement of the names and addresses of members of the claimant's household, whether or not related by blood or marriage;

g. Statement of the names and ages of all persons whom the claimant believes are dependent upon the claimant for financial support;

h. Weekly wages or salary, together with the name and address of any employer;

i. Cash on hand;

j. Cash in any accounts, together with the name and address of the entity holding those accounts;

k. Stocks, bonds, trusts, certificates of deposit and similar investments;

l. Funds received from any other source within the prior 6 months;

m. Monthly housing costs and the name and address of the entity to whom those costs are owed;

n. Monthly utility costs, together with the name of each utility;

o. Monthly loan payments, including minimum payments due on consumer debt, and the name and address of the payee;

p. Credit available through consumer credit organizations, bank lines of credit or other sources, and the name and address of the credit source;

q. Monthly payments not accounted for above; and

r. Real property owned, together with its address, its current value, the outstanding amount of any mortgage, and the name and address of the mortgagee;

(2) Statement that the financial information provided is true and accurate at the time of the filing of the complaint; and

(3) Statement of:

a. Whether the claimant has spoken to others about:

1. The potential for a loan or gift of the filing fee; or

2. The potential for indigent representation before the office by another person; and

b. What, if any, response was received to the above inquiries.

(d) In lieu of submitting the financial information noted in (c) above, a claimant may submit to the office a financial affidavit, executed within the 6 months prior to filing the motion for waiver of the fee, which form is used by the New Hampshire judicial branch for the purposes of determining either:

(1) A criminal defendant's indigency; or

(2) A party's assets in the context of a marital case.

(e) If applicable, the claimant shall include with or in the claimant's motion to waive the fee any updates or corrections to information submitted under (d) above so as to render it accurate as of the time of the filing of the complaint.

(f) A claimant shall not be required to provide a copy of a motion for waiver of the filing fee to the respondent.

(g) Upon receipt of a motion for waiver of the filing fee, the ombudsman shall:

(1) Advise the respondent in writing, copied to the claimant, that such a motion has been filed;

(2) Inquire of the respondent whether it objects to the waiver of the fee in the particular matter; and

(3) Advise the respondent that if it poses an objection, a notice of objection must be submitted to the office and served upon the claimant within ten days.

(h) Should the claimant desire a hearing on the request for waiver of the fee, the claimant shall clearly request a hearing in the motion.

(i) In the absence of a clearly stated request for a hearing on a motion to waive the fee, the matter shall be decided by the ombudsman on the basis of the information provided by the claimant in writing and any independent verification conducted by the office, unless the ombudsman, acting sua sponte, concludes that there are questions concerning the motion which could best be addressed by a conducting a hearing.

(j) A request for a hearing on a motion to waive the fee shall be granted if the ombudsman concludes that such hearing would be beneficial to the ombudsman's better understanding of the claimant's allegation of an inability to pay.

(k) Hearings on motions to waive the fee shall be:

(1) Conducted on an ex parte basis;

(2) Closed to the public; and

(3) Conducted on the record, provided, however, that the recording of the hearing on a motion to waive the fee shall not be subject to public disclosure.

(l) The ombudsman shall grant a motion to waive the fee if the ombudsman concludes that it is more probable than not that the claimant is in fact unable to pay the fee without irreparable damage to the person's present financial situation.

(m) The denial of a request to waive the fee shall result in the dismissal of the complaint without prejudice.

(n) The ombudsman shall inform the respondent whether the motion to waive the fee has been granted or denied.

Notes

N.H. Admin. Code § Rko 203.04

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.