N.H. Admin. Code § Ahp 213.07 - Disposition

(a) The board shall issue a decision or order, whether or not the record has been reopened pursuant to Ahp 213.06, based on:

(1) A hearing attended by a quorum of the board;

(2) A written proposal for disposition meeting the requirements of paragraph (c) below; or

(3) A hearing held pursuant to paragraph (e) (2).

(b) The decision or order shall be in writing and dated.

(c) A board member shall not participate in the board's disposition if he or she has not personally heard all of the testimony in the case, unless the disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(d) If a presiding officer has been delegated the authority to conduct the hearing in the absence of a quorum of the board, the presiding officer shall submit to the board a written proposal for disposition containing:

(1) The disposition proposed by the presiding officer;

(2) A statement of the reasons for the proposed disposition; and

(3) Findings of fact and rulings of law necessary to the proposed disposition.

(e) If a proposed disposition submitted pursuant to paragraph (c) is adverse to a party or an intervenor, the board shall:

(1) Serve a copy of it on each party and intervenor; and

(2) Provide an opportunity to file objections and present briefs and oral arguments to the board.

(f) The board shall keep a final decision in its records for at least 5 years following their dates of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

Notes

N.H. Admin. Code § Ahp 213.07

#8078, eff 5-1-04