N.H. Code Admin. R. Hum 210.03

Current through Register No. 24, June 13, 2024

Section Hum 210.03 - Reconsideration of Determination of Probable Cause or of No Probable Cause

(a) Any party seeking a reconsideration of a determination of probable cause or of no probable cause shall:

(1) File a motion within 30 days of the date on the letter notifying the party of the determination, including:

a.A request for reconsideration;

b.The grounds for the request;

c.A statement of compliance with (2) and (3) below; and

d.Any memorandum the party wishes to submit;

(2) Forward the motion to all other parties; and

(3) Seek concurrence from all other parties.

(b) All other parties shall have the right to object to the motion within 10 days of its receipt.

(c) The motion shall be submitted to the investigating commissioner, unless it states as reason for the reconsideration that the investigating commissioner or commission staff had a bias or conflict of interest which:

(1) Might have prevented a fair and unbiased decision; and

(2) Resulted in actual harm.

(d) In the absence of the special circumstances described in (c) above, the investigating commissioner shall grant the motion within 30 days if:

(1) There exists new and material evidence of which the proponent of the motion was unaware and which the proponent could not with due diligence have uncovered; or

(2) The determination was based on mistake of fact or law.

(e) Under the special circumstances described in (c) above:

(1) The motion shall be submitted to the commission chair; and

(2) The commission chair shall:

a.Determine whether the alleged bias or conflict of interest exits; and

b.If it exists, appoint a new investigating commissioner to make a new determination of probable cause or no probable cause.

N.H. Code Admin. R. Hum 210.03

(See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07