New Hampshire Code of Administrative Rules
Den - Board of Dental Examiners
Chapter Den 200 - PRACTICE AND PROCEDURE
Part Den 210 - RECONSIDERATION AND STAY
Section Den 210.01 - Motion for Reconsideration or Rehearing

Universal Citation: NH Admin Rules Den 210.01

Current through Register No. 12, March 21, 2024

(a) Final adjudicative orders of the board, and orders denying petitions for declaratory rulings or rulemaking, shall take effect on the date they are served upon the parties pursuant to Den 206.03(c).

(b) Within 30 days after service of a final adjudicative order, any party may file a motion for reconsideration or rehearing. The board shall make no distinction between the terms "reconsideration" and "rehearing."

(c) A motion for reconsideration shall:

(1) Include any memorandum of law the moving party wishes to submit;

(2) Identify each error of fact, error of reasoning, or erroneous conclusion contained in the f inal order which the moving party wishes reconsidered; and

(3) Concisely state the correct factual finding, correct reasoning, and correct conclusion urged by the moving party.

(d) The board shall grant or deny the motion, or any part thereof, on its merits to the extent the motion has revealed errors of law, fact or policy in the board's prior decision. The board shall also treat the motion as one for reopening and order the receipt of such additional data or additional argument as it considers necessary to evaluate any newly discovered evidence or to cure any alleged procedural errors.

(See Revision Note at chapter heading for Den 200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09

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