N.H. Admin. Code § Pol 208.03

Current through Register No. 45, November 7, 2024

Section Pol 208.03 - Stay of Council Orders

The following shall apply to stay of council orders:

(a) A stay of order action shall be specifically requested. The mere filing of a motion for reconsideration shall not operate as a stay of any order, but a motion for stay may be combined with a motion for reconsideration.

(b) A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified in Pol 208.01(a).

(c) A motion for stay shall be granted when the council determines that the arguments presented in the motion exhibit good cause.

(d) Examples of good cause shall include, but not be limited to:

(1) Claims of inadequate legal representation at the initial hearing;

(2) Manifest injustice; or

(3) Irreparable financial harm.

(e) The council, acting on its own motion, shall vote to stay the effect of any council order within the time period specified in subparagraph (b), above, with or without issuing a corresponding order to reconsider or reopen the proceeding.

N.H. Admin. Code § Pol 208.03

#5836, eff 6-15-94; ss by #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08