Section He-Hea 208.10 - Evidence(a) The board's proceedings shall not be conducted under the rules of evidence. All data which will reasonably assist the board to arrive at the truth, shall be admissible. Evidentiary privileges recognized by law in New Hampshire shall also apply to proceedings under this chapter.(b) All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer that the testimony the witness is about to provide is true and correct to witness' best knowledge and belief under penalty of perjury.(c) Data which will reasonably assist the board in arriving at the truth shall be admissible, but data which is irrelevant, immaterial or unduly repetitious shall be excluded. The factual information contained in all documents submitted to the board, affirmed in accordance with He-Hea 206.01 shall be evidence considered by the board.(d) Oral testimony shall be presented unless the board, upon a finding that written evidence would be more efficient and would not result in material prejudice, orders that some or all of the evidence be submitted in written form.(e) If the board officially notices a fact, it shall so state, and permit any party, upon timely request, the opportunity to show the contrary.(f) Official notice shall be taken of any one or more of the following: (1) Any fact which could be judicially noticed in the courts of this state;(2) The record of other proceedings before the board;(3) Generally recognized technical or scientific facts within the board's specialized knowledge; and/or(4) Codes or standards that have been adopted by the board, an agency of the United States, of this state or of another state, or by a nationally recognized organization or association.(g) The board's experience, technical competence and specialized knowledge shall be utilized in the evaluation of the evidence. Members of the board may ask questions of any witness and request that any party or other person submit documents relevant to the board's decision with regard to any petition, motion, application or other adjudicative proceeding.(h) The board may engage consultants to review any matter pending before the board and provide information to the board. Any information provided to the board by such consultants shall be entered as evidence into the record of the proceedings and all parties shall have the opportunity to rebut such evidence.(i) The board shall cause an electronic or stenographic record to be made of hearings and pre-hearing conferences. This record shall be transcribed upon the request of a party who pays the estimated cost of transcription in advance. However, if the board elects to transcribe some or all of the record for its own use, the transcribed portions shall be included in the public docket file and be available to the public for the costs for copying.N.H. Admin. Code § He-Hea 208.10
#7139, eff 11-23-99, EXPIRED: 11-23-07
New. #9075-A, eff 1-24-08