N.H. Admin. Code § Mtec 205.23

Current through Register No. 50, December 12, 2024

Section Mtec 205.23 - Decisions

(a) If the disposition of the matter depends upon the credibility of any witness, no board member shall participate in the deliberation of the decision unless he or she personally was in attendance for all of the witness's testimony in the case, in order to effectively assess the issue of credibility.

(b) If the record provides a reasonable basis for evaluating the testimony of all witnesses in the matter, a board member may participate in the deliberation of the decision even if not personally present to hear the testimony of the witness.

(c) When the board has directed a hearings officer to receive evidence and enter a proposed decision:

(1) There shall be no communications between the hearings officer and the board members concerning the merits of the case;

(2) The board members shall not participate in the questioning of witnesses at the hearing;

(3) Following the close of the hearing, the proposed decision of the hearings officer shall be served upon the parties and the board; and

(4) Following the receipt of the proposed decision of the hearings officer, all written pleadings, and the receipt of any oral argument, the board shall deliberate to a decision.

(5) The board decision shall:

a. Adopt the proposed decision without change;

b. Modify the proposed decision by majority vote; or

c. If a majority of the board finds the proposed decision to be unlawful or unreasonable, refuse to approve or modify the proposed decision, and determine what additional proceedings are required to reach a final decision.

(d) The parties may file exceptions and supporting memoranda of law for review by the board within 30 days from the date the proposed decision was served.

(e) Each party may file one additional written reply pleading within 15 days following service of the original exception or memoranda.

(f) If a party wishes to present oral argument to the board regarding the proposed decision, the party shall file a separate motion for oral argument within the time allowed for filing exceptions or replies to exceptions.

(g) The board shall keep a final decision in its records for at least 5 years following its dates of issuance.

(h) Orders of the board shall take effect on the date they are served upon the parties.

N.H. Admin. Code § Mtec 205.23

Derived From Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11091-A, Effective 5/5/2016.