Section Hab 201.22 - Filing with Board and Superior Court(a) Where the applicable statute authorizes an appeal to the board or the superior court, taking an appeal to one tribunal shall be a waiver of the right to appeal to the other tribunal in accordance with RSA 679:7, I.(b) If a party has appealed to both the board and superior court, the board shall:(1) Order the applicant to inform the board when the superior court appeal was taken;(2) Either: a. Dismiss the board appeal if the applicant first appealed to the superior court; orb. Retain jurisdiction of the board appeal if the applicant first appealed to the board and notify the superior court of the applicant's dual appeal; and(3) Take such other actions it deems appropriate to preserve the applicant's right to appeal to one tribunal, such as transferring an appeal to the superior court or accepting an appeal from the superior court, in conformance with RSA 679:7, I and II.N.H. Admin. Code § Hab 201.22
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13226, Effective 7/7/2021