Section Liq 206.04 - Rehearing(a) Any party to an adjudicative hearing may petition the commission for a rehearing within 30 calendar days of being notified of the commission's decision.(b) The commission shall grant a rehearing only in cases when the petitioner demonstrates that: (1) The decision rendered was contrary to statute or rule;(2) The petitioner was not allowed at the hearing to present evidence material to issues of fact or law;(3) The decision was contrary to a final and binding settlement agreement; or(4) Procedures for adjudicative hearings detailed in liquor rules were not followed and that this materially affected the decision to the detriment of the petitioner.(c) Rehearings shall be held by either the chairman, deputy commissioner, or their designee. Rehearings shall not be held by a presiding officer who rendered a decision as a result of the original hearing.(d) Rehearings shall be scheduled within 10 working days of the granting of a petition for rehearing.(e) Rehearings shall only concern those issues enumerated in the petition for rehearing.(f) The chairman, deputy commissioner, or their designee shall decide any action to be taken as a result of a rehearing within 15 working days of the rehearing, or within 15 working days of a legal opinion sought in conjunction with the rehearing.(g) The commission shall not enforce any administrative penalty prior to deciding upon any petition for rehearing, or during the rehearing process.N.H. Admin. Code § Liq 206.04
#6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06
Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12207-B, Effective 6/14/2017, Expires 6/14/2027.