N.H. Code Admin. R. Env-WtC 205.04

Current through Register No. 25, June 20, 2024

Section Env-WtC 205.04 - Notice of Prehearing Conference

(a) The appeals clerk shall send written notice of the prehearing conference to each person on the service list.

(b) The notice sent pursuant to (a), above, shall state:

(1) The date, time, and location of the prehearing conference, provided however that the date shall be no sooner than 20 days from the date of the notice sent pursuant to Env-WtC 204.03(d);

(2) That the parties should be prepared to discuss:

a.Simplification of the issues in the appeal;

b.Stipulations or admissions to facts;

c.The identification of each witness expected to be called at the hearing, with a brief description of that witness's testimony;

d.All exhibits expected to be presented at the hearing;

e.Any requests for changes to or waivers of the standard procedures as specified in these rules or other matters concerning the conduct of the hearing;

f.The burden and standard of proof; and

g.Any other matter that may aid in the disposition of the appeal, including settlement; and

(3) That in addition to the matters noted in (b)(2), above, the following may be determined as a result of the discussion held at the prehearing conference:

a.When the hearing will be held;

b.The time allotted for each party's presentation at the hearing; and

c.The order of the parties' presentations at the hearing.

(c) The council shall cause prehearing conferences to be recorded, provided however that if all parties consent to discuss possible settlement off the record in lieu of or prior to conducting the prehearing conference, the settlement discussion shall not be recorded.

N.H. Code Admin. R. Env-WtC 205.04

#6652-B, eff 12-12-97, EXPIRED: 12-12-05

New. #8534, eff 12-30-05; ss by #9214, INTERIM, eff 7-23-08; ss by #9347, eff 12-10-08