Section Env-WtC 205.06 - Pre-hearing Exchange of Information(a) Unless otherwise agreed at a prehearing conference, more than one week prior to the commencement of a hearing the participants shall exchange the following: (1) A list identifying each witness expected to be called at the hearing with a brief description of that witness's testimony;(2) A list of all exhibits expected to be presented at the hearing; and(3) 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.(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 file a copy of the request with the appeals clerk and serve a copy on the participant from whom the information is sought.(c) Requests pursuant to (b), above, shall be limited to information directly related to the matter for which the hearing will be 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-WtC 205.01.(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" means 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) The presiding officer shall grant a motion filed pursuant to (h), above, if the presiding officer determines that:(1) The information is directly related to the matter at hand such that the requesting participant will be materially prejudiced in the case by the lack of the requested information; and(2) The information is not confidential, privileged, or excessively burdensome to produce.(j) If the presiding officer grants the motion and the participant asked to provide the information fails or refuses to provide it, the presiding officer shall: (1) Delay the hearing until the information is provided;(2) Rule 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) Refer the matter to the council for a determination of whether the requesting participant cannot reasonably present its case without the requested information. If the council finds that the requesting participant cannot reasonably present its case without the requested information, the council shall find in favor of the requesting participant on the matter(s) sought to be proved by the requested information.(k) For purposes of this section, in making a determination of whether it would be excessively burdensome to produce requested records, the presiding officer shall consider:(1) The volume of records requested;(2) The amount of time that would be needed to find, organize, and copy the records; and(3) The relevance of the requested records to the subject matter of the appeal.N.H. Code Admin. R. Env-WtC 205.06