N.H. Code Admin. R. Env-C 204.23

Current through Register No. 25, June 20, 2024
Section Env-C 204.23 - Reopening of the Record
(a) At any time prior to the issuance of the decision on the merits of the issue(s) that form the subject of the adjudicative proceeding, the presiding officer on his/her own motion or on the motion of any participant shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, or arguments not previously received.
(b) If a request to reopen the record is not made while all participants are in attendance at an oral adjudicative hearing, the requesting participant shall put the request in writing and file the request with the presiding officer and serve the request on each other participant in accordance with Env-C 204.08.
(c) If the presiding officer determines that such testimony, evidence, or arguments are necessary to a full consideration of the subject of the proceeding, the presiding officer shall reopen the record to accept the offered items.
(d) To reopen the record, the presiding officer shall:
(1) Give written notice of such further proceedings if the participants are no longer present;
(2) Notify other interested persons in a manner as is appropriate to ensure that reasonable notice is given of the further proceedings; and
(3) Notify the other participants of the deadline by which they may respond to or rebut the items made part of the record.

N.H. Code Admin. R. Env-C 204.23

#8851-A, eff 3-25-07