New Hampshire Revised Statutes 273:11-d – Judicial Review
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I. A person who has appealed to the penalty appeal board and who is aggrieved by a final decision of the board may appeal that decision to the supreme court, but only if the notice of that appeal is filed with the court within 15 business days after the date of mailing of the decision and the notice of appeal is contemporaneously served on the commissioner and the board. The notice of appeal shall specifically identify each error for which review is sought. The filing of a notice of appeal shall not stay enforcement of the board’s decision.
II. Within 60 days after the service of the notice of appeal upon the board, or within such further time allowed by the court, the board shall transmit to the court a certified copy of the entire record of the proceeding before the board. By stipulation of all parties to the review proceeding, the record may be shortened. If the record is shortened by stipulation, the court may subsequently require additional portions of the record certified.
III. The review of the court shall be confined to the record. No evidence shall be received in the court. The court may require oral argument or written briefs, or both.
IV. The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court shall reverse or modify the decision of the board, or remand the case for further proceedings, as determined by the court, only if the substantial rights of the appellant had been prejudiced because the administrative findings, inferences, or conclusions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of statutory authority;
(c) Made upon unlawful procedures;
(d) Clearly erroneous in view of the substantial evidence on the whole record; or
(e) Affected by other error of law.
Otherwise the court shall affirm the board’s decision.
II. Within 60 days after the service of the notice of appeal upon the board, or within such further time allowed by the court, the board shall transmit to the court a certified copy of the entire record of the proceeding before the board. By stipulation of all parties to the review proceeding, the record may be shortened. If the record is shortened by stipulation, the court may subsequently require additional portions of the record certified.
Terms Used In New Hampshire Revised Statutes 273:11-d
- 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.
- 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.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
III. The review of the court shall be confined to the record. No evidence shall be received in the court. The court may require oral argument or written briefs, or both.
IV. The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court shall reverse or modify the decision of the board, or remand the case for further proceedings, as determined by the court, only if the substantial rights of the appellant had been prejudiced because the administrative findings, inferences, or conclusions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of statutory authority;
(c) Made upon unlawful procedures;
(d) Clearly erroneous in view of the substantial evidence on the whole record; or
(e) Affected by other error of law.
Otherwise the court shall affirm the board’s decision.