Section Ec-Air 203.14 - Hearings(a) The presiding officer shall as necessary: (1) Regulate and control the course of a hearing;(2) Administer oaths and affirmations;(3) Receive relevant evidence at hearings and exclude irrelevant, immaterial, or unduly repetitious evidence; and(4) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion.(b) At least 20 days prior to a hearing, the presiding officer shall issue a written notice that complies with Ec-Air 203.06 and includes:(1) The information required by RSA 541-A:31, III;(2) Instructions on marking exhibits for the hearing, if applicable; and(3) Any other information that the presiding officer deems necessary to the orderly conduct of the hearing.(c) Unless otherwise agreed to at a prehearing conference, each party to an appeal shall, at any hearing, provide 15 hard copies of all exhibits that the party plans to introduce at the hearing.(d) Unless otherwise agreed to at a prehearing conference, hearing testimony shall be offered in the following order:(1) The appellant and such witnesses as the appellant calls;(2) The department and such witnesses as the department calls; and(3) Intervenors and such witnesses as the intervenors call.(e) At any time prior to the issuance of a decision on the merits of an appeal, the presiding officer shall, on his or her own initiative or on the motion of any party, reopen the record to receive relevant, material, and non-duplicative evidence that was not available to the proponent of the evidence at the time of the hearing and that is necessary to a full and fair consideration of the appeal.N.H. Admin. Code § Ec-Air 203.14
Derived from Number 23, Filed June 8, 2023, Proposed by #13642, Effective 5/23/2023 (See Revision Note at chapter heading for Ec-Air 200).