Section Auc 203.21 - Motion for Rehearing(a) The rules in this section are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of an agency prior to appealing the decision.(b) The rules in this section shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.(c) A motion for rehearing shall be filed within 30 days of the date of an agency decision or order.(d) A motion for rehearing shall: (1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;(2) Describe how each error causes the board's decision to be unlawful, unjust, or unreasonable, or illegal in respect to jurisdiction, authority, or observance of the law, an abuse of discretion or arbitrary, unreasonable, or capricious;(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.(e) A motion for rehearing shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.(f) The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 30 days of the filing of the motion for rehearing.N.H. Admin. Code § Auc 203.21
Derived From Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12201-A, Effective 6/7/2017.