Current through Register No. 50, December 12, 2024
Section He-C 203.22 - Decisions(a) A decision shall be made only after full consideration of the record, except that a decision may be made on a motion to dismiss based upon the documents and affidavits submitted with such motion and any objection thereto.(b) A decision shall be issued in writing or stated in the record in accordance with RSA 541-A:35.(c) A decision shall be effective upon issuance unless otherwise specified in the decision or required by law.(d) If the commissioner has decided in accordance with He-C 201.05(b) not to delegate final decision-making authority to the presiding officer, the presiding officer shall submit a written proposed decision to the commissioner containing the following: (1) The subject of the hearing, including identification of the relevant statute(s) and rule(s);(2) The names and addresses of all parties to the proceeding;(3) The names and addresses of all persons who testified at the hearing either orally or in writing and a summary of each witness's testimony;(4) The items listed in RSA 126-A:5, VIII (d); and(5) Recommended rulings on motions to dismiss.(e) Following receipt of the proposed decision under (d) above, the commissioner shall proceed in accordance with RSA 126-A:5, VIII (e), and: (1) Within 10 days, provide the appellant and the department representative involved in the appeal with a copy of the proposed decision and a notice which: a. Offers the appellant an opportunity to present a brief and oral argument, provided the request to do so is made within 10 days of the date of the notice;b. Specifies that if such a request is made, the brief shall be submitted within 30 days of the date of the notice;c. Specifies that any brief submitted shall be limited to a length of 5 pages on 8 1/2 by 11 inch paper, with a copy sent to the department representative involved in the appeal; andd. Specifies that any oral argument shall be limited to no more than 30 minutes; and(2) Offer the department representative involved in the appeal: a. An opportunity to file a responsive brief, limited to a length of 5 pages on 8 1/2 by 11 inch paper, within 10 days of the date the appellant's brief is submitted, with a copy to the appellant; andb. An opportunity to present oral argument in response to the appellant's oral argument, which shall be limited to no more than 30 minutes.(f) The commissioner shall issue a final decision in accordance with RSA 126-A:5, VIII (f) .(g) Written decisions issued under this section shall be retained for the period specified in RSA 5:38.N.H. Admin. Code § He-C 203.22