New Hampshire Revised Statutes 5-C:54 – Approval, Denial, or Dismissal by the State Registrar for a Delayed Certificate of Marriage
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I. The state registrar shall review each application certified by a clerk of a town or city to determine that the application meets the requirements of N.H. Rev. Stat. § 5-C:52 and the evidence submitted establishes the facts of the marriage.
II. If the application complies with the requirements of paragraph I, the state registrar shall approve the application by signing and dating it and shall file the application at the division. The registrar shall return the documentary evidence to the applicant along with a certified copy of the delayed certificate of marriage and send a copy of the documents and the delayed certificate of marriage to the clerk of the town or city.
III. When an applicant does not submit the minimum acceptable documentation required for a delayed registration, or when the state registrar has cause to question the validity or adequacy of the applicant’s sworn statement or the documentary evidence, the state registrar shall deny the application by not registering the delayed certificate. The registrar shall notify the applicant of the denial in writing and request the additional documentary evidence to prove the facts of marriage. The registrar shall advise the applicant of the reason for this action and of his or her right to appeal within 30 days to the secretary of state.
IV. If the state registrar is unable to approve an application because the documentary evidence does not comply paragraph I, the registrar shall notify the applicant and the clerk of the town or city of the denial within 10 days of receipt of the application and return the application to the clerk of the town or city.
V. If the state registrar has denied the application, a clerk of the town or city shall contact the applicant to obtain the necessary evidence to meet the requirements, except that the state registrar shall dismiss an application for a delayed certificate of marriage that has not been completed within one year from the date of application.
VI. The state registrar shall send a copy of the letter of dismissal or denial to the clerk of the town or city where the alleged marriage license was issued.
II. If the application complies with the requirements of paragraph I, the state registrar shall approve the application by signing and dating it and shall file the application at the division. The registrar shall return the documentary evidence to the applicant along with a certified copy of the delayed certificate of marriage and send a copy of the documents and the delayed certificate of marriage to the clerk of the town or city.
Terms Used In New Hampshire Revised Statutes 5-C:54
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
III. When an applicant does not submit the minimum acceptable documentation required for a delayed registration, or when the state registrar has cause to question the validity or adequacy of the applicant’s sworn statement or the documentary evidence, the state registrar shall deny the application by not registering the delayed certificate. The registrar shall notify the applicant of the denial in writing and request the additional documentary evidence to prove the facts of marriage. The registrar shall advise the applicant of the reason for this action and of his or her right to appeal within 30 days to the secretary of state.
IV. If the state registrar is unable to approve an application because the documentary evidence does not comply paragraph I, the registrar shall notify the applicant and the clerk of the town or city of the denial within 10 days of receipt of the application and return the application to the clerk of the town or city.
V. If the state registrar has denied the application, a clerk of the town or city shall contact the applicant to obtain the necessary evidence to meet the requirements, except that the state registrar shall dismiss an application for a delayed certificate of marriage that has not been completed within one year from the date of application.
VI. The state registrar shall send a copy of the letter of dismissal or denial to the clerk of the town or city where the alleged marriage license was issued.