§ 273:11-c — Appeal

I. A person on whom the commissioner has imposed a penalty pursuant to RSA 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.

Legislative History

1983, 389:1, eff. Aug. 21, 1983.