Section Saf-C 203.23 - Re-Opening of Cases(a) Whenever a hearings examiner is satisfied that good cause exists to explain why a person failed to appear at an administrative hearing at which a default decision was rendered, the hearings examiner shall strike the default judgment and reopen the case for determination on the merits.(b) Good cause shall shall be as specified in Saf-C 203.22(b).(c) A case that has been decided other than by default shall be reopened whenever: (1) A party alleges the existence of newly-discovered evidence which due diligence would not have discovered prior to hearing; or(2) A party alleges any material error, omission, misconstruction of applicable statutes or rules or misrepresentations of applicable precedents.(d) An application to reopen a case shall be in the format of a written request when submitted pursuant to (c) above. It shall outline the newly discovered evidence or an allegation and specific references of material error, omission or misconstrued statutes or rules, or misrepresentation of applicable precedents.(e) In the case of a default judgment, a request pursuant to (a) above, shall be submitted to and received by the department no later than 15 working days from the date of the default or from the date of the condition that prevented the appearance and notification no longer existed, whichever occurs first. Requests received subsequent to the time requirement shall be denied as untimely. An application to reopen shall not suspend the applicable appeal period prescribed by statute.(f) An application to reopen a case, when submitted pursuant to (a) above, shall outline the good cause, pursuant to (b) above, that existed which precluded the person from appearing at the administrative hearing.(g) An application to reopen cases shall be denied if it is determined that such application: (1) Is made solely to obtain a delay in the disposition of the case; or(2) Is not in compliance with this section.N.H. Admin. Code § Saf-C 203.23
#6337, eff 9-25-96 (from Saf-C 202.24); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.22)