N.H. Admin. Code § Liq 205.12

Current through Register No. 45, November 7, 2024

Section Liq 205.12 - Notice and Conduct of Hearings

(a) Unless otherwise provided in this chapter all notices of hearings shall:

(1) Be prepared and forwarded to all parties or their representatives so as to afford all parties sufficient opportunity to prepare for and develop the issues to be considered and decided at the hearing; and

(2) Be forwarded to all parties or their representatives in sealed envelopes, either in the United States mails or by personal service.

(b) Scheduling of hearings shall be carried out in the following manner:

(1) Unless otherwise provided for by statute or rule, hearings shall be scheduled as soon as possible following the events giving rise to the necessity for the hearing;

(2) The date set shall allow sufficient and reasonable time for the preparation of the case by the agency and all other parties; and

(3) Upon written motion with good cause, which shall include, but shall not be limited to illness or injury to one of the parties, the presiding officer shall continue the hearing or reschedule it for a date later than that specified in the notice.

(c) Powers and duties of the presiding officer shall be to:

(1) Schedule and hold hearings;

(2) Regulate and control the course of hearings;

(3) Administer oaths or affirmations;

(4) Receive relevant evidence;

(5) Take official notice of facts which are of common knowledge and general notoriety;

(6) Dispose of procedural requests, including those of the parties or those made on the motion of the presiding officer;

(7) Hold informal conferences;

(8) Interview or examine witnesses;

(9) Cause a complete record of the proceeding to be made; and

(10) Take any other action, consistent with applicable statutes and rules necessary to conduct and complete the proceeding in a fair and timely manner.

(d) All parties shall have the opportunity to present testimonial and documentary evidence, cross examine adverse witnesses and make opening and closing statements.

(e) In all proceedings governed by this chapter that party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

(f) Introduction and admissibility of evidence shall be governed by the following:

(1) Hearings shall not be bound by the New Hampshire Rules of Evidence or the Federal Rules of Evidence;

(2) All relevant, reliable, and material evidence shall be admissible;

(3) Evidence which is irrelevant, immaterial or unduly repetitive, shall be excluded;

(4) Evidence may include, but not be limited to, depositions, affidavits, official documents, and testimony of witnesses;

(5) The presiding officer shall:

a. Officially notice facts;

b. So state in the official record; and

c. Allow any party, on a timely request, the opportunity to show the contrary;

(6) The chief of enforcement or his/her designee shall open the proceedings through presentation of his/her witnesses and exhibits;

(7) Such evidence shall include direct testimony from investigators of the commission enforcement division, if applicable;

(8) Members of the commission shall, if they have questions, ask them of the witnesses during or subsequent to direct cross-examination;

(9) The licensee shall present his/her testimony to the commission in a manner most beneficial to him or her;

(10) The licensee may present witnesses, his/her own statements or choose to provide a narrative presentation of his/her testimony;

(11) Members of the commission shall, if they have questions, ask them of the witnesses during or subsequent to direct cross-examination;

(12) Any party who intends to call witnesses to testify at an administrative hearing shall provide all other parties and the presiding officer with the following information, not less than 3 working days before the date of the hearing:

a. The number of witnesses to be called to testify;

b. The full name of each witness to be called;

c. The home address of each witness to be called; and

d. The capacity of employment of each witness to be called; and

e. The substance of witness testimony.

(13) Upon request, the chief of enforcement shall supply the licensee or their duly appointed representative with all reports and a list of any evidence which has been obtained during an investigation and which might be introduced at any administrative hearing against the licensee;

(14) A request pursuant to (13) above shall be made to the chief of enforcement in writing with a copy to the chairman of the commission;

(15) All hearings shall be recorded by means of audio and/or video recording devices; and

(16) Recorded results shall be maintained for a period of one year from the date of the final order.

(g) All adjudicative decisions of the commission shall:

(1) Be made on the basis of evidence of record only;

(2) Be based on a preponderance of the evidence record taking into account that the burden of proof is on the party alleging a fact or circumstance; and

(3) Take no account of any ex-parte communication of any kind made during the pendency of the proceeding.

(h) A written decision setting forth the finding of fact, and conclusions drawn by the presiding officer shall be prepared, and parties shall receive copies of the decisions and findings.

N.H. Admin. Code § Liq 205.12

#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

New. #8670-A, eff 7-1-06