Section Ed 209.06 - Trial-type Evidentiary ProceedingsProceedings shall consist of submission of memoranda and trial-type evidentiary sessions at which:
(a) All evidence shall be adduced in the presence of the hearing officer.(b) All witnesses giving testimony shall first be administered an oath or affirmation by the hearing officer.(c) Exhibits shall be sequentially identified and numbered for each party. At the time the exhibit is marked for identification, the party offering the exhibit shall provide an original, a copy for each party, and a copy for the department, if practicable. No reference shall be made to an exhibit, other than to mark it for identification, before the hearing officer has accepted it into evidence.(d) Should the hearing officer determine that the subject matter of the proceeding is so complex, and that no party will be prejudiced thereby, the hearing officer shall require that the direct testimony of specific witnesses be prepared in writing by the party offering that direct testimony.(e) Written testimony shall be subscribed under oath or affirmation by the witness, and served upon all parties at least 15 days before the first formal evidentiary session of the proceeding. Such written testimony shall not be in lieu of testimony under oath at hearing, so as to afford an opportunity for cross examination on oral and written testimony.(f) If no other party will be prejudiced by the introduction of written testimony, a party may elect to submit such written testimony without an order, but this election shall require no other party to do so. Written direct testimony so distributed shall be marked as an exhibit, and shall be received into evidence before the witness is cross-examined upon the contents of the exhibit.(g) Written testimony offered in lieu of oral testimony at hearing shall be permitted provided that there is no material prejudice to the other parties.(h) Unless otherwise provided by statute or the rules, the petitioner or intervenor shall first adduce all evidence necessary to support its claim. The respondent shall then adduce any evidence desired in defense of the claim, or as directed in the order of notice. The petitioner or intervenor shall then adduce any evidence desired in rebuttal.(i) The party who calls a witness shall first examine the witness. The party first calling the witness may re-examine the witness, but only concerning those matters raised in cross-examination.(j) The hearing officer shall accept closing legal memoranda and requests for findings of fact and rulings of law from all parties and intervenors up to 30 days after the close of the hearing unless otherwise provided by law. Such memoranda shall be limited to argument on the evidence presented. Separate requests for findings of fact and conclusions of law which the parties wish the hearing officer to reach shall not exceed 50 pages in length.(k) Upon expiration of the time for filing closing legal memoranda and requests for finding of fact and rulings of law, the hearing record shall be closed, and the hearing officer shall proceed to a proposed decision. The hearing officer shall reopen the record, at any time prior to a decision, upon appropriate notice to all parties if the hearing officer determines that there is new evidence that was not available at the time of the hearing and that is required to reach a fair and equitable decision.N.H. Admin. Code § Ed 209.06
#6348, eff 10-5-96, EXPIRED: 10-5-04
New. #8334-A, eff 4-23-05 (from Ed 210.08)