N.H. Admin. Code § Psyc 205.24 - Motion for Rehearing, Reconsideration or Clarification

(a) A motion for rehearing, reconsideration or clarification shall be filed within 30 days after service of a final adjudicative order.

(b) Any member of the board who participated in the decision may seek rehearing, reconsideration or clarification of a final adjudicative order by motion presented to the remaining board members within 30 days after entry of a final adjudicative order.

(c) The motion shall state with specificity those points of law or fact that:

(1) The board is alleged to have overlooked or misapprehended;

(2) How the order is alleged to be unclear or internally inconsistent;

(3) Show how the order is alleged to be unlawful, unjust, or illegal in respect to jurisdiction, authority or observance of the law; or

(4) Show how the order is alleged to be an abuse of discretion, or is arbitrary, unreasonable or capricious.

(d) Each motion for rehearing, reconsideration, or clarification shall be served on all parties to the proceeding in accordance with these rules.

(e) No answer to a motion for rehearing, reconsideration or clarification shall be required, but any answer or objection filed by another party shall be delivered to the board within 10 days following notification that the motion to reconsider has been filed with the board.

(f) The board shall deny the motion unless the board finds that a relevant rule, point of law or fact has been overlooked or misapprehended, or that the decision is unlawful, unjust, or unreasonable, but may in all cases amend its order to clarify any items alleged to be unclear or inconsistent.

Notes

N.H. Admin. Code § Psyc 205.24

Derived From Volume XXXVI Number 49, Filed December 8, 2016, Proposed by 12035-A, Effective 11/4/2016.