Section Dec 204.08 - Evidence; Official Notice in Contested Cases(a) All testimony of parties and witnesses shall be made under oath or affirmation.(b) As provided in RSA 541-A:33, II, the rules of evidence shall not apply in adjudicative proceedings before the committee.(c) Any oral or documentary evidence may be received, but the committee shall exclude irrelevant, immaterial or unduly repetitious evidence.(d) The committee shall give effect to the rules of privilege recognized by law.(e) Objections to evidence offered may be made and shall be noted in the record.(f) Any party shall be permitted to conduct cross-examination required for a full and true disclosure of the facts.(g) As provided in RSA 541-A:33,V, official notice may be taken of any one or more of the following:(1) Any fact that could be judicially noticed in the courts of this state;(2) The record of other proceedings before the committee;(3) Generally recognized technical or scientific facts within the committee's specialized knowledge;(4) Codes, regulations, requirements, or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association; and(5) The record of proceedings before the Nuclear Regulatory Commission or other federal agencies, commissions, or boards, and publications of the United States.(h) The committee shall notify parties either before or during the hearing, or by reference in preliminary notices or otherwise, of the material given official notice.(i) The committee shall afford parties an opportunity to contest the material so noticed.(j) The committee's experience, technical competence and specialized knowledge shall be used in the evaluation of the evidence pursuant to RSA 541-A:33, VI.N.H. Admin. Code § Dec 204.08
#4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08