Section Nat 212.08 - Decision After Hearing(a) The board shall make a final decision based on:(1) A hearing attended by a quorum of the board;(2) A written proposal for decision meeting the requirements of paragraph (c); or(3) A hearing held pursuant to paragraph (d)(2).(b) A board member shall not participate in the board's decision if he or she has not personally heard all of the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.(c) If a presiding officer has been delegated the authority to conduct the hearing in the absence of a quorum of the board, the presiding officer shall submit to the board a written proposal for decision containing:(1) The decision proposed by the presiding officer;(2) A statement of the reasons for the proposed decision; and(3) Findings of fact and rulings of law necessary to the proposed decision.(d) If a proposal for decision submitted pursuant to paragraph (c) is adverse to a party or an intervenor, the board shall:(1) Serve a copy of the proposal for decision on each party and intervenor; and(2) Provide an opportunity to file objections and present briefs and oral arguments to the board.(e) The board shall keep a final 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 director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40. N.H. Admin. Code § Nat 212.08
Amended by Volume XL Number 50, Filed December 10, 2020, Proposed by #13139, Effective 11/26/2020.