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

Universal Citation: NH Admin Rules Inst 210.01

Current through Register No. 12, March 21, 2024

(a) 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 "reconsideration" and "rehearing."

(b) A motion for reconsideration shall:

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

(2) Identify every ground upon which the moving party asserts the hearing or the outcome of the hearing is unlawful, unjust or unreasonable; and

(3) Concisely state the proposed factual findings, reasoning, and conclusions urged by the moving party.

(c) The board shall grant or deny the motion, or any part thereof, on its merits to the extent the motion has demonstrated the decision is unlawful, unreasonable or unjust. The board shall treat the motion as one of 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 orders.

(d) The board shall not grant a motion for reconsideration or rehearing for 5 days after the motion is filed in order to permit the opposing party to respond.

(e) After the board has granted a motion for reconsideration or rehearing, the board shall affirm its order, modify its order or reverse its order as justice and equity require.

#8493-A, eff 12-24-05

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