Section Pes 202.25 - Motion for Rehearing(a) Parties and intervenors may file with the board a motion for rehearing within 30 days of the date of the decision issued by the board pursuant to Pes 202.24.(b) A motion for rehearing shall: (1) Identify each error of fact, error of reasoning or error of law which the moving party wishes to have reconsidered;(2) Describe how each error causes the board's decision to be unlawful or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary unreasonable or capricious;(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and(4) Include any argument or memorandum of law the moving party wishes to file.(c) The burden of proof shall be on the moving party to show by preponderance of the evidence that the board's decision was unlawful or unreasonable.(d) A motion for rehearing on an appeal shall be granted if it demonstrates that the board's decision is unlawful or unreasonable.(e) The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.N.H. Admin. Code § Pes 202.25
#8058, eff 5-30-04; ss by #10198-A, eff 10-3-12