Section Env-C 204.22 - Close of the Record(a) In an adjudicative proceeding, the presiding officer shall not accept any evidence, testimony, exhibits, or arguments into the record, except as allowed by (b), below, or pursuant to Env-C 204.23, after:(1) The conclusion of an oral adjudicative hearing; or(2) The date specified pursuant to Env-C 204.11(b) for submittal of written testimony, evidence, and argument in a record hearing.(b) Prior to the conclusion of an adjudicative oral hearing, a participant may request that the record be left open for a specified period of time to accommodate the filing of evidence, exhibits, or arguments not available at the hearing. If the other participants have no objection or if the presiding officer determines that such material is necessary to a full consideration of the issues raised in the appeal, the presiding officer shall designate a specific time period for the record to remain open to receive the material.(c) The participant filing such additional material shall also serve a copy of all material filed to each other participant in accordance with Env-C 204.08.(d) If any other participant requests time to respond to the material submitted, the presiding officer shall set a specific time period following filing of the material for the filing of a response. If any other participant requests the opportunity to cross-examine on the additional material submitted, the presiding officer shall set a date and time for an oral adjudicative hearing at which cross-examination on the additional material shall be allowed, if the presiding officer determines that cross-examination on the additional material is required for a full and true disclosure of the facts.(e) The determination to allow cross-examination shall be based on: (1) The nature of the factual and legal issues in dispute in the proceeding;(2) The testimony and evidence submitted during the hearing and any cross-examination thereon; and(3) The nature of the additional material to be submitted.N.H. Code Admin. R. Env-C 204.22
#6960, eff 3-25-99; ss by #8851-A, eff 3-25-07