N.H. Code Admin. R. Env-WC 204.16

Current through Register No. 25, June 20, 2024
Section Env-WC 204.16 - Motion for Rehearing
(a) Any participant whose rights are directly and adversely affected by a decision of the council may file with the council a motion for rehearing within the time period established in RSA 541:3. Copies of the motion shall be served in accordance with Env-WC 203.08.
(b) A motion for rehearing shall set forth in detail the following:
(1) The basis of the moving participant's aggrievement;
(2) The finding(s), conclusion(s), or condition(s) to which the moving participant objects;
(3) The basis for the objection(s);
(4) Whether the moving participant 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.
(c) The council shall, at its first scheduled meeting following the receipt of such a motion, order a hearing or dismiss the motion. 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 all participants of the rehearing.
(d) If a rehearing is granted, the moving participant may offer new or additional evidence 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.
(e) A council decision shall become final if no motion for rehearing is filed within the period specified in (a), above.

N.H. Code Admin. R. Env-WC 204.16

#8977-A, eff 9-14-07 (from Env-WC 203.29 )