Section Pol 208.01 - Motion for Reconsideration or RehearingThe following shall apply to a motion for reconsideration or rehearing:
(a) An adjudicatory order of the council, including an order denying a petition for declaratory rulings or rulemaking, shall not be final until the date it is served upon the parties pursuant to Pol 207.02(a).(b) Within 30 days after service of a final adjudicatory order of the council, any party may file a motion for reconsideration which, if the action is subject to judicial review under RSA 541, shall serve as a petition for rehearing under that statute. No distinction shall be made between the terms "reconsideration" and "rehearing".(c) Motions for reconsideration shall not be accepted for orders adopting emergency or interim rules titled under RSA 541-A:18 or RSA 541-A:19, for final proposals filed under RSA 541-A:12, or for final rules modified in response to legislative committee objections pursuant to RSA 541-A:13.(d) A motion for reconsideration pertaining to (a) or (b) above, shall include any memorandum of law the petitioner wishes to submit, shall identify each error of fact, error of reasoning, or erroneous conclusion contained in the final order which the moving party wishes reconsidered, and shall also concisely state the correct factual finding, correct reasoning, and correct conclusion urged by the moving party.(e) The council shall grant or deny the motion, or any part thereof, on its merits, or treat the motion as one for reopening, and grant it pending the receipt of such additional data or additional argument as it considers necessary.N.H. Admin. Code § Pol 208.01
#5836, eff 6-15-94; ss by #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08