Current through Register No. 2, January 9, 2025
Section Abfd 212.08 - Decision After Hearing(a) The committee shall make a final decision based on:(1) A hearing conducted by the committee;(2) A written proposal for decision meeting the requirements of paragraph (c); or(3) A hearing held pursuant to paragraph (d)(2).(b) A committee member shall not participate in the committee's decision if he or she has not personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.(c) If a presiding officer has been delegated the authority to conduct the hearing in the absence of a majority of the members of the committee, the presiding officer shall submit to the committee a written proposal for decision containing:(1) The decision proposed by the presiding officer;(2) A statement of the reasons for the proposed decision; and(3) Findings of fact and rulings of law necessary to the proposed decision.(d) If a proposal for decision submitted pursuant to paragraph (c) is adverse to a party or an intervenor, the committee shall:(1) Serve a copy of the proposal for decision on each party to the proceeding and on each intervenor; and(2) Provide an opportunity to file objections and present briefs and oral arguments to the committee.(e) The committee shall keep a final decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.(f) The committee shall entertain no requests for rehearing.N.H. Admin. Code § Abfd 212.08