N.H. Admin. Code § Plc 206.32

Current through Register No. 50, December 12, 2024

Section Plc 206.32 - Action on Petition for Rehearing

(a) In a disciplinary or non-disciplinary remedial proceeding, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that:

(1) The law was applied incorrectly;

(2) The facts on which the decision is based are not supported by the record; or

(3) Another compelling reason exists to reconsider the matter, including but not limited to new material evidence becoming available or material evidence that was offered was improperly excluded.

(b) In a rehearing of a licensure denial, the board shall reconsider the decision if the petition for rehearing was timely filed and states a rational basis for reconsideration.

(c) If the petitioner does not meet the standard for granting a rehearing specified in (a) or (b), above, then:

(1) The petition shall be denied by:

a. The presiding officer, in a disciplinary or non-disciplinary remedial proceeding; or

b. The board, in a rehearing of a licensing decision; and

(2) An order denying the petition shall be:

a. Served on the participants in accordance with Plc 206.11; and

b. Effective on the date it is served.

(d) If the presiding officer in a disciplinary or non-disciplinary remedial proceeding determines that issues of fact form the basis for part or all of the petition, the presiding officer shall forward the petition and any response(s) received to the board for consideration.

(e) A decision on reconsideration shall be issued after fully considering the petition and any responses thereto, which reconsideration shall include a hearing on the factual issues identified in the motion if the board determines a hearing to be necessary to a full consideration of the facts.

(f) A final order upon rehearing shall be:

(1) Served on the participants in accordance with Plc 206.11; and

(2) Effective on the date it is served.

(g) Successive petitions for rehearing by the same person or party shall not be permitted.

(h) Pursuant to RSA 310:14, III, the filing of a petition for rehearing shall not stay any order.

N.H. Admin. Code § Plc 206.32

Derived from (See Revision Note #1 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(d)-(j)) (See Revision Note #2 at chapter heading for Plc 200).