Section Adm 211.09 - Commissioner's Review(a) If a request for rehearing is filed within 30 days of the date of the presiding officer's decision, the commissioner shall, within 10 days of the receipt of the request, grant rehearing, as further specified in paragraphs (c) through (e) below, if it appears from the record that:(1) The decision was unlawful or unreasonable; and(2) Receipt of additional information, argument or analysis is necessary to reach a decision that is lawful and reasonable.(b) Whether or not a request for rehearing is filed within 30 days of the date of the presiding officer's decision, the commissioner shall, within 40 days of the date of the decision either:(1) Reverse, modify or amend the decision without rehearing if he or she concludes that the record establishes that:a. The presiding officer incorrectly assessed the evidence, misapplied the relevant law, or otherwise issued a decision that was unlawful or unreasonable; andb. Reversal, modification or amendment of the decision in a specific manner without receiving additional information or argument would correct the error;(2) Order rehearing before the commissioner if he or she concludes:a. That either: 1. Additional information, argument or analysis is necessary to reach a lawful and reasonable determination of the matter; or2. The record fails to provide a reasonable basis for evaluating the evidence; andb. The information, argument or analysis required would most efficiently be obtained by rehearing before the commissioner;(3) Order rehearing before a presiding officer other than the commissioner, if the commissioner concludes:a. That either: 1. Additional information, argument or analysis is necessary to reach a lawful and reasonable determination of the matter; or2. The record fails to provide a reasonable basis for evaluating the evidence; andb. The information, argument or analysis required would most efficiently be obtained by rehearing before a presiding officer other than the commissioner; or(c) A rehearing that is granted under paragraph (a) above shall be:(1) Held before the commissioner him or herself if the commissioner concludes that the information, argument or analysis required would most efficiently be obtained by rehearing before the commissioner; or(2) Held before a presiding officer other than the commissioner if the commissioner concludes that the information, argument or analysis required would most efficiently be obtained by rehearing before a presiding officer other than the commissioner.(d) If a rehearing is granted by the commissioner, the commissioner shall state in the order granting rehearing whether the rehearing will be held before the commissioner or before another presiding officer.(e) The commissioner shall provide a copy of his or her decisions on requests for rehearings, decisions affirming, reversing, modifying or amending a decision, or ordering rehearing, to the parties, intervenors and the presiding officer by either U.S. first class mail, certified mail, registered mail or personal delivery.(f) If no request for rehearing has been filed within 30 days of the date of the presiding officer's decision and no further action has been taken by the commissioner within 40 days of the date of the that decision, the decision shall be deemed affirmed by the commissioner and shall constitute the final determination of the department.N.H. Admin. Code § Adm 211.09