1. (a) When a violation occurs, a recommendation of commission action” shall be served on the licensee. The recommendation of agency action shall include the licensee’s name and license number, the facts supporting the alleged violation, and the law or rule allegedly violated.
2. (b) After service, the recommendation shall be reviewed by a division supervisor and approved in its final form
3. (c) The final recommendation of commission action of administrative notice or contested waiver shall be filed with the presiding officer within 30 days of initial service on the licensee.
4. (d) The presiding officer shall issue a hearing notice after receiving the recommendation of commission action. The hearing notice shall include the time, date, and location of the hearing.
5. (e) The presiding officer shall serve the hearing notice and the final recommendation of commission action on the division and the licensee within 30 days after receipt of the final recommendation of commission action.
6. (f) The hearing notice shall contain the docket number and the date for a hearing, which shall be at least 60 days from the date of service.
7. (g) The docket number shall appear on all subsequent pleadings by the parties and orders or decisions of the commission.

8. (h) The presiding officer shall carry out service in the following manner:

   1. (1) The presiding officer shall serve the hearing notice and final recommendation upon all parties to the proceeding by certified mail, e-mail, or by personal service, at least 60 days before the first hearing date;
   2. (2) The date of service shall be the date of personal delivery, receipt of certified mail, or date sent by e-mail; and
   3. (3) Service to the licensee at the address provided to the commission pursuant to RSA 178:3, VIII or the address provided by the licensee’s representative shall constitute prima facia evidence that the licensee received the document.
9. (i) Upon a written motion to change a hearing date showing good cause, which shall include, but not be limited to a party requesting a speedy hearing, the presiding officer shall reschedule the hearing, provided that the change does not result in prejudice to any party.
10. (j) The presiding officer shall provide reasonable notice of any change to the hearing notice to all parties. All hearing notices shall be prepared and forwarded to all parties or their representatives to afford all parties sufficient opportunity to prepare for and develop the issues to be considered and decided at the hearing.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24