1. (a) A motion for reconsideration and rehearing shall be filed within 30 days of the date of the decision or order.

2. (b) A motion for reconsideration and rehearing shall:

   1. (1) Identify each error of fact, error of reasoning, or error of law that the moving party wishes to have reconsidered;

   2. (2) Describe how each error causes the department’s decision to be:

      1. a. Unjust or unreasonable;
      2. b. Unlawful in respect to jurisdiction, authority or observance of the law; or
      3. c. An unsustainable exercise of discretion.
   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.
3. (c) A motion for reconsideration and rehearing shall be granted if it demonstrates that the department’s decision is unlawful, unjust or an unsustainable exercise of discretion.

4. (d) The filing of a timely motion for reconsideration shall suspend the running of the period for appeal in accordance with RSA 21-L or RSA 541, but shall not suspend the application of the decision and order unless:

   1. (1) Requested by the moving party; and
   2. (2) The presiding officer determines that a suspension of the decision and order will not cause irreparable harm to the interests of the remaining parties.
5. (e) If reconsideration is granted, the presiding officer shall enter a written order, which shall stay implementation of the decision, and reopen the proceeding for the consideration of such additional evidence as the parties elect to present.

Source. #7927-A, eff 7-26-03