400-A:23 Order on Hearing.
I. In the conduct of hearings under this title and making his order thereon, the commissioner shall act in a quasi-judicial capacity.
II. Within 90 days after termination of a hearing, or of any rehearing thereof or reargument thereon, or within such other period as may be specified in this title as to particular proceedings, the commissioner shall make his order on hearing covering matters involved in such hearing, and give a copy of the order to each party to the hearing in the same manner as notice of the hearing was given to such party; except, that as to hearings held with respect to merger, consolidation, bulk reinsurance, conversion, affiliation, or change of control of a licensed insurer as provided in RSA 401-B and RSA 403-A, where notice of the hearing was given to all who are stockholders or policyholders, or both, of an insurer involved, the commissioner is required to give a copy of the order on hearing to the corporation and insurer parties, to intervening parties, to a reasonable number of such stockholders or policyholders as representative of the class, and to other parties only upon written request of such parties.
(a) The order shall contain:
(1) A concise statement of facts found by the commissioner upon the evidence adduced at the hearing;
(2) A concise statement of the commissioner's conclusions from the facts so found;
(3) His order, and the effective date thereof; and
(4) Citation of the provisions of this title upon which the order is based; but failure to so designate a particular provision shall not deprive the commissioner of the right thereafter to rely thereupon.
(b) The order may affirm, modify, or rescind action theretofore taken or may constitute taking of new action within the scope of the notice of hearing.
Source. 1971, 244:1, eff. Aug. 17, 1971.