Section Int 209.16 - Decisions(a) The decision or order shall: (1) Be in writing and dated; and(2) Include findings of fact and rulings of law.(b) A disciplinary order of the board, or an order denying a petition for declaratory rulings or rulemaking, shall not be final until the date it is served upon the parties pursuant to Int 205.04,(d).(c) The board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the board sets a different retention period pursuant to rules adopted under RSA 326-I:5, VII.(d) A board member shall not participate in making a decision unless:(1) He or she personally heard the testimony in the case except as provided in (g) and (h) below: or(2) The matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluation the testimony.(e) A board member shall not participate in making a decision in a proceeding when he or she has a relationship with any party to the action that would prejudice the outcome of the decision.(f) The presiding officer shall participate in making decisions.(g) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the members of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.(h) If a proposal for decision in a matter not personally heard by all board members voting on the decision is adverse to a party to the hearing other than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.N.H. Admin. Code § Int 209.16
#10040-A, eff 12-16-11 (from Int 210.21); ss by #10359, eff 6-14-13