N.H. Code Admin. R. Plc 206.31
Request or Petition for Rehearing; Answers
Effective May 22, 2025(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.29(a)-(c)) (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25Executive Director, Office of Professional Licensure and Certification
(a) For purposes of this section, “petition for rehearing” means, depending on context:
- (1) A request for a rehearing after a final order has been issued in a disciplinary or non-disciplinary remedial proceeding;
- (2) A request for a rehearing after a license application has been denied after a hearing as provided in RSA 310:14, I-a and Plc 304.10; or
- (3) A request for a rehearing after a determination of disqualification from state licensure based on a criminal record pursuant to RSA 332-G:10.
(b) A petition for rehearing shall be filed:
- (1) Within 30 calendar days after service of a final order in a disciplinary or non-disciplinary remedial proceeding;
- (2) Within 30 calendar days of receipt of the final decision to deny an application for licensure in a hearing held as provided in Plc 304.10; or
- (3) Within 30 calendar days after the decision is made for a hearing conducted under RSA 332-G:10.
(c) To petition for rehearing, the respondent shall:
- (1) Use the “Universal Petition for Rehearing” dated April 2025; or
- (2) Provide the information required by (d), below, in another legible format.
(d) The petition shall:
(1) Clearly identify:
- a. The respondent, by name and license number, and the docket number of the matter for which the petition is being filed, for rehearing in a disciplinary or non-disciplinary remedial proceeding;
- b. The applicant, by name as shown on the application, together with the profession for which the application was filed, the date of the hearing, and the date the decision was issued, for rehearing relating to licensure; or
- c. The individual who requested the determination, by name as it appeared on the request, together with the date of the hearing and the date the decision was issued, for a determination under RSA 332-G:10;
- (2) Clearly state whether the petitioner is seeking to have the decision reversed or modified and, if modified, the specific modification(s) sought;
- (3) Clearly identify the specific findings of fact or conclusions of law, or both, that the petitioner asserts are erroneous;
- (4) Contain such argument in support of the petition as the petitioner desires to present, including an explanation of how substantial justice would be done by granting the relief requested; and
- (5) For a petition for rehearing in a disciplinary or non-disciplinary remedial proceeding, be served by the petitioner on all other participants in accordance with Plc 206.11.
- (e) The petitioner or petitioner’s representative shall sign the petition.
(f) The signature provided pursuant to (e), above, shall constitute attestation that:
- (1) The signer has read the petition for rehearing;
- (2) The signer is authorized to file the petition for rehearing;
- (3) To the best of the signer’s knowledge, information, and belief, there are good grounds to support the petition for rehearing; and
- (4) The petition for rehearing has not been filed solely or primarily for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.
- (g) No answer to a petition for rehearing shall be required, but any answer or objection filed shall be delivered to the presiding officer within 5 working days following receipt of service of the petition for rehearing.
Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.29(a)-(c)) (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25