New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 200 - RULES OF PRACTICE AND PROCEDURE
Part Tra 202 - ADJUDICATIVE PROCEEDINGS
Section Tra 202.26 - Reconsideration and Rehearing

Universal Citation: NH Admin Rules Tra 202.26

Current through Register No. 40, October 3, 2024

(a) A motion for reconsideration and rehearing shall be filed within 30 days of the date of the decision or order.

(b) A motion for reconsideration and rehearing shall:

(1) Identify each error of fact, error of reasoning, or error of law that the moving party wishes to have reconsidered;

(2) Describe how each error causes the department's decision to be:
a. Unjust or unreasonable;

b. Unlawful in respect to jurisdiction, authority or observance of the law; or

c. An unsustainable exercise of discretion.

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

(c) A motion for reconsideration and rehearing shall be granted if it demonstrates that the department's decision is unlawful, unjust or an unsustainable exercise of discretion.

(d) The filing of a timely motion for reconsideration shall suspend the running of the period for appeal in accordance with RSA 21-L or RSA 541, but shall not suspend the application of the decision and order unless:

(1) Requested by the moving party; and

(2) The presiding officer determines that a suspension of the decision and order will not cause irreparable harm to the interests of the remaining parties.

(e) If reconsideration is granted, the presiding officer shall enter a written order, which shall stay implementation of the decision, and reopen the proceeding for the consideration of such additional evidence as the parties elect to present.

#7927-A, eff 7-26-03

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