Section 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.N.H. Admin. Code § Rko 209.03
Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.