Section Frl 207.12 - Methods of ProceedingThe method of proceeding under this part shall be determined as follows:
(a) Where facts material to the subject matter of the proceeding are in dispute, and personal observation of witnesses or the immediate opportunity for cross-examination of witnesses is necessary or desirable, the proceeding shall, to that extent, consist of a trial-type evidentiary hearing with an opportunity for the subsequent submission of memoranda;(b) Where facts material to the subject matter of the proceeding are in dispute, but personal observation of the witnesses or the immediate opportunity for cross-examination of witnesses is not required, some or all of the proceeding may, to that extent, consist of the subsequent submission of affidavits and memoranda;(c) Where no facts material to the subject matter of the proceeding are in dispute, the proceeding shall to that extent be limited to the submission of memoranda wherein are argued the conclusions the parties wish the board to draw from said facts.(d) Oral argument other than a brief opening and a closing statement shall be permitted only when requested in a written motion which demonstrates a substantial need for such a procedure. Written argument in the form of legal briefs or memorandum shall be permitted subject to such filing schedules established by the board.(e) The foregoing paragraphs shall not limit the board's authority to structure a proceeding in a manner suitable to its subject matter and recognized due process requirements, or to require the submission of additional data at any time.(f) As applicable, an order scheduling supplemental argument or hearing, or otherwise reopening the record, shall be issued by the presiding officer or board at any time prior to the issuance of a final order in a proceeding.N.H. Admin. Code § Frl 207.12
#9949-A, eff 6-24-11 (from Frl 206.11 )