New Hampshire Code of Administrative Rules
Alc - Board of Licensing for Alcohol and Other Drug Use Professionals
Chapter Alc 200 - PROCEDURAL RULES
Part Alc 212 - HEARING PROCEDURE
Section Alc 212.08 - Rehearing

Universal Citation: NH Admin Rules Alc 212.08

Current through Register No. 12, March 21, 2024

(a) Within 30 calendar days of a decision or order any party or person directly affected may request rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying:

(1) The issues to be considered at the rehearing; and

(2) Every ground on which it is claimed that the decision or order is unlawful or unreasonable.

(b) The board shall mail a copy of the motion for rehearing to all parties and intervenors.

(c) An objection to a motion for rehearing shall be submitted within 20 calendar days of the date of submission of the motion.

(d) Within 10 calendar days of submission of the motion for rehearing, the board, if it has received either an objection or a notice of no objection, shall employ the standards in (g) below to grant or deny the motion for rehearing.

(e) Within 10 calendar days of submission of the motion for rehearing, if it has not received an objection or notice of no objection, the board shall, pending the denial of the motion for rehearing or the completion of the rehearing, suspend the decision or order complained of.

(f) When the time specified in (c) above for submitting an objection has expired, the board shall employ the standards in (g) below to either grant or deny the motion for rehearing.

(g) The board shall grant the motion for rehearing if it determines that, in the original hearing, it:

(1) Incorrectly assessed the relevant evidence;

(2) Incorrectly applied the relevant law; or

(3) Failed substantially to comply with this chapter.

#8170, eff 9-21-04

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