Section He-Hea 210.01 - Motions for Reconsideration or Rehearing(a) Final adjudicative orders of the board, orders determining that a project is subject to CON review, and orders denying petitions for declaratory rulings or rulemaking shall take effect on the date they are served upon the parties pursuant to He-Hea 208.06(b).(b) Motions for reconsideration or rehearing of any decision of the board shall be filed in accordance with RSA 151-C:9, III and/or IV.(c) The board shall make no distinction between the terms "reconsideration" and "rehearing".(d) A motion for reconsideration shall: (1) Include any memorandum of law the moving party wishes to submit;(2) Identify each error of fact, error of reasoning, or erroneous conclusion contained in the final order which the moving party wishes reconsidered;(3) Concisely state the correct factual finding, correct reasoning, and correct conclusion urged by the moving party; and(4) Conform to the He-Hea 206 and He-Hea 207 of these rules.(e) Other parties to the adjudicative proceeding may file a reply or objection to a motion for reconsideration pursuant to He-Hea 207.02.(f) The board shall make a decision regarding a motion for rehearing with or without an oral hearing of the motion. The board shall grant a motion for rehearing in whole or in part, deny a motion for rehearing in whole or in part, or order an evidentiary hearing with respect to the motion or any portion thereof.(g) The board shall grant or deny the motion, or any part thereof, on its merits to the extent the motion has revealed errors of law or fact in the board's prior decision. The board shall also treat the motion as one for reopening and order the receipt of such additional data or additional argument as it considers necessary to evaluate any newly discovered evidence or to cure any alleged errors.(h) If the board grants a rehearing, then all parties to the original proceeding shall be parties to the rehearing. The rehearing shall be conducted in accordance with He-Hea 204 through He-Hea 208.N.H. Admin. Code § He-Hea 210.01
#7139, eff 11-23-99, EXPIRED: 11-23-07
New. #9075-A, eff 1-24-08