Section Env-C 204.16 - Evidence(a) Evidence that is relevant and material to the subject matter of the adjudicative proceeding in which it is offered shall be admissible.(b) Whenever necessary for a full and fair consideration of the matter, the presiding officer shall take official notice in accordance with RSA 541-A:33, V.(c) The presiding officer or designee shall mark all documents, materials, and objects accepted as exhibits with the docket number and a number or other notation to identify the exhibits in a sequential manner.(d) If the original of a document is not readily available, the documentary evidence shall be received in the form of copies or excerpts.(e) All written testimony and documents, materials, and objects admitted into evidence at an oral adjudicative hearing shall be made available during the course of the hearing for examination by any participant. After the hearing, all such evidence shall be available for review in accordance with Env-C 210.05.(f) In any proceeding involving an application, the division shall place into evidence the application, including any plans or other attachments and any amendments thereto but excluding any information determined to be confidential business information pursuant to Env-C 208.(g) Any person who objects to a ruling of the presiding officer regarding evidence or procedure made during an oral adjudicative hearing shall state the objection and the grounds therefor at the time the ruling is made. Any person who objects to a ruling of the presiding officer regarding evidence or procedure made at a time other than during an oral adjudicative hearing shall file a written objection to the ruling in the form of a motion within 5 state business days of the date of the ruling. Nothing herein shall be construed as independent authorization for interlocutory appeal of rulings of the presiding officer on issues of evidence or procedure.N.H. Code Admin. R. Env-C 204.16
#6960, eff 3-25-99; ss by #8851-A, eff 3-25-07