Section Env-C 204.10 - Pre-hearing Exchange of Information(a) Unless otherwise agreed to at a prehearing conference, more than one week prior to the commencement of an oral adjudicative hearing each participant shall provide the following to each other participant: (1) A list identifying each witness the participant expects to call at the hearing with a brief description of that witness's anticipated testimony; and(2) A list of the exhibits the participant expects to present at the hearing.(b) If a participant wishes to obtain information other than that specified in (a), above, from another participant, the requesting participant shall request the information in writing and shall deliver the request to the presiding officer and the other participants as provided in Env-C 204.08.(c) Requests pursuant to (b), above, shall be limited to information directly related to the matter for which the proceeding is being conducted.(d) A participant receiving a request for information pursuant to (b), above, shall respond to the request within 10 days by:(1) Providing the information requested;(2) Explaining why the information will not be provided; or(3) Identifying a date and time when the information can be made available for inspection, which date and time shall be sufficiently in advance of the hearing on the matter that the information can be reasonably reviewed prior to the hearing.(e) A participant who has received a request for information pursuant to (b), above, may decline to provide information that the participant believes is: (3) Not directly related to the matter at hand; or(4) Excessively burdensome to produce.(f) If a participant declines to provide information pursuant to (e), above, the explanation provided pursuant to (d)(2), above, shall include a detailed explanation of the reason(s) why the information is not being provided.(g) A participant who has requested information pursuant to (b), above, that is not provided may request the presiding officer to require the participant of whom the information was requested to provide the information. Such requests shall be in the form of a written motion that is filed and handled in accordance with Env-C 204.17.(h) The participant shall file a motion pursuant to (g), above, within 7 days of receiving the denial of the information under (e), above, but no later than 5 days prior to the scheduled hearing. No motion shall be accepted within 5 days before a scheduled hearing unless the presiding officer determines that good cause exists for the late filing. For purposes of this paragraph, good cause shall mean that the participant requesting the information did not discover the existence of the information in time to request the information, receive the denial, and file a timely motion and could not have discovered the existence of the information with reasonable diligence.(i) If in ruling on a motion filed pursuant to (h), above, the presiding officer determines that the requesting participant will be materially prejudiced in the case being heard by the lack of the requested information, and the participant asked to provide the information fails or refuses to provide it, the presiding officer shall fashion such remedy as is appropriate to the circumstances, including:(1) Delaying the hearing until the information is provided;(2) Ruling that such information shall not be admissible at the hearing on the matter or in any subsequent proceeding on the matter, unless the information is already a matter of public record; or(3) Finding in favor of the requesting participant.N.H. Code Admin. R. Env-C 204.10
#6960, eff 3-25-99; ss by #8851-A, eff 3-25-07