Section Sw 216.08 - Decisions(a) In accordance with RSA 284:13, II, the decision of the presiding officer shall:(1) Not be contrary to rules adopted by the commission pursuant to RSA 541-A; and(2) Be binding on all parties unless such decision is overturned on appeal.(b) The presiding officer shall issue a decision in the form of a final order within 30 days of the proceeding.(c) A copy of the final order shall be sent to all parties to the proceeding within 10 days of the date of the final order.(d) In accordance with RSA 284:13, II, the presiding officer's decision shall be binding on all parties unless such decision is overturned on appeal.(e) The commission shall keep a 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.(f) In accordance with RSA 284:13, I, any party aggrieved by any final decision entered in proceedings before the commission may, within 10 days after such decision is entered, appeal to the superior court by petition specifying the grounds upon which the decision is claimed to be unreasonable or unlawful. Findings and decisions by the commission shall be deemed to be prima facie lawful and reasonable, and shall not be set aside on appeal unless found to be arbitrary, capricious, unreasonable, or unlawful.N.H. Admin. Code § Sw 216.08
Derived From Volume XXXVII Number 6, Filed February 9, 2017, Proposed by #12093, Effective 1/27/2017.