Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 91-A:7-b · Complaint Process

Title
VI: PUBLIC OFFICERS AND EMPLOYEES
Chapter
91-A · ACCESS TO GOVERNMENTAL RECORDS AND MEETINGS
Status
current
Official source linked
Yes
Official source Copy section link

91-A:7-b Complaint Process. –

Copy link
I.

Any party aggrieved by a violation of this chapter shall have the option to either petition the superior court or file a signed, written complaint, along with a $25 fee, with the office of the ombudsman, established under RSA 91-A:7-a. The ombudsman shall have the discretion to waive the $25 fee upon a finding of inability to pay. Any signed, written complaint filed with the ombudsman shall attach, if applicable, the request served on the public agency or official and the written response of the public agency or official. The complaint shall be deemed sufficient if it states facts constituting a violation of this chapter.

Copy link
II.

Once a complaint has been filed and provided by the ombudsman to the public body or public agency, the public body or public agency shall have 20 calendar days to submit an acknowledgment of the complaint and an answer to the complaint, which shall include applicable law and, if applicable, a justification for any refusal to or delay in producing the requested governmental records, access to meetings open to the public, or otherwise comply with the provisions of this chapter. This 20-day deadline may be reasonably extended by the ombudsman for good cause.

Copy link
III.

In reviewing complaints, the ombudsman shall be authorized to:

Copy link
(a)

Compel timely delivery of governmental records within a period not less than 14 days or more than 30 days unless an expedited hearing is warranted, regardless of medium and format, and conduct a confidential in-camera review of records where the ombudsman concludes that it is necessary and appropriate under the law.

Copy link
(b)

Compel interviews with the parties.

Copy link
(c)

Order attendance at hearings within a reasonable time if the ombudsman determines that a hearing is necessary. Such hearings shall be open subject to the provisions of RSA 91-A.

Copy link
(d)

Issue findings in writing to all parties.

Copy link
(e)

Order a public body or public agency to disclose requested governmental records within a reasonable time, provide access to meetings open to the public, or otherwise comply with the provisions of this chapter, subject to appeal.

Copy link
(f)

Make any finding and order any other remedy to the same extent as provided by the court under RSA 91-A:8.

Copy link
IV.

The ombudsman may draw negative inferences from a party's failure to participate and comply with orders during the review process.

Copy link
V.

The ombudsman shall determine whether there have been any violations of this chapter and issue a ruling within 30 calendar days following the deadline for receipt of the parties' submissions. This 30-day deadline may be extended to a reasonable time frame by the ombudsman for good cause. The ombudsman may also expedite resolution of the complaint upon a showing of good cause. Rulings on expedited complaints shall be issued within 10 business days, or sooner where necessary.

Copy link
VI.

The ombudsman shall, where necessary and appropriate under the law, access governmental records in camera that a public body or public agency believes are exempt in order to make a ruling concerning whether the public body or public agency shall release the records or portions thereof to the public. The ombudsman shall maintain the confidentiality of records provided to the ombudsman by a public body or public agency under this section and shall return the records to the public body or public agency when the ombudsman's review is complete. All records submitted to the ombudsman for review shall be exempt from the public disclosure provisions of RSA 91-A during such review.

Copy link
VII.

Nothing in this section shall affect the ability of a person to seek relief in superior court under RSA 91-A:7, I in lieu of this process. Source. 2022, 250:3, eff. July 1, 2022.

Copy link

Source note

Source. 2022, 250:3, eff. July 1, 2022.

Source history

  • 2022, 250:3, eff. July 1, 2022

Related materials

Bill relationships

  • 2026 HB1034 reference

    e weapon that has been authorized, the purpose and scope of the authorization, and the time period for which the authorization applies. Such authorization shall not be subject to RSA 91-A. (c) Any law enforcement officer, when on or off duty or serving as a school resource officer. 159:19-c Prohibition of Hiring Armed Guards. All public schools shall be prohibited from employing persons whose sole p

  • 2026 HB1034-FN reference

    e weapon that has been authorized, the purpose and scope of the authorization, and the time period for which the authorization applies. Such authorization shall not be subject to RSA 91-A. (c) Any law enforcement officer, when on or off duty or serving as a school resource officer. 159:19-c Prohibition of Hiring Armed Guards. All public schools shall be prohibited from employing persons whose sole p

  • 2026 HB111 amend · effective 2022-07-01

    t shall not be acting in violation of RSA 311:7, and shall not be subject to a petition for injunctive relief pursuant to RSA 311:7-a or an investigation pursuant to RSA 311:7-b. 3 Ombudsman; Fee Awards. Amend RSA 91-A:7-b, III(f) to read as follows: (f) Make any finding and order any other remedy to the same extent as provided by the court under RSA 91-A:8, except that the ombudsman is prohibited from awarding or ordering reimb

  • 2026 HB111-FN amend

    and 6 of this act shall take effect July 1, [2025] 2027. III. The remainder of this act shall take effect July 1, 2022. 2 New Paragraph; Complaint Process; Assistance. Amend RSA 91-A:7-b by inserting after paragraph I the following new paragraph: I-a. A person who, for no compensation of any kind, assists a petitioner with the preparation of a complaint shall not be acting in violation of RSA 311:7, a

  • 2026 HB1184 reference

    eriod, the governing body shall approve the NTO by at least a majority vote taken by roll call vote at a duly noticed public meeting, or at a non-public session if permitted under RSA 91-A and requested by the individual subject to the NTO. (b) Any NTO issued or approved under this section shall include: (1) The date of issuance; (2) The specific public property to which the order applies; (3) A

  • 2026 HB1184-FN reference

    eriod, the governing body shall approve the NTO by at least a majority vote taken by roll call vote at a duly noticed public meeting, or at a non-public session if permitted under RSA 91-A and requested by the individual subject to the NTO. (b) Any NTO issued or approved under this section shall include: (1) The date of issuance; (2) The specific public property to which the order applies; (3) A

  • 2026 HB1189 reference

    . II. The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and, in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days. III. The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use

  • 2026 HB1189-FN reference

    . II. The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and, in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days. III. The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use

  • 2026 HB1197 reference · effective 2027-01-01

    estic jurisdictions, or is otherwise obtained by the commissioner in an investigation pursuant to this section shall be confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. Neither the commissioner nor any person who received documents, materials, or other inform

  • 2026 HB1197-FN reference · effective 2027-01-01

    estic jurisdictions, or is otherwise obtained by the commissioner in an investigation pursuant to this section shall be confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. Neither the commissioner nor any person who received documents, materials, or other inform

  • 2026 HB1212 reference

    ic standards presented to the commission by the New Hampshire department of education. All meetings and reports of the commission shall be available to the public as specified in RSA 91-A. (5) The commission shall determine the work schedule and organizational plan to complete the review process within the specified timeline. This may include additional work sessions with various groups of New Hampshi

  • 2026 HB1261 reference · effective 2027-01-01

    , that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a; and[.] (k) If the agency provides for a virtual or hybrid hearing consistent with RSA 91-A and RSA 541-A:11, I(d), the necessary information for accessing the [meeting] hearing electronically, and a mechanism for the public to alert the agency during the hearing if there are problems with access. II. The di