1. (a) A decision shall be made only after full consideration of the record, except that a decision may be made on a motion to dismiss based upon the documents and affidavits submitted with such motion and any objection thereto.
2. (b) A decision shall be issued in writing or stated in the record in accordance with RSA 541-A:35.
3. (c) A decision shall be effective upon issuance unless otherwise specified in the decision or required by law.

4. (d) If the commissioner has decided in accordance with He-C 201.05 (b) not to delegate final decision-making authority to the presiding officer, the presiding officer shall submit a written proposed decision to the commissioner containing the following:

   1. (1) The subject of the hearing, including identification of the relevant statute(s) and rule(s);
   2. (2) The names and addresses of all parties to the proceeding;
   3. (3) The names and addresses of all persons who testified at the hearing either orally or in writing and a summary of each witness's testimony;
   4. (4) The items listed in RSA 126-A:5, VIII (d); and
   5. (5) Recommended rulings on motions to dismiss.

5. (e) Following receipt of the proposed decision under (d) above, the commissioner shall proceed in accordance with RSA 126-A:5, VIII (e), and:

   1. (1) Within 10 days, provide the appellant and the department representative involved in the appeal with a copy of the proposed decision and a notice which:

      1. a. Offers the appellant an opportunity to present a brief and oral argument, provided the request to do so is made within 10 days of the date of the notice;
      2. b. Specifies that if such a request is made, the brief shall be submitted within 30 days of the date of the notice;
      3. c. Specifies that any brief submitted shall be limited to a length of 5 pages on 8 ½ by 11 inch paper, with a copy sent to the department representative involved in the appeal; and
      4. d. Specifies that any oral argument shall be limited to no more than 30 minutes; and

   2. (2) Offer the department representative involved in the appeal:

      1. a. An opportunity to file a responsive brief, limited to a length of 5 pages on 8 ½ by 11 inch paper, within 10 days of the date the appellant’s brief is submitted, with a copy to the appellant; and
      2. b. An opportunity to present oral argument in response to the appellant’s oral argument, which shall be limited to no more than 30 minutes.
6. (f) The commissioner shall issue a final decision in accordance with RSA 126-A:5, VIII (f).
7. (g) Written decisions issued under this section shall be retained for the period specified in RSA 5:38.

Source. #8866-A, eff 4-13-07