Section Mvi 206.02 - Discovery(a) The discovery procedures, authorized for civil actions in the superior court, shall apply to hearings held by the board as specified by RSA 357-C:12, III. In all other cases, discovery shall be permitted as agreed to by the parties or as ordered by the commissioner following the prehearing conference.(b) If a protest is not settled at the prehearing conference, a schedule for discovery shall be prepared by the parties as ordered during the prehearing conference.(c) Any motion to compel discovery shall be decided without hearing unless the commissioner, following prehearing conference, determines there are genuine issues of fact which require review by the board.(d) If the commissioner orders discovery and either party refuses to comply, upon motion of the opposing party or by its own motion, the board shall: (1) Assess civil penalties as provided in RSA 357-C:12, VI and Mvi 208.17; or(2) Find the non-compliant party in default.(e) The board shall use the following criteria when determining what provision of (d) will be applied to the non-compliant party:(1) The willfulness of the violation;(2) The extent to which preparation for hearing was hindered by non-compliance;(3) Whether there were repeated violations; and(4) Any other issue which justice may require.(f) If the protestor is the defaulting party, the protest shall be dismissed. If the respondent is the defaulting party relief shall be granted as requested by the protestor pursuant to Mvi 205.01(c)(5).(g) At the request of either party or on his or her own motion the commissioner shall issue an order prohibiting the parties from disclosing discovery materials to any person other than the other party, the commissioner or the board.N.H. Admin. Code § Mvi 206.02
#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