Current through Register No. 50, December 12, 2024
Section Tra 202.26 - Reconsideration and Rehearing(a) A motion for reconsideration and rehearing shall be filed within 30 days of the date of the decision or order.(b) A motion for reconsideration and rehearing shall: (1) Identify each error of fact, error of reasoning, or error of law that the moving party wishes to have reconsidered;(2) Describe how each error causes the department's decision to be: a. Unjust or unreasonable;b. Unlawful in respect to jurisdiction, authority or observance of the law; orc. An unsustainable exercise of discretion.(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and(4) Include any argument or memorandum of law the moving party wishes to file.(c) A motion for reconsideration and rehearing shall be granted if it demonstrates that the department's decision is unlawful, unjust or an unsustainable exercise of discretion.(d) The filing of a timely motion for reconsideration shall suspend the running of the period for appeal in accordance with RSA 21-L or RSA 541, but shall not suspend the application of the decision and order unless: (1) Requested by the moving party; and(2) The presiding officer determines that a suspension of the decision and order will not cause irreparable harm to the interests of the remaining parties.(e) If reconsideration is granted, the presiding officer shall enter a written order, which shall stay implementation of the decision, and reopen the proceeding for the consideration of such additional evidence as the parties elect to present.N.H. Admin. Code § Tra 202.26