Section 5-C:40 State Registrar Approval, Denial, or Dismissal of Delayed Certificate of Birth.
I. The state registrar shall review each application for a delayed certificate of birth received from a clerk of a town or city to determine that: the application meets the requirements of RSA 5-C:38; no prior birth record is on file at the division for the person whose birth is to be recorded; the evidence submitted establishes the facts of birth; and the list of the evidence appearing on the delayed certificate of birth accurately reflects the nature and content of the documents.
II. If the application complies with the requirements of paragraph I, the state registrar shall approve the application by signing and dating it; file the application at the division; and, return the documentary evidence to the applicant along with a certified copy of the delayed certificate of birth.
III. If the state registrar is unable to approve an application because the documentary evidence is insufficient, he or she 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.
IV. If the state registrar has denied the application, the clerk of the town or city shall contact the applicant to obtain the necessary evidence to meet the requirements. However, applications for delayed certificates that have not been completed within one year from the date of application shall be dismissed.
V. Upon dismissal or denial of an application, the state registrar shall advise the applicant in writing of the reasons for the action and the applicant's right to a hearing. The state registrar shall return all documents submitted in support of such registration to the applicant and send a copy of this letter to the clerk of the town or city.
Source. 2005, 268:1, eff. Jan. 1, 2006.