N.H. Admin. Code § Rko 209.03 - Dismissal Following Hearing
(a) The ombudsman,
upon motion or acting sua sponte, shall dismiss a complaint following a hearing
if it appears that:
(1) The respondent
identified in the complaint is a private person not acting with the authority
of a public body, agency, or official at the time of the actions
alleged;
(2) The respondent
identified in the complaint is an entity to which the provisions of RSA 91-A do
not apply;
(3) The complaint
alleges a violation of Part 1, Article 8 of the New Hampshire Constitution or
other law, but not a violation of RSA 91-A; or
(4) A motion to dismiss, or legal assessment
by the office, establishes that there are reasons for dismissal which are
consistent with law.
(b)
Dismissal under (a)(3) above shall not, in itself, preclude the claimant from
pursuit of a constitutional claim in a court of competent
jurisdiction.
(c) If practical in
view of the procedural posture of a case, motions to dismiss shall be heard at
the time of a prehearing conference.
Notes
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