New Hampshire Revised Statutes 273:11-c – Appeal
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I. A person on whom the commissioner has imposed a penalty pursuant to N.H. Rev. Stat. § 273:11-a may appeal by filing a notice of appeal with the penalty appeal board within 15 business days after the commissioner’s order. If no such notice is filed within this time limit, the commissioner’s order shall become final and no appeal may be taken.
II. The penalty appeal board shall hear appeals de novo and shall not be bound by prior findings or determinations of the commissioner. An appeal shall be filed and presented and the hearing conducted in accordance with rules adopted by the board pursuant to RSA 541-A. Such rules need not conform to common law or statutory rules of evidence or other technical rules of procedure. The place and time of a hearing shall be determined by the board. In no case shall a hearing proceed unless the chairman or alternate chairman is present.
III. A full and complete record shall be kept of all proceedings in connection with an appeal, and all testimony at any hearing shall be recorded verbatim.
IV. Within a reasonable time after the board has heard an appeal, the chairman shall prepare a written decision which shall be sent by certified mail to the last known address of the appealing party. The decision shall set forth all the material findings necessary to support the conclusions and shall either affirm, reverse or modify the order of the commissioner.
II. The penalty appeal board shall hear appeals de novo and shall not be bound by prior findings or determinations of the commissioner. An appeal shall be filed and presented and the hearing conducted in accordance with rules adopted by the board pursuant to RSA 541-A. Such rules need not conform to common law or statutory rules of evidence or other technical rules of procedure. The place and time of a hearing shall be determined by the board. In no case shall a hearing proceed unless the chairman or alternate chairman is present.
Terms Used In New Hampshire Revised Statutes 273:11-c
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
III. A full and complete record shall be kept of all proceedings in connection with an appeal, and all testimony at any hearing shall be recorded verbatim.
IV. Within a reasonable time after the board has heard an appeal, the chairman shall prepare a written decision which shall be sent by certified mail to the last known address of the appealing party. The decision shall set forth all the material findings necessary to support the conclusions and shall either affirm, reverse or modify the order of the commissioner.