Section Pda 514.09 - Authority Action on Appeal(a) Within 10 business days of receipt of a recommendation from a board designate, the authority shall notify the appellant in writing: (1) That the authority will be reviewing the board designate's recommendation regarding the appeal;(2) Of the date, time, and location of the regularly scheduled board meeting at which the review is scheduled, provided that the meeting shall not be sooner than 20 calendar days from the receipt of the board designate's recommendation under Pda 514.08(e);(3) That he or she may bring counsel or a personal representative to the meeting; and(4) That the meeting with the board will be recorded.(b) At the board meeting when the appeal is scheduled, the authority shall consider: (1) All information on file with the division concerning the matter;(2) All information submitted to the authority or board designate under Pda 514.07 and Pda 514.08;(3) Any additional written information not previously submitted under Pda 514.07 or Pda 514.08, provided the chair of the authority finds good cause for appellant's failure to comply with Pda 514.07 or Pda 514.08 and that late submission was not intended to delay the appeal or the meeting with the authority. For purposes of this paragraph, "good cause" means that the appellant did not discover or learn of the information in time to submit such information in accordance with Pda 514.07 or Pda 514.08 above and could not have discovered or learned of such information with reasonable diligence to comply with Pda 514.07 or Pda 514.08;(4) Any oral statement or argument made by the appellant or his representative or division staff; and(5) The recommendation of the board designate.(c) The following shall apply at the board meeting: (1) The appellant may bring counsel or a personal representative;(2) The authority shall exclude any additional written information, testimony or argument that was not submitted in accordance with Pda 514.07 and Pda 514.08 unless the chair of the authority finds good cause for appellant's failure to comply with Pda 514.07 and Pda 514.08 and that late submission was not intended to delay the appeal. For purposes of this paragraph, "good cause" means that the appellant did not discover, learn of, or formulate the information, testimony, or argument in time to submit such information, testimony, or argument in accordance with Pda 514.07 or Pda 514.08 above and could not have discovered, learned of, or formulated such information, testimony, or argument with reasonable diligence to comply with Pda 514.07 or Pda 514.08; and(3) Any oral information, testimony or argument may be received, but the chair or other presiding officer in the chair's absence shall exclude irrelevant, immaterial, or unduly repetitious information, testimony or argument, including without limitation, information, testimony or argument included in or with the division's file regarding the appellant or the written recommendation of the board designate.N.H. Admin. Code § Pda 514.09
#9641, eff 2-1-10; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500)
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12958, Effective 12/24/2019, Expires 12/24/2029.