Section Ins 1406.16 - Hearings and Review(a) Any person aggrieved with respect to the operation of the facility may petition the board for review on any alleged failure to comply with the plan of operation or any alleged improper act or ruling in the administration of the facility pursuant to Ins 1406.07(i). The request for review shall be made within 30 days after the date of the alleged violation or improper act or ruling. The review shall be held within 30 days after receipt of the request. The review shall be held by a panel, appointed by the chair, consisting of 3 board members entitled to vote. The decision of a majority of the panel shall be deemed to be the decision of the board unless the full board on its own motion shall modify or rescind the panel's action.(b) Any board decision may be appealed to the commissioner by filing notice of appeal with the facility and commissioner within 30 days after the date of the decision's issuance. The commissioner shall conduct a hearing under RSA 400-A:17-23.(c) Any aggrieved member may request a public hearing and ruling by the commissioner on the provisions of the plan of operation. The request for a hearing shall specify the matters to be considered. The hearing shall be held within 30 days after receipt of the request. The commissioner shall give public notice of the hearing and the matters to be considered not less than 10 days in advance of the hearing date.(d) In the case of any review held by the board pursuant to this section, the board shall issue a decision within 30 days after the review. In the case of any hearing held by the commissioner pursuant to this section, the commissioner shall issue a ruling or order within 90 days after the close of the hearing.(e) Orders of the commissioner on hearings under this rule shall be subject to judicial review as provided in RSA 400-A:24.N.H. Admin. Code § Ins 1406.16
(See Revision Note #1 at chapter heading for Ins 1400)
Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by # 13162, Effective 1/25/2021, Expires 1/25/2031.Amended by Number 6, Filed February 9, 2023, Proposed by #13534, Effective 1/24/2023, Expires 1/24/2033.