N.H. Admin. Code § Plc 206.31

Current through Register No. 50, December 12, 2024

Section Plc 206.31 - Request or Petition for Rehearing; Answers

(a) For purposes of this section, "petition for rehearing" shall include a request for rehearing after denial of an application for licensure.

(b) A petition for rehearing shall be filed within 30 calendar days after service of a final order in a disciplinary or non-disciplinary remedial proceeding or of the final decision to deny an application for licensure.

(c) To petition for rehearing, the respondent shall:

(1) Use the "Universal Petition for Rehearing" dated December 2023; or

(2) Provide the information required by (d), below, in another legible format.

(d) The petition shall:

(1) Clearly identify:

a. The respondent, by name and license number, and the docket number of the matter for which the petition is being filed, for rehearing in a disciplinary or non-disciplinary remedial proceeding; or

b. The applicant, by name as shown on the application, together with the profession for which the application was filed and the date of the denial of the application, for rehearing of a denial of licensure;

(2) Clearly state whether the petitioner is seeking to have the decision reversed or modified and, if modified, the specific modification(s) sought;

(3) Clearly identify the specific findings of fact or conclusions of law, or both, that the petitioner asserts are erroneous;

(4) Contain such argument in support of the petition as the petitioner desires to present, including an explanation of how substantial justice would be done by granting the relief requested; and

(5) For a petition for rehearing in a disciplinary or non-disciplinary remedial proceeding, be served by the petitioner on all other participants in accordance with Plc 206.11.

(e) The petitioner or petitioner's representative shall sign the petition.

(f) The signature provided pursuant to (e), above, shall constitute attestation that:

(1) The signer has read the petition for rehearing;

(2) The signer is authorized to file the petition for rehearing;

(3) To the best of the signer's knowledge, information, and belief, there are good grounds to support the petition for rehearing; and

(4) The petition for rehearing has not been filed solely or primarily for purposes of delay or harassment in any pending or contemplated administrative, civil, or criminal proceeding.

(g) No answer to a petition for rehearing shall be required, but any answer or objection filed shall be delivered to the presiding officer within 5 working days following receipt of service of the petition for rehearing.

N.H. Admin. Code § Plc 206.31

Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.

Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (formerly Plc 206.29(a)-(c)) (See Revision Note #2 at chapter heading for Plc 200).