Current through Register No. 52, December 26, 2024
Section Emab 202.11 - Action on Request for Reconsideration; Rehearing; Exhaustion of Administrative Remedies(a) The board shall, within 30 calendar days rule on a motion for reconsideration or order a new hearing. Reconsideration shall be granted only in those instances where the board believes it may have erred in its application of the criteria in RSA 282-A:65 to the record. Rehearing shall be granted only in those instances where the board believes that further clarification of the law or further argument from one or more of the parties is needed to make a correct ruling.(b) If the board does not deny or grant a motion for reconsideration or order a new hearing within 30 calendar days then, the board's original decision shall be considered adopted and the request for reconsideration or motion for a new hearing shall be deemed denied. The board shall provide all parties with written notice that the board's original decision has been considered adopted and the request for reconsideration or motion for a new hearing is deemed denied.(c) In the event an interested party or the commissioner files an appeal with the New Hampshire Supreme Court, the department shall send a copy of the appeal to the board.N.H. Admin. Code § Emab 202.11