Section Ec-Air 203.18 - Rehearing(a) A motion for rehearing shall conform to the requirements of RSA 541 and Ec-Air 203.09.(b) Within 10 days of the receipt of a motion for rehearing, the presiding officer shall: (1) Deny the motion if he or she concludes that:a. The motion was not timely filed; orb. The motion does not identify any error of fact, reasoning, or law that could change the outcome of the appeal;(2) Suspend the council's decision and schedule the motion for consideration by the council at the council's next scheduled meeting if he or she concludes that ruling on the motion requires consultation with counsel; or(3) Grant the motion, schedule a rehearing, and suspend the council's decision pending the outcome of the rehearing.(c) The presiding officer shall, consistent with Ec-Air 203.06, provide notice to the parties of any action taken pursuant to paragraph (b) above.(d) The scope of a rehearing shall be limited to the issues upon which the motion for rehearing was granted.(e) After a rehearing, the council shall issue a written decision, consistent with Ec-Air 203.17, either affirming, reversing, or modifying its initial decision and stating the reasons therefor.N.H. Admin. Code § Ec-Air 203.18
Derived from Number 23, Filed June 8, 2023, Proposed by #13642, Effective 5/23/2023 (See Revision Note at chapter heading for Ec-Air 200).