1. (a) In a disciplinary or non-disciplinary remedial proceeding, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that:

   1. (1) The law was applied incorrectly;
   2. (2) The facts on which the decision is based are not supported by the record; or
   3. (3) Another compelling reason exists to reconsider the matter, including but not limited to new material evidence becoming available or material evidence that was offered was improperly excluded.

2. (b) In a rehearing of a decision to deny a license or to impose conditions, if the petition for rehearing was timely filed and states a rational basis for reconsideration, then:

   1. (1) The presiding officer shall grant the petition and refer the matter to the board for reconsideration if the provisions of RSA 310:11, VII or VIII have not been exercised and the petition raises questions of fact or mixed fact and law; or
   2. (2) The presiding officer shall grant the petition and reconsider the decision if the provisions of RSA 310:11, VII or VIII have been activated.

3. (c) In a rehearing of a decision under RSA 332-G:10, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that:

   1. (1) The facts on which the decision is based are not supported by the record; or
   2. (2) Another compelling reason exists to reconsider the matter, including but not limited to new material evidence becoming available or material evidence that was offered was improperly excluded.
4. (d) The filing of a petition for rehearing shall not automatically stay the order for which reconsideration is sought.

5. (e) If the petitioner does not meet the applicable standard for granting a rehearing specified in (a) through (c), above, the presiding officer shall deny the petition, and an order denying the petition shall be:

   1. (1) Served on the participants in accordance with Plc 206.11; and
   2. (2) Effective on the date it is served.

6. (f) If the presiding officer in a disciplinary or non-disciplinary remedial proceeding determines that issues of fact form the basis for part or all of the petition, the presiding officer shall:

   1. (1) Forward the petition and any response(s) received to the board for consideration, if the provisions of RSA 310:10, XIV or XV have not been exercised; or
   2. (2) Reconsider the facts and make any adjustments needed, if the provisions of RSA 310:10, XIV or XV have been exercised.
7. (g) A decision on reconsideration shall be issued after fully considering the petition and any responses thereto, which reconsideration shall include a hearing on the factual issues identified in the motion if the board or presiding officer, as applicable, determines a hearing to be necessary to a full consideration of the facts.

8. (h) A final order upon rehearing shall be:

   1. (1) Served on the participants in accordance with Plc 206.11; and
   2. (2) Effective on the date it is served.
9. (i) Successive petitions for rehearing by or on behalf of the same participant shall not be permitted.

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(d)-(j)) (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