New Hampshire Code of Administrative Rules
Hcp - Board of Hearing Care Providers
Chapter Hcp 200 - PRACTICE AND PROCEDURE
Part Hcp 209 - RECONSIDERATION AND STAY
Section Hcp 209.01 - Motion for Reconsideration or Rehearing

Universal Citation: NH Admin Rules Hcp 209.01

Current through Register No. 40, October 3, 2024

(a) Final adjudicative orders of the board shall take effect on the date they are served upon the parties pursuant to Hcp 204.03(c) unless such order specifies another date, in which case, the order shall take effect as specified therein.

(b) Motions for reconsideration or rehearing shall be filed within 30 days after service of a final adjudicative order. 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 of law contained in the final order which the moving party wishes reconsidered; and

(3) Concisely state the correct factual finding, correct reasoning, and correct conclusion of law 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 material errors of fact, reasoning, or law 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.

#6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9337, eff 12-3-08 (formerly Hcp 208.01 )

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