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2017 New Hampshire Revised Statutes
Title XXXI - TRADE AND COMMERCE
Chapter 357-D - NEW MOTOR VEHICLE ARBITRATION
Section 357-D:6 - Appeal From Board's Decision.
Universal Citation: NH Rev Stat § 357-D:6 (2017)
357-D:6 Appeal From Board's Decision. –
I. The decision of the board shall be final and shall not be modified or vacated unless, on appeal to the superior court, a party to the arbitration proceeding proves, by clear and convincing evidence, that:
(a) The award was procured by corruption, fraud or other undue means.
(b) There was evident partiality by the board or corruption or misconduct by the board prejudicing the rights of any party.
(c) The board exceeded its powers.
(d) The board refused to postpone a hearing after being shown sufficient cause to do so, refused to hear evidence material to the controversy, or otherwise conducted the hearing contrary to the rules adopted by the board so as to prejudice substantially the rights of a party.
II. A party to the arbitration proceeding shall not pursue an appeal until a final decision has been rendered by the board. Any appeal shall be filed with the superior court within 30 days of the date of the written board decision.
I. The decision of the board shall be final and shall not be modified or vacated unless, on appeal to the superior court, a party to the arbitration proceeding proves, by clear and convincing evidence, that:
(a) The award was procured by corruption, fraud or other undue means.
(b) There was evident partiality by the board or corruption or misconduct by the board prejudicing the rights of any party.
(c) The board exceeded its powers.
(d) The board refused to postpone a hearing after being shown sufficient cause to do so, refused to hear evidence material to the controversy, or otherwise conducted the hearing contrary to the rules adopted by the board so as to prejudice substantially the rights of a party.
II. A party to the arbitration proceeding shall not pursue an appeal until a final decision has been rendered by the board. Any appeal shall be filed with the superior court within 30 days of the date of the written board decision.
Source. 1991, 222:1. 1994, 220:6, eff. Jan. 1, 1995.
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