N.H. Admin. Code § Cor 213.08 - Decisions

(a) A departmental official shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the department who are to render a final decision, the presiding officer shall submit to the department a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

(c) If a proposal for decision in a matter not personally heard by departmental official is adverse to a party to the proceeding other than the department itself, the department shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the department.

(d) A proposal for decision shall become a final decision upon its approval by the department.

(e) The department shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, 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 § Cor 213.08

#9507-A, eff 7-8-09 (from Cor 211.08 )

Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12501, Effective 3/23/2018.