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New Hampshire Gov & Administrative Law Questions & Answers
1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Municipal Law for New Hampshire on
Q: Could you clarify how NH RSA 95:1 applies to town employees, and if they are considered under “public office”?

Could you provide clarification on how NH RSA 95:1 applies to municipal employees who hold decision-making authority but may not be classified as elected officials? In a recent Select Board meeting, it was argued that this RSA only applies to “public officials,” and that employees like the Town... View More

Brian J. Stone
Brian J. Stone
answered on Oct 13, 2024

Someone like a town administrator is a public official as their authority to exercise significant discretion comes from the people who hired him/her to act on their behalf: the elected body of the Board of Selectmen. As such, their significant authority is delegated from an elected body. That would... View More

1 Answer | Asked in Gov & Administrative Law for New Hampshire on
Q: Hello I am a seasonal camper in NH and trying to find out exactly what the minimum distance apart from each other ?

Right now I have a mice infested pop up 50” from my dinette window from lord with mice feces !!!

James L. Arrasmith
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answered on May 27, 2024

In New Hampshire, the rules and regulations for campsite spacing can vary depending on the specific campground or municipal regulations. Generally, campsites should be spaced far enough apart to ensure privacy and safety for all campers. The minimum distance often recommended is at least 20 to 30... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: How much time does NH DCYF have to produce case records once requested in writing by a valid authorized person?
James L. Arrasmith
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answered on Mar 21, 2024

If you're seeking access to case records from the New Hampshire Division for Children, Youth, and Families (DCYF), it's important to know the process and time frames involved. The rules around this are set to protect the privacy and welfare of the children involved, while also providing... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New Hampshire on
Q: A Massachusetts LLC that is not registered as a foreign corp. in New Hampshire has purchased land in NH

Should the local planning board accept his application? There is a Planning Board meeting tonight an I will be raising this issue and would like to know if the local government board should be considering this application where NH Law requires that foreign corporations register with the Secretary... View More

James L. Arrasmith
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answered on Feb 27, 2024

If a Massachusetts LLC, which has not registered as a foreign corporation in New Hampshire, has purchased land in NH, the question of whether the local planning board should accept its application is nuanced. Under New Hampshire law, foreign corporations (which include LLCs formed in other states)... View More

1 Answer | Asked in Landlord - Tenant, Elder Law, Gov & Administrative Law and Real Estate Law for New Hampshire on
Q: Concerns about elder abuse, harassment, and living conditions in an over-55 community's manufactured home park.

I recently purchased a manufactured home in an over-55 community largely occupied by veterans, disabled individuals, and senior citizens living on fixed incomes. The park employees and owners have been treating residents rudely and dismissively, encouraging elderly residents aged 80–90 to leave... View More

James L. Arrasmith
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answered on Jun 14, 2025

What you’re describing is deeply troubling, and no one—especially elderly or disabled residents—should be forced to live in fear or unsafe conditions. In an over-55 manufactured home community, the management still has a legal duty to maintain basic living standards, follow notice... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for New Hampshire on
Q: What are the registration requirements for homeless s** offenders?

What are the registration requirements for homeless s** offenders in terms of their legal obligations?

James L. Arrasmith
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answered on Jun 12, 2025

Homeless sex offenders face significantly stricter registration requirements than those with permanent addresses. Under California's Penal Code 290, homeless sex offenders must check in with authorities at least once every 30 days, compared to annual registration for those with fixed... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New Hampshire on
Q: Is it illegal to take items from an unlocked store dumpster in New Hampshire?

In New Hampshire, is it illegal to take items such as wheelbarrows, metal bins, clothes, and other random items from a store's open and unlocked dumpster, which is located on the store premises without any "no trespassing" signs? The store is open to the public and there are no signs... View More

James L. Arrasmith
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answered on Jun 7, 2025

If you’re thinking about taking items from an open, unlocked store dumpster in New Hampshire, it’s understandable to wonder where the law stands on this. There’s no specific state law that outright bans “dumpster diving,” but that doesn’t automatically make it legal in every situation.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Gov & Administrative Law and Personal Injury for New Hampshire on
Q: Facing charges in NH for possession, DWI, and drug possession in a vehicle. Seeking help under Good Samaritan Law.

I'm facing charges in Londonderry, NH for possession of a controlled substance, DWI (2nd offense), and possession of drugs in a vehicle. I haven't consumed alcohol in over 15 years, and after the recent arrest, I entered treatment and have provided clean drug screens to the court. The... View More

James L. Arrasmith
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answered on May 15, 2025

The Good Samaritan Law in New Hampshire is designed to protect individuals from prosecution for certain drug-related offenses when they seek medical help for an overdose. However, it’s important to note that this law typically applies to individuals who are seeking assistance for themselves or... View More

1 Answer | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for New Hampshire on
Q: Seeking property tax refund due to unawareness of NH exemption law for the deaf.

I have been deaf since birth and recently discovered the NH law "72:38-b Exemption for Deaf or Severely Hearing Impaired Persons." I have been paying property tax for about 7 years without knowing about this exemption. My trustee contacted the town hall, but they mistakenly informed us it... View More

James L. Arrasmith
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answered on May 15, 2025

Discovering that you’ve missed out on a tax exemption because of bad information is understandably frustrating. Under New Hampshire law, **RSA 72:38-b** provides a property tax exemption for individuals who are deaf or severely hearing impaired, but many people aren’t made aware of it unless... View More

2 Answers | Asked in Criminal Law, Business Law, Gov & Administrative Law and Personal Injury for New Hampshire on
Q: Legal consequences for bartender overserving in NH leading to accident.

What legal consequences could a bartender face for overserving a customer in New Hampshire, where the customer was later involved in an accident without injuries, and the NH Liquor Commissioner is investigating? The customer was served 3 drinks within 1 hour by one bartender and 2 more drinks over... View More

Tim Akpinar
Tim Akpinar
answered on May 22, 2025

Consider reaching out to New Hampshire attorneys familiar with dram shop laws for guidance here. These laws govern liability for establishments serving alcohol to minors or patrons who are already intoxicated. A local attorney could advise on the specifics of your state's laws, and may... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Gov & Administrative Law for New Hampshire on
Q: Facing class D misdemeanor with sealed records, alleging retaliation, police harassment, ADA and civil rights violations. Need steps for dismissal and legal representation.

I'm facing a class D misdemeanor charge, and before my initial plea, a judge sealed my records. I filed multiple motions, including a motion to dismiss, and highlighted numerous federal and state violations. These include issues under 18 U.S.C. § 242, ADA Title II, and Brady v. Maryland. I... View More

James L. Arrasmith
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answered on Apr 14, 2025

To address your situation effectively, the first step is to ensure you have legal representation experienced in civil rights, police misconduct, and ADA violations. You may want to reach out to civil rights organizations or attorneys who handle cases involving police harassment and ADA issues.... View More

1 Answer | Asked in Gov & Administrative Law and Education Law for New Hampshire on
Q: Does SB 383-FN apply to Concord's autonomous school board?

In 2024, SB 383-FN was signed into law to establish procedures for cities and towns in New Hampshire to adopt a budget cap by school districts. I would like to know if this bill could be adopted in Concord, specifically for Concord's autonomous school board (SAU 8). I'm interested in... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, New Hampshire Senate Bill 383-FN (SB 383) can apply to Concord's autonomous school board, known as School Administrative Unit 8 (SAU 8), under certain conditions. SB 383, signed into law in August 2024, allows school districts to adopt a budget cap based on per-pupil costs and average... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New Hampshire on
Q: What does New Hampshire state law say about car license plate covers?

I want to know about the New Hampshire state law regarding car license plate covers. Specifically, I'm looking for the section of law that mentions whether a license plate can or cannot have a cover. I've noticed that different towns seem to have their own rules, which has led to... View More

James L. Arrasmith
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answered on Apr 12, 2025

In New Hampshire, state law regulates the use of license plate covers to ensure vehicle identification remains clear and unobstructed. According to RSA 261:176, II, applying any covering that is colored, smoked, or tinted to a license plate is prohibited. Violating this statute can result in a fine... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for New Hampshire on
Q: Litchfield NH is refusing to renew my non-resident registration for my camper that is garaged 100% in NH?

I have had a camper garaged 100% of the time in Litchfield NH for the past 10-15 years. The person now in charge of the RMV at Litchfield is refusing to renew my NH non-resident registration for no apparent reason. She has asked the Litchfield PD to investigate if the camper is located at the... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear you're facing this issue with your camper registration. It sounds frustrating, especially since you've consistently kept your camper garaged in Litchfield for many years.

First, gather all relevant documentation that proves your camper is stored in... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: is it against policy in NH to serve the same meal option EVERY DAY? bologna EVERY DAY?? Green moldy bologna??

Hello. My husband is incarcerated currently and he is served the same lunch option EVERY DAY! Bologna. Green rotten bologna that is inedible, like they are animals. I don't know much about how much the state benefits from taxes )amount wise) but i DO know what I pay in taxes and the state of... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your husband is receiving inadequate meals in incarceration, this may be a matter to bring to the attention of the appropriate authorities within the correctional facility. Each state has standards for prisoner treatment that typically include the provision of nutritious and safe meals. Moldy... View More

1 Answer | Asked in Personal Injury, Communications Law, Gov & Administrative Law and Health Care Law for New Hampshire on
Q: Hippa violation. Personal info breached. Anyone deal with hippa as a personal injury? Extreme Anxiety due to this

Medical information, and bill sent to wrong insurance company. Hospital sent a letter stating my info may have been breached.

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2023

A New Hampshire attorney could advise best, but your question remains open for two weeks. It's difficult for attorneys here to reach out to you to offer their services - the format isn't set up like an attorney referral service. If you're looking for an attorney, in addition to your... View More

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: Once bookd at the pd for arrest if the cops let me read the miranda right aloud not them to me is that possible dismis

Was arrested for refusing breathalyzer, after passing field test. While being booked at the station, the officer started to read the miranda rights and I forget why I said, do u want me to read it? I think it's because he was flopping over words and with masks I cant hear him well anyways. He... View More

Leonard D. Harden
Leonard D. Harden
answered on Nov 22, 2020

This is a commonly asked question. I have answered it in a FAQ on the internet. http://nhcriminallaw.com/frequently-asked-questions/

Here is the law a about Miranda:

What if the police don’t read me my rights?

This is one of the most commonly asked questions.... View More

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