New Hampshire Code of Administrative Rules
Pes - Pesticide Control Board
Chapter Pes 200 - PROCEDURAL RULES
Part Pes 202 - PROCEDURES FOR APPEALS
Section Pes 202.24 - Decisions
Current through Register No. 12, March 21, 2024
(a) A decision on the appeal shall be made only after full consideration of the record, and shall be made pursuant to Pes 201.02.
(b) A board member shall not participate in making a decision unless he or she personally heard the testimony in the appeal, or unless the appeal's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.
(c) If a presiding officer has been delegated the authority to conduct an appeal hearing in the absence of a majority of the board, the presiding officer shall submit written recommendations to the board for a decision, which shall contain the following:
(d) After reviewing the record and any written recommendation for decision, the board shall issue a written decision to all parties that:
#6834, eff 8-26-98; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12