N.H. Admin. Code § Gal 212.06

Current through Register No. 50, December 12, 2024

Section Gal 212.06 - Reopening the Record

(a) If no written proposal for disposition pursuant to Gal 212.07(d) or decision pursuant to Gal 212.07(a) has been issued, any party may move to reopen the record for the inclusion in the record of specified evidence.

(b) If there is no objection from any party to a motion to reopen the record pursuant to (a) above, the motion shall be granted if:

(1) The evidence sought to be included in the record was not available at the time of the hearing; and

(2) The presiding officer determines that:

a. The evidence is relevant, material and non-duplicative;

b. The inclusion of the evidence in the record is necessary to a full and fair consideration of the issues to be decided; and

c. The inclusion of the evidence is not contrary to a statute, court order or order of the board or presiding officer relative to the confidentiality or dissemination of information.

(c) The hearing shall be reopened for the limited purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of whether or not the record shall be reopened if:

(1) There is an objection from a party to a motion to reopen the record pursuant to (a) above; and

(2) The presiding officer determines that the evidence may be necessary to a full and fair consideration of the issues to be decided.

(d) The presiding officer shall grant a motion to reopen the record pursuant to (a) above after a reopened hearing described in (c) above, if the presiding officer determines that:

(1) The evidence sought to be included in the record was not available at the time of the hearing;

(2) The evidence is relevant, material and non-duplicative;

(3) Its inclusion in the record is necessary to a full and fair consideration of the issues to be decided; and

(4) The inclusion of the evidence is not contrary to a statute, court order or order of the board or presiding officer relative to the confidentiality or dissemination of information.

(e) If the presiding officer permits the reopening of the record for the admission of specified evidence, the presiding officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving that specified evidence and permitting cross-examination and argument on the substance of that evidence.

N.H. Admin. Code § Gal 212.06

#8940, eff 9-15-07