New Hampshire § 400-A-17 - Section 400-A:17 Hearings.

§ 400-A-17. Section 400-A:17 Hearings.

I. Except as otherwise provided in this section or other applicable law that requires a hearing, the commissioner may hold hearings for any purpose within the scope of this title as the commissioner may deem advisable. II. The commissioner shall hold a hearing: (a) If required by any provision of this title; or (b) Upon written application for a hearing by a person aggrieved by any act or impending act, or by any report, rule, regulation, or order of the commissioner (other than an order for the holding of a hearing, or order on a hearing, or pursuant to such order, of which hearing such person had notice) if the application meets the requirements of paragraph III. III. Any such application must be filed with the commissioner within 30 days after such person knew or reasonably should have known of such act, impending act, failure, report, rule, regulation, or order, unless a different period is provided for by other applicable law, and in which case such other law shall govern. The application shall briefly state the respects in which the applicant is so aggrieved, together with the ground to be relied upon for the relief to be demanded at the hearing. If there are exigent circumstances, the applicant shall request an expedited hearing in accordance with paragraph IV. The commissioner may require that the application be signed and sworn to by a person competent to be a witness in civil courts. The application for a hearing shall be scheduled for an initial hearing within a reasonable time not to exceed 60 days from the date of receipt of the application. An applicant may request additional time to be heard on the matter by notifying the commissioner of such a request in writing. If the commissioner finds the application does not comply with this paragraph or is meritless, the commissioner shall deny the hearing request, in which case the original ruling shall be the final order, appealable under RSA 400-A:24. IV. Exigent Circumstances. If the commissioner finds that the application is timely, made in good faith, and that the applicant would be irreparably harmed if an expedited hearing is not held, the commissioner shall hold a hearing within 30 days after receipt of the application, unless the hearing is continued by order of the commissioner or the commissioner's designee. An applicant shall request an expedited hearing by clearly referencing this paragraph in the application filed under paragraph III in order to be heard within 30 days of filing. V. If requested, pending the hearing and decision thereon, the commissioner or the commissioner's designee may suspend, postpone, or stay the effective date of his or her previous action.