N.H. Admin. Code § Mvi 206.01

Current through Register No. 2, January 9, 2025

Section Mvi 206.01 - Prehearing Conferences

(a) The prehearing conference shall be scheduled within the time period specified by RSA 357-C:12, IV. The commissioner shall then schedule a hearing after consultation with the parties provided that, in no case, shall the prehearing conference be scheduled more than 90 days after the receipt of the protest by the board.

(b) The prehearing conference shall be held by the commissioner or a person designated by the commissioner. No other person shall be allowed to attend the prehearing except the parties, and their counsel.

(c) The commissioner shall provide notice to the parties of:

(1) The date, time, and location of the prehearing conference;

(2) Any documents that the parties will be required to exchange at the conference; and

(3) The issues to be reviewed at the prehearing conference.

(d) The prehearing conference shall:

(1) Address the possibilities for settlement of the entire case; and

(2) Settle issues which can be agreed upon prior to hearing, including but not limited to:

a.The scope of the hearing; and

b.Limits and scheduling of discovery for issues which are proceeding to hearing.

(e) The commissioner shall take under advisement and issue a final determination of any issues which are raised at the prehearing conference. Such determinations shall be confidential and only available to the designee, the parties, and their counsel.

(f) The commissioner shall resolve all issues related to the prehearing conference which are submitted after completion of the conference, including but not limited to, any discovery motion, scheduling motion, or other motions regarding prehearing issues.

(g) If the parties are unable to resolve their issues without a hearing, the protested matter shall be placed on the board's hearing calendar for resolution within 90 days of the prehearing conference unless another date is agreed to by the parties.

N.H. Admin. Code § Mvi 206.01

#6651, eff 12-10-97; ss by #6980, eff 4-21-99, EXPIRED: 4-21-07

New. #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07