Section He-Hea 208.12 - Methods of Proceeding(a) At least 7 days before the proceeding, all parties shall serve, upon all other parties, a list giving the name and address of all witnesses intended to be called during the proceeding, and a list briefly identifying all exhibits intended to be offered during the proceeding.(b) Testimonial, documentary and physical evidence shall be presented to the board for incorporation into the docketed file clearly marked as numbered exhibits.(c) At the time an exhibit is presented, the party offering the exhibit shall provide an original for the record and copies for all parties and members of the board.(d) No reference shall be made to an exhibit, other than to mark it for identification, before the presiding officer has accepted it into evidence.(e) Documentary evidence shall be received in the form of photographic copies. The board shall accept excerpts of documents as evidence, if the party submitting such evidence provides written notice to the board stating the reasons why the entire document is not or should not be made available. Upon request, the board and parties shall be given an opportunity to compare the copies or excerpts with the original documentary evidence.(f) The presiding officer shall cause all direct testimony of all witnesses to be prepared in writing if it is determined upon a motion or upon the presiding officer's own initiative that: (1) The subject matter of the proceeding is complex; and(2) No party shall be prejudiced thereby.(g) Written testimony shall be accepted by the board at least 7 days before the proceeding providing it is served upon all parties.(h) No new witness shall testify and no new exhibits shall be offered, at any session of a proceeding unless the witness or exhibit has been accepted by the presiding officer.(i) Upon the conclusion of the proceeding and subject to times specified by RSA 151-C:8, VIII the board shall close the record and proceed to a decision on the subject matter of the proceeding.(j) The parties may submit to the board a memorandum containing: (1) Argument on the evidence;(2) The facts to be found from that evidence;(3) The application of those facts to the legal issues; and(4) The conclusions of law which the party wishes the board to reach.(k) The entirety of all oral proceedings shall be recorded verbatim by tape recording or transcription. If a tape recording is employed, a copy of the tape shall be made and kept on file in the office of health services planning and review, department of health and human services, for public inspection.(l) Public inspection and/or requests for copies of the record shall be processed according to RSA 91-A:4, IV.(m) Upon request of any person the tape recording of the proceedings shall be copied by way of re-recording or transcribed by a reporter if the person(s) requesting a recorded copy of the tape recording or a transcript shall first pay the cost of an original.N.H. Admin. Code § He-Hea 208.12
#7139, eff 11-23-99, EXPIRED: 11-23-07
New. #9075-A, eff 1-24-08