N.H. Admin. Code § Cla 213.02

Current through Register No. 45, November 7, 2024
Section Cla 213.02 - Testimony and the Presentation of Non-Testimonial Evidence
(a) The chair shall direct the course of the hearing and accept testimony on the facts and the law relating to the claim.
(b) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual represents another person, the person being represented shall also be identified.
(c) The chair shall permit the parties and intervenors to make opening and closing arguments:
(1) If the board determines that such statements will increase the efficiency of the hearing; and
(2) At the time during the proceedings designated by the chair.
(d) The order of testimony and the presentation of non-testimonial evidence, to the extent that such testimony and non-testimonial presentation of evidence takes place, shall be as follows:
(1) The claimant's testimony and presentation of non-testimonial evidence as well as the testimony and presentation of non-testimonial evidence of the claimant's witnesses;
(2) Cross examination by the agency claimed against of a testifying claimant and the claimant's testifying witnesses;
(3) Questioning by the board of the testifying claimant and the claimant's testifying witnesses;
(4) The testimony and presentation of non-testimonial evidence given on behalf of the agency claimed against;
(5) Cross examination by the claimant of those testifying on behalf of the agency claimed against;
(6) Questioning by the board of those testifying on behalf of the agency claimed against; and
(7) Testimony and the presentation of non-testimonial evidence on behalf of intervenors in accordance with conditions imposed pursuant to RSA 541-A:32, III.
(e) The chair shall summarize for the record the information and allegations of the claim when it is apparent that the claimant is having difficulty presenting the claim in a distinct and coherent fashion. Under such circumstances the claimant shall have the opportunity to augment the chair's summarization with such additional admissible evidence or information as does not otherwise exist in the pleadings or the record.

N.H. Admin. Code § Cla 213.02

#8509, eff 12-09-05