N.H. Admin. Code § Int 210.01 - Motion for Rehearing

(a) The rules in this section allow a person affected by a final decision of the board to request a rehearing of a decision prior to appealing the decision with the court having appellate jurisdiction.

(b) A motion for rehearing shall be filed within 30 days of the date of board decision or order.

(c) A motion for rehearing shall:

(1) Include any memorandum of law the movant wishes to submit;

(2) Identify each error of fact, error of reasoning, or erroneous conclusion contained in the final order which the moving party wishes reconsidered;

(3) Describe how each error causes the board's decision to be unlawful, unjust, or unreasonable, illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion, or arbitrary, unreasonable, or capricious; and

(4) Concisely state the correct factual findings, correct reasoning, and legal conclusion urged by the moving party.

(d) Any objections to the motion for rehearing shall be filed within 30 days of service of the motion upon the parties.

(e) A motion for rehearing shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.

Notes

N.H. Admin. Code § Int 210.01

#7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11

New. #10040-A, eff 12-16-11 (from Int 211.01); ss by #10359, eff 6-14-13