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

Current through Register No. 25, June 20, 2024
Section Env-WMC 205.16 - Motion for Rehearing
(a) Any party whose rights are directly and adversely affected by a decision of the council may file with the council a motion for rehearing within 20 days of the date the written decision is issued. Copies of the motion shall be served in accordance with Env-WMC 204.09. 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 the objection(s);
(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.
(c) New or additional evidence shall be permitted 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, 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 affected persons of record of the rehearing.
(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-WMC 205.16

#8031, eff 1-24-04