New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 200 - RULES OF PRACTICE AND PROCEDURE
Part He-C 203 - HEARINGS
Section He-C 203.22 - Decisions

Universal Citation: NH Admin Rules He-C 203.22

Current through Register No. 40, October 3, 2024

(a) A decision shall be made only after full consideration of the record, except that a decision may be made on a motion to dismiss based upon the documents and affidavits submitted with such motion and any objection thereto.

(b) A decision shall be issued in writing or stated in the record in accordance with RSA 541-A:35.

(c) A decision shall be effective upon issuance unless otherwise specified in the decision or required by law.

(d) If the commissioner has decided in accordance with He-C 201.05(b) not to delegate final decision-making authority to the presiding officer, the presiding officer shall submit a written proposed decision to the commissioner containing the following:

(1) The subject of the hearing, including identification of the relevant statute(s) and rule(s);

(2) The names and addresses of all parties to the proceeding;

(3) The names and addresses of all persons who testified at the hearing either orally or in writing and a summary of each witness's testimony;

(4) The items listed in RSA 126-A:5, VIII (d); and

(5) Recommended rulings on motions to dismiss.

(e) Following receipt of the proposed decision under (d) above, the commissioner shall proceed in accordance with RSA 126-A:5, VIII (e), and:

(1) Within 10 days, provide the appellant and the department representative involved in the appeal with a copy of the proposed decision and a notice which:
a. Offers the appellant an opportunity to present a brief and oral argument, provided the request to do so is made within 10 days of the date of the notice;

b. Specifies that if such a request is made, the brief shall be submitted within 30 days of the date of the notice;

c. Specifies that any brief submitted shall be limited to a length of 5 pages on 8 1/2 by 11 inch paper, with a copy sent to the department representative involved in the appeal; and

d. Specifies that any oral argument shall be limited to no more than 30 minutes; and

(2) Offer the department representative involved in the appeal:
a. An opportunity to file a responsive brief, limited to a length of 5 pages on 8 1/2 by 11 inch paper, within 10 days of the date the appellant's brief is submitted, with a copy to the appellant; and

b. An opportunity to present oral argument in response to the appellant's oral argument, which shall be limited to no more than 30 minutes.

(f) The commissioner shall issue a final decision in accordance with RSA 126-A:5, VIII (f) .

(g) Written decisions issued under this section shall be retained for the period specified in RSA 5:38.

#8866-A, eff 4-13-07

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