N.H. Admin. Code § App 212.08 - Decisions

(a) A council member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the members of the council who are to render a final decision and the matter's disposition does not depend on the credibility of any witness, the presiding officer shall submit to the council a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

(c) If a proposal for decision in a matter not personally heard by all council members voting on the decision is adverse to a party or intervener to the proceeding other than the council itself, the council shall serve a copy of the proposal for decision on each party and intervener to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the council.

(d) A proposal for decision shall become a final decision upon its approval by the council.

(e) A council shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, 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.

Notes

N.H. Admin. Code § App 212.08

#7864-A, eff 4-1-03