Section Env-WtC 206.04 - Testimony(a) All testimony to issues of fact presented by the parties and other witnesses shall be made under oath or affirmation.(b) Any individual testifying before the council shall state for the record his or her name, address, and if a representative of a party, the identity of the party so represented.(c) Any individual testifying before the council shall be subject to cross-examination as provided in (f), below.(d) Whenever it appears that testimony to be offered at the hearing would be more readily understood if presented in written form, the presiding officer shall require the party offering such testimony to submit the testimony in written form, provided such requirement will not substantially prejudice the interests of any party in the hearing. Upon request of the party who has been requested to submit written testimony, the presiding officer shall direct that the record be held open after the close of the hearing or that the hearing be continued to a later date for the sole purpose of allowing sufficient time to prepare the written submission. All persons offering testimony in written form shall be subject to cross-examination as provided in (f), below.(e) Unless otherwise agreed at a prehearing conference, direct testimony shall be offered in the following order: (1) The person who filed the notice of appeal and such witnesses as the person may call;(2) The department and such witnesses as the department may call; and(3) Intervenor(s) and such witnesses as the intervenor(s) may call.(f) If the presiding officer, members of the council, or legal counsel to the council have questions regarding a witness's testimony, the individual having the question shall cross-examine the witness during or at the conclusion of the testimony of that witness, as allowed by the presiding officer. The presiding officer shall allow other parties or their representatives a reasonable opportunity to cross-examine each witness. Cross-examination shall be by asking questions directly of the witness, so long as such direct questioning is not disruptive to the orderly conduct of the hearing. If the presiding officer determines that such cross-examination is disruptive to the orderly conduct of the hearing, then the presiding officer shall require the cross-examination to be conducted indirectly, by addressing questions to the witness through the presiding officer.N.H. Code Admin. R. Env-WtC 206.04
#8534, eff 12-30-05; ss by #9347, eff 12-10-08