Section Gcd 211.08 - Decision After Hearing(a) The commission shall make a final decision on the basis of: (1) A hearing conducted by the commission; (2) A written proposal for decision meeting the requirements of paragraph (c); or(3) A hearing held pursuant to (d) (2).(b) A commission member shall not participate in the commission's decision unless he or she has 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 or presiding panel has been delegated the authority to conduct the hearing in the absence of a majority of the members of the commission, the presiding officer or panel shall submit to the commission a written proposal for decision containing: (1) The decision proposed by the presiding officer or panel;(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 other than the commission itself or to an intervenor, the commission 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 commission.(e) The commission shall keep a final decision and a decision after rehearing, if any, on file in its records for at least 5 years following the date of the final decision or the date of the decision after rehearing, 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.N.H. Admin. Code § Gcd 211.08
#7635-A, eff 1-30-02; ss by #10339, eff 5-17-13