New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 206 - ADJUDICATIVE PROCEEDINGS
Section Plc 206.29 - Motion for Reconsideration or Rehearing

Universal Citation: NH Admin Rules Plc 206.29

Current through Register No. 12, March 21, 2024

(a) Motions for reconsideration or rehearing shall be filed within 30 calendar days after service of a final adjudicative order.

(b) The motion shall:

(1) Clearly identify points of law or fact that the movant asserts the regulatory authority has overlooked or misapprehended;

(2) Contain such argument in support of the motion as the movant desires to present; and

(3) Be served by the movant on all other participants in accordance with Plc 206.11.

(c) No answer to a motion for reconsideration shall be required, but any answer or objection filed shall be delivered to the regulatory authority within 5 working days following receipt of service of the motion for reconsideration.

(d) The motion shall be granted if the movant demonstrates by a preponderance of the evidence that:

(1) The law was applied incorrectly;

(2) The facts on which the decision is based are not supported by the record; or

(3) Another compelling reason exists to reconsider the matter, including but not limited to new material evidence becoming available or material evidence that was offered was improperly excluded.

(e) If the petition is not filed within the time specified in (a), above, or if the movant does not meet the standard for granting the motion specified in (d), above, then:

(1) The motion shall be denied; and

(2) An order denying the motion shall be:
a. Served on the participants in accordance with Plc 206.11; and

b. Effective on the date it is served.

(f) If the motion is not denied, the presiding officer shall forward the motion and any response(s) received to the regulatory authority for consideration.

(g) The regulatory authority shall issue a decision on reconsideration after fully considering the motion and any responses thereto, which reconsideration shall include a hearing on the issues identified in the motion if the regulatory authority determines a hearing to be necessary to a full consideration of the issues.

(h) A final order upon reconsideration shall be:

(1) Served on the participants in accordance with Plc 206.11; and

(2) Effective on the date it is served.

(i) Successive petitions for reconsideration or rehearing shall not be permitted.

(j) The filing of a motion for reconsideration shall not stay any order.

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