1. (a) The board shall decide a case on the basis of:

   1. (1) The testimonial evidence;
   2. (2) Its evaluation of the credibility of the testimonial evidence; and

   3. (3) The balance of the record, including:

      1. a. Stipulations of fact and other terms of pre-hearing orders;
      2. b. Rulings on motions and the reasons for them;
      3. c. Matters officially noticed; and
      4. d. Documents and non-documentary things received into evidence.
      5. (c) No board member shall participate in the board's decision of a case if he or she has not personally heard all of the testimony in the case, unless:
      6. (1) The decision does not depend on the credibility of any witness; and
      7. (2) The record provides a reasonable basis for evaluating the testimony given at the hearing.
      8. (d) The board shall issue its decision, findings of fact and rulings of law, and any orders needed to implement the decision, in a written notice issued to all parties and intervenors within 30 working days of the close of the hearing or of the reopened hearing.
      9. (e) The board shall keep a decision in its records for at least 5 years following the date of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

Source. #8951, eff 7-21-07