Section Ret 204.10 - Review of Recommendation by Board of Trustees(a) Within 2 board meetings after the presiding officer makes a recommendation, it shall be reviewed by the board of trustees unless the board waives this time period by affirmative vote for good cause. For purposes of this paragraph, good cause shall include the cancellation of a board meeting or any other unforeseeable circumstances beyond the control of the board.(b) Upon completion of its review of the presiding officer's recommendation the board of trustees shall: (1) Approve the recommendation in full;(2) Approve the recommendation in part by accepting the factual findings of the presiding officer and ruling on any of the legal issues raised in the adjudicative proceeding;(3) Remand the matter for further legal or factual hearing before the presiding officer or other board designee if it determines that some issues have not been fully addressed; or(4) Deny approval of the recommendation and:a. Remand the matter for further legal or factual hearing before the presiding officer; orb. Remove the matter from the jurisdiction of the presiding officer and schedule a legal or factual hearing before the board of trustees or an alternative presiding officer designated by the board.(c) A recommendation of the presiding officer that has not been approved by the board shall not be in any way binding upon it.(d) A member of the board of trustees shall not receive or initiate an ex parte communication.(e) The board of trustees shall provide all parties with a written order of notice of the board's decision.(f) The retirement system shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, 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 § Ret 204.10
#5880, eff 8-19-94; amd by #6140, eff 12-16-95
New. #7374, INTERIM, eff 10-13-00, EXPIRES: 4-11-01; ss by #7477, eff 4-10-01; ss by #7572, eff 10-10-01
Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12709, Effective 1/9/2019.