Rules > PART Pub 205

PART Pub 205 REVIEW AND REHEARING

Pub 205.01 Review of a Decision of Hearing Officer.
Pub 205.02 Motion for Rehearing.
Pub 205.03 Appeal from Decision and Order on Rehearing.

Pub 205.01 Review of a Decision of Hearing Officer.

(a) Any party to a hearing or intervenor with an interest affected by the hearing officer's decision may file with the board a request for review of the decision of the hearing officer within 30 days of the issuance of that decision and review shall be granted. The request shall set out a clear and concise statement of the grounds for review and shall include citation to the specific statutory provision, rule, or other authority allegedly misapplied by the hearing officer or specific findings of fact allegedly unsupported by the record.

(b) The board shall review whether the hearing officer has misapplied the applicable law or rule or made findings of material fact that are unsupported by the record and the board's review shall result in approval, denial, or modification of the decision of the hearing officer. The board's review shall be made administratively based upon the hearing officer's findings of fact and decision and the filings in the case and without a hearing or a hearing de novo unless the board finds that the party requesting review has demonstrated a substantial likelihood that the hearing officer decision is based upon erroneous findings of material fact or error of law or rule and a hearing is necessary in order for the board to determine whether it shall approve, deny, or modify the hearing officer decision or a de novo hearing is necessary because the board concludes that it cannot adequately address the request for review with an order of approval, denial, or modification of the hearing officer decision. All findings of fact contained in hearing officer decisions shall be presumptively reasonable and lawful, and the board shall not consider requests for review based upon objections to hearing officer findings of fact unless such requests for review are supported by a complete transcript of the proceedings conducted by the hearing officer prepared by a duly certified stenographic reporter.

(c) Absent a request for review, the decision of the hearing officer shall become final in 30 days.

(d) The request for review of the hearing officer's decision shall precede, but shall not replace, a motion for rehearing of the board's decision pursuant to Pub 205.02 and RSA 541-A:5.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85: EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187 ,eff 1-8-00, EXPIRED: 1-8-08
New. #9145, INTERIM, eff 4-29-08, EXPIRED: 10-26-08
New. #9441-A, eff 3-27-09

Pub 205.02 Motion for Rehearing.

(a) Any party to a proceeding before the board may move for rehearing with respect to any matter determined in that proceeding or included in that decision and order within 30 days after the board has rendered its decision and order by filing a motion for rehearing under RSA 541:3. The motion for rehearing shall set out a clear and concise statement of the grounds for the motion. Any other party to the proceeding may file a response or objection to the motion for rehearing provided that within 10 days of the date the motion was filed, the board shall grant or deny a motion for rehearing, or suspend the order or decision complained of pending further consideration, in accordance with RSA 541:5.

(b) Any other person, employee organization or public employer with an interest affected by any decision and order of the board may apply for a rehearing under this section in the same manner as a party to the original proceeding.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00; ss by #8426, eff 9-1-05; ss by
#9145, INTERIM, eff 4-29-08, EXPIRED: 10-26-08
New. #9441-A, eff 3-27-09

Pub 205.03 Appeal From Decision and Order on Rehearing.

Appeals from decisions and orders of the board shall be taken to the New Hampshire Supreme Court under RSA 541:6 within 30 days after the application for rehearing is denied or, if the application is granted, within 30 days after the decision on rehearing.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9145, INTERIM, eff 4-29-08, EXPIRED: 10-26-08
New. #9441-A, eff 3-27-09