N.H. Admin. Code § Tra 202.26

Current through Register No. 50, December 12, 2024
Section Tra 202.26 - Reconsideration and Rehearing
(a) A motion for reconsideration and rehearing shall be filed within 30 days of the date of the decision or order.
(b) A motion for reconsideration and rehearing shall:
(1) Identify each error of fact, error of reasoning, or error of law that the moving party wishes to have reconsidered;
(2) Describe how each error causes the department's decision to be:
a. Unjust or unreasonable;
b. Unlawful in respect to jurisdiction, authority or observance of the law; or
c. An unsustainable exercise of discretion.
(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) A motion for reconsideration and rehearing shall be granted if it demonstrates that the department's decision is unlawful, unjust or an unsustainable exercise of discretion.
(d) The filing of a timely motion for reconsideration shall suspend the running of the period for appeal in accordance with RSA 21-L or RSA 541, but shall not suspend the application of the decision and order unless:
(1) Requested by the moving party; and
(2) The presiding officer determines that a suspension of the decision and order will not cause irreparable harm to the interests of the remaining parties.
(e) If reconsideration is granted, the presiding officer shall enter a written order, which shall stay implementation of the decision, and reopen the proceeding for the consideration of such additional evidence as the parties elect to present.

N.H. Admin. Code § Tra 202.26

#7927-A, eff 7-26-03