New Hampshire Revised Statutes 282-A:65 – Reversal, Modification or Affirmation
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The appellate board shall not substitute its judgment for that of the commissioner or appeal tribunal as to the weight of the evidence on questions of fact, or as to the prudence or desirability of the determination. The appellate board shall reverse or modify the decision or remand the case for further proceedings only if the substantial rights of the appellant had been prejudiced because the findings, inferences, conclusions, or the decision is:
I. In violation of constitutional or statutory provisions; or
II. In excess of the statutory authority of the department of employment security; or
III. Affected by reversible error of law; or
IV. Affected by fraud; or
V. Affected by the absence of newly discovered evidence, which was not available to the affected party upon reasonable search at the time of the first level hearing, in which case the appeal shall be remanded to the appeal tribunal.
Otherwise, the appellate board shall affirm the order.
I. In violation of constitutional or statutory provisions; or
Terms Used In New Hampshire Revised Statutes 282-A:65
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
II. In excess of the statutory authority of the department of employment security; or
III. Affected by reversible error of law; or
IV. Affected by fraud; or
V. Affected by the absence of newly discovered evidence, which was not available to the affected party upon reasonable search at the time of the first level hearing, in which case the appeal shall be remanded to the appeal tribunal.
Otherwise, the appellate board shall affirm the order.