New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 400 - WATERCRAFT SAFETY RULES
Part Saf-C 411 - PUBLIC HEARING PROCEDURES FOR REQUESTING PROHIBITION/ RESTRICTIONS ON THE USE OF SKI CRAFT ON LAKES, PONDS OR RIVERS
Section Saf-C 411.06 - Motion for Rehearing

Universal Citation: NH Admin Rules Saf-C 411.06

Current through Register No. 40, October 3, 2024

(a) Any person aggrieved by a decision regarding any lake, pond or river may file a motion for rehearing within 30 days from the date of issuance of the decision, setting forth every perceived error or omission set forth in the decision. The filing of a motion for rehearing shall be necessary in order to obtain judicial review of a decision pursuant to RSA 270:74-a, VI and RSA 541:6.

(b) A motion for rehearing shall be submitted to the bureau of hearings. The petitioner shall also serve copies of the motion for rehearing upon all persons who provided written or oral comments at the hearing. Any person served a copy of a motion for rehearing shall have 10 calendar days to file an objection to the motion with the bureau of hearings.

(c) Upon receipt of a motion for rehearing and any objection thereto, the commissioner shall review the entire record and decide whether the motion should be granted in whole or in part. A motion for rehearing shall be granted if it demonstrates that the agency's decision is unlawful, unjust or unreasonable.

(d) Any person aggrieved by the decision may seek a further appeal pursuant to RSA 541.

#4693, eff 11-1-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

New. #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

New. #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

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