N.H. Code Admin. R. Env-AC 205.16

Current through Register No. 25, June 20, 2024
Section Env-AC 205.16 - Motion for Reconsideration or Rehearing
(a) Any party whose rights are directly and adversely affected by a decision of the council may file a motion for rehearing with the council within 20 days of the date the written decision is issued. No distinction shall be made between the terms "reconsideration" and "rehearing."
(b) A motion for rehearing shall set forth in detail the following:
(1) The basis of the moving party's aggrievement;
(2) The finding(s), conclusion(s), or condition(s) to which the moving party objects;
(3) The basis for each objection;
(4) Whether the moving party seeks to present new or additional evidence, and if so, the nature of such evidence to be offered; and
(5) The nature of the relief requested, such as whether the moving party is seeking a full rehearing, clarification of a finding or ruling, or some other relief.
(c) New or additional evidence shall be accepted when offered to:
(1) Cure any deficiencies in the original notice of appeal or testimony;
(2) Correct errors of form in the decision;
(3) Request reconsideration of the conditions of the approval or of the denial; or
(4) Challenge any facts of which official notice was taken.
(d) The council shall, at its first scheduled meeting following the receipt of such a motion, grant or deny the motion, or any part thereof, on its merits, or treat the motion as one for reopening and grant it pending the receipt of such additional data or additional argument as it considers necessary. Any hearing held under this section shall be limited to the issues raised in the motion for rehearing. The council shall provide reasonable notice to the parties of any rehearing that is ordered.
(e) A council decision shall become final if no motion for reconsideration is filed within the period specified in (a), above.

N.H. Code Admin. R. Env-AC 205.16

#8267-A, eff 1-25-05