Cited by
Opinions in New Hampshire that cite Appeal of Dell, 668 A.2d 1024.
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Appeal of The Lawson Group & a.
N.H. 2022
had a conflict of interest, entertained ill-will towards [The Lawson Group], or unalterably prejudged the facts.” Appeal of Dell, 140 N.H. 484, 497 (1995).
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Explained
Appeal of Rye School District
N.H. 2020
articulated in” Appeal of Dell.
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Appeal of Aaron Geller, M.D.
N.H. 2019
RSA 541:13 (2007); Appeal of Dell, 140 N.H. 484, 487-88 (1995).
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Ron L. Beaulieu & Company v. New Hampshire Board of Accountancy
212 A.3d 929
N.H. 2019
The superior court’s task was not to determine whether it would have found differently or to reweigh the evidence, but rather to determine whether the findings were supported by competent evidence in the record.
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Appeal of Kasey L. Dillon, P.A. & a.
N.H. 2019
Appeal of Dell, 140 N.H. 484, 487-88 (1995); RSA 541:13 (2007).
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Brentwood Distribution, LLC v. Town of Exeter
N.H. 2016
Appeal of Dell, 140 N.H. 484, 497 (1995) (concluding that, because there was “nothing in the statutory language prohibiting consideration of [certain] factors in a reinstatement proceeding,” the New Hampshire Board of Registration in Medicine “may, in its discretion, determine that such conduct is relevant to the issue of a physician’s profession
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Appeal of Boulard
75 A.3d 1151
N.H. 2013
Appeal of Dell, 140 N.H. 484, 493 (1995) (‘While [a hearing officer’s] findings and conclusions are entitled to weight, they may be accepted, rejected, or modified by the board.” (citations omitted)); N.H. Admin.
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Appeal of Pennichuck Water Works, Inc.
992 A.2d 740
N.H. 2010
Administrative officials who serve in an adjudicatory capacity are presumed to be of conscience and capable of reaching a just and fair result.
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Appeal of Hopkinton School District
862 A.2d 45
N.H. 2004
*482 The board may examine the entire written record in this case and accept, reject or modify the hearing officer’s findings of fact and conclusions of law.
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Simonsen v. Town of Derry
765 A.2d 1033
N.H. 2000
In light of these comments, we conclude that a construction of the statute permitting municipalities to charge impact fees without adopting an impact fee ordinance, and thus perpetuating the lack of uniformity, would be illogical.
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State v. Rattee
761 A.2d 1076
N.H. 2000
“Because we conclude that federal law is not more favorable to the petitioner, we make no separate federal analysis.” Appeal of Dell, 140 N.H. 484, 492, 668 A.2d 1024, 1031 (1995) (quotation omitted); see Withrow v. Larkin, 421 U.S. 35, 47 (1974).
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Appeal of Morgan
742 A.2d 101
N.H. 1999
Such comments are not prohibited by the relatively greater informality accorded to agency proceedings, where the evidence is mainly documentary rather than testimonial, cf. Appeal of Plantier, 126 N.H. 500, 508, 494 A.2d 270, 274 (1985), and capable of independent evaluation by the board using its expertise, cf. Appeal of Dell, 140 N.H. 484, 496, 668 A.2d 1024, 1033-34 (1995); Petition of Grimm, 138 N.H at 53, 635 A.2d at 464.
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McKay v. New Hampshire Compensation Appeals Board
732 A.2d 1025
N.H. 1999
“Administrative officials [who] serve in an adjudicatory capacity are presumed to be of conscience and capable of reaching a just and fair result.” Appeal of Dell, 140 N.H. 484, 492, 668 A.2d 1024, 1032 (1995) (quotation omitted).
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Appeal of Trotzer
719 A.2d 584
N.H. 1998
We address Dr. Trotzer’s State constitutional claims first, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only as an aid to our analysis, Appeal of Dell, 140 N.H. 484, 491, 668 A.2d 1024, 1031 (1995).
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In re Preisendorfer
719 A.2d 590
N.H. 1998
[or] abused its discretion.” Appeal of Dell, 140 N.H. 484, 487-88, 668 A.2d 1024, 1029 (1995) (quotation and brackets omitted).
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In re Ryan G.
707 A.2d 134
N.H. 1998
is limited to whether the agency acted illegally with respect to jurisdiction, authority or observance of the law, whereby it arrived at a conclusion which could not legally or reasonably be made, or abused its discretion or acted arbitrarily, unreasonably, or capriciously.” Appeal of Dell, 140 N.H. 484, 488, 668 A.2d 1024, 1029 (1995) (quotation, brackets, and ellipsis omitted).
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Appeal of Rowan
694 A.2d 1002
N.H. 1997
The petitioner further argues that there was no evidence presented at the public hearing to support the board’s finding of professional misconduct.
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Appeal of City of Keene
693 A.2d 412
N.H. 1997
Whether viewed as a petition or an appeal, the case is timely before us, see Petition of Ellis, 138 N.H. 159, 160-61, 636 A.2d 62, 63 (1993), and the “only slightly” differing standards of review would not affect the outcome in this instance, Appeal of Dell, 140 N.H. 484, 487-88, 668 A.2d 1024, 1029 (1995).
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Appeal of Grimm
692 A.2d 508
N.H. 1997
“Because we conclude that federal law is not more favorable to the petitioner, we make no separate federal analysis.” Appeal of Dell, 140 N.H. 484, 492, 668 A.2d 1024, 1031 (1995) (quotation omitted); see Withrow v. Larkin, 421 U.S. 35 (1974).
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Hampton Beach Casino, Inc. v. Town of Hampton
674 A.2d 979
N.H. 1996
Appeal of Dell, 140 N.H. 484, 488, 668 A.2d 1024, 1029 (1995) (citation and quotation omitted).