1. (a) The rules in this section are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the committee prior to appealing the decision.
2. (b) The rules in this section shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.
3. (c) A motion for rehearing shall be filed within 30 days of the date of a committee decision or order.

4. (d) A motion for rehearing shall:

   1. (1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;
   2. (2) Describe how each error causes the committee’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;
   3. (3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and
   4. (4) Include any argument or memorandum of law the moving party wishes to file.
5. (e) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the committee’s decision is unlawful, unjust or unreasonable.
6. (f) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the committee’s decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion or arbitrary, unreasonable or capricious.

7. (g) The committee shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

   Source. #9144-A eff 4-25-08

   Dec 204.16. Retention of Records. The committee shall keep a decision on file in its records for at least 50 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.

Source. #9144-A eff 4-25-08