N.H. Admin. Code § Cla 215.01

Current through Register No. 50, December 12, 2024
Section Cla 215.01 - Rehearing
(a) Within 30 days of a decision or order any party or person directly affected may request rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion:
(1) Identifying each error of fact, error of reasoning, or error of law that the moving party wishes to have reconsidered;
(2) Describing how each error causes the board's decision to be:
a.Unlawful, unjust or unreasonable;
b.Illegal in respect to jurisdiction, authority or observance of the law;
c.An abuse of discretion; or
d.Arbitrary, unreasonable or capricious;
(3) Stating concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and
(4) Accompanied by any argument or memorandum of law the moving party wishes to file.
(b) The party or person directly affected seeking rehearing shall mail a copy of the motion for rehearing to all parties and intervenors.
(c) Any objections to a motion for rehearing shall be submitted within 10 days of the date of receipt of the motion for rehearing.
(d) No order of payment shall be issued prior to the expiration of the 30 day time period provided for filing a motion for rehearing.
(e) Within 10 days of the submission of a motion for rehearing, the board shall suspend the decision or order complained of pending the denial of the motion for rehearing, completion of the rehearing or final resolution of any appeal.
(f) Within 10 days of submission of the motion for rehearing, the board, if it has received either an objection or a notice of no objection, shall employ the standards in (h) below to either grant or deny the motion for rehearing.
(g) If the board has not yet granted or denied the motion for rehearing when the time specified in (c) above for submitting an objection has expired, the board shall employ the standards in (h) below to do so.
(h) The board shall grant the motion for rehearing if it determines that, in the original hearing, it:
(1) Incorrectly assessed the relevant evidence;
(2) Incorrectly applied the relevant law; or
(3) Failed substantially to comply with this chapter.

N.H. Admin. Code § Cla 215.01

#8509, eff 12-09-05