N.H. Admin. Code § Fis 213.04

Current through Register No. 50, December 12, 2024

Section Fis 213.04 - Standard for Granting Motion for Rehearing

(a) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the department's decision is unlawful, unjust or unreasonable.

(b) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the department's decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion or arbitrary, unreasonable or capricious.

#7382, eff 10-25-00, EXPIRED: 10-25-08

New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09

New. #9636-A, eff 1-12-10