Current through Register No. 40, October 3, 2024
(a) If, pursuant to
Ins
203.01(c), the commissioner has
appointed a natural person other than the deputy commissioner to preside at a
hearing as hearing officer, the following procedures shall apply:
(1) The hearing officer shall submit to the
commissioner, within 35 days after the termination of a hearing, a proposed
decision and order including a proposed decision and order on any dispositive
motion. Any such proposed decision and order shall be delivered to all
parties;
(2) The parties may file
exceptions and supporting memoranda of law for review by the commissioner
within 20 days from the date the proposed decision and order is delivered
pursuant to (a)(1) above. Replies to exceptions and legal memoranda may be
filed within 10 days from the date of the filing of the document prompting the
reply;
(3) Requests for oral
argument on exceptions to the proposed order shall be filed with the
commissioner within 20 days from the date the proposed decision and order is
delivered, and the commissioner shall issue an order granting or denying such
request within 10 days;
(4) The
commissioner shall, based upon the record, determine whether the respective
parties have met their burdens of proof set forth in
Ins
206.05 and shall accordingly issue a final decision
and order accepting, rejecting, or modifying the proposed decision and order.
Any such order shall be subject to reconsideration of any final order pursuant
to Ins 207.05 and Ins 207.06;
(5)
If the commissioner issues a final decision and order that rejects or otherwise
modifies the proposed decision and order:
a.
The commissioner's factual determinations in any final order shall be based
upon a review of the record;
b. The
record shall provide a reasonable basis supporting the rejection or
modification of the findings and rulings of the hearing officer;
c. The final decision shall adequately
explain the grounds for the commissioner's decision; and
d. The commissioner shall review all evidence
in the record and resolve any evidentiary conflicts by applying the
commissioner's own expertise and technical judgment; and
(6) The final order shall comply with all
requirements set forth in (c) of this section.
(b) If the commissioner or deputy
commissioner has presided over the hearing, the commissioner or deputy
commissioner, as appropriate, shall issue a final decision and order consistent
with the requirement of (c) of this section.
(c) The final decision and order shall:
(1) Be issued within 90 days of the
termination of the hearing, pursuant to
RSA 400-A:23,
II;
(2) Be made on the basis of the evidence of
record presented at the hearing and rationally supportable by such
evidence;
(3) Be in writing or
stated in the record;
(4) Include
findings of fact and conclusions of law, separately stated; and
(5) Be the final action of the department,
subject to the reconsideration of any final order pursuant to Ins 207.05 and
Ins 207.06.
(d) No
factual information received or known that is not evidence of record shall be
considered in any final decision and order.
(e) Request for rehearings and appeals from a
final action shall be made in writing and shall be made pursuant to RSA
541.
