N.H. Admin. Code § Mvi 208.13

Current through Register No. 50, December 12, 2024
Section Mvi 208.13 - Reopening
(a) Whenever the board is satisfied that good cause exists to explain why a person failed to appear at a hearing at which a default judgment was rendered, the board shall strike the default judgment and reopen the case for a determination on the merits.
(b) Good cause shall include, but not be limited to:
(1) Serious illness;
(2) Hospitalization;
(3) Incarceration;
(4) Death of a family member; or
(5) Any other unforeseeable circumstance beyond the party's control, that requires the party's absence from the scheduled hearing.
(c) A case which has been decided other than by default shall be reopened whenever:
(1) A party alleges the existence of newly-discovered evidence which due diligence would not have discovered prior to hearing; or
(2) A party alleges any material error, omission, misconstruction of applicable statutes or rules or misrepresentation of applicable precedents.

N.H. Admin. Code § Mvi 208.13

#6980, eff 4-21-99, EXPIRED: 4-21-07

New. #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07