N.H. Admin. Code § Hcp 207.14

Current through Register No. 50, December 12, 2024
Section Hcp 207.14 - Decisions and Orders
(a) The board shall issue a decision and order based on:
(1) A hearing attended by a quorum of the board; or
(2) A written proposed consent decree.
(b) The decision and order shall be in writing and dated.
(c) A board member shall not participate in rendering a decision if he or she has not personally heard all of the testimony in the case, unless the disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating all testimony and other evidence.
(d) If the presiding officer has been delegated the authority to draft a proposed decision and order, the presiding officer shall submit to the board a written proposed decision and order containing:
(1) The disposition proposed by the presiding officer;
(2) A statement of the reasons for the proposed disposition;
(3) Findings of fact and rulings of law necessary to the proposed disposition; and
(4) Any order necessary to effectuate the disposition.
(e) If a proposed disposition submitted pursuant to paragraph (d) is adverse to any party, the board shall:
(1) Serve a copy of it on each party; and
(2) Provide an opportunity to file objections and present briefs and oral arguments to the board.
(f) The board shall keep a final decision in its records for at least 5 years following their dates of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

N.H. Admin. Code § Hcp 207.14

#9337, eff 12-3-08