Section Emp 204.04 - Reconsideration(a) Within 14 calendar days after the mailing of the decision on the petition for approval of fees, either party, except a party who failed to object to the original petition, may file a written request for reconsideration, stating specifically the reasons therefor. A decision shall be presumed mailed on the date of the decision. A request shall be presumed filed when received by the department in any of its offices. The deadline for filing shall be extended to the next business day if the filing deadline falls on a federal or state-recognized holiday or on a weekend.(b) Any party seeking reconsideration may also file a written request for a hearing, stating specifically why a hearing is necessary, what evidence would be submitted, and why written statements or offers of proof are inadequate.(c) Either party may, within 14 calendar days of the date of filing, file an objection to any request for reconsideration or hearing.(d) A copy of any requests or objections filed shall be sent to the other party. All requests and objections shall contain a statement of compliance herewith.(e) Upon receipt of an objection, or following expiration of the 14-day period for objecting, the commissioner or the commissioner's designee shall: (1) Schedule a hearing upon such issues or questions of fact as are needed to render a determination on whether the decision is affected by fraud, mistake of law, mistake of fact, or newly discovered evidence;(2) Reconsider the original decision based upon the written reconsideration request and any objection thereto if such indicate the decision is affected by fraud, mistake of law, mistake of fact, or newly discovered evidence; or(3) Deny the request for reconsideration.N.H. Admin. Code § Emp 204.04
#5137, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff 9-22-14
Amended byVolume XXXIV Number 41, Filed October 9, 2014, Proposed by #10673, Effective 9/22/2014, Expires 9/22/2024.