Current through Register No. 50, December 12, 2024
Section Nur 207.09 - Evidence(a) Proceedings shall not be conducted under the rules of evidence, but the evidentiary privileges recognized by the law of New Hampshire shall apply to proceedings under this chapter.(b) All data that will reasonably assist the board to arrive at the truth shall be admissible, except that irrelevant, immaterial or unduly repetitious evidence shall be excluded.(c) Evidence shall be submitted in written or oral form to assure the full and fair disclosure of the facts.(d) If the board takes administrative notice of a fact, it shall so state, and permit any party or intervenor the opportunity to show the contrary.(e) Witnesses appearing before the board shall testify under oath or affirmation administered by the presiding officer.(f) The board shall cause a tape recording or stenographic record to be made of hearings and prehearing conferences but in a disciplinary hearing the record shall be made by a certified shorthand court reporter at the request and expense of a party or intervenor. This record shall not be transcribed unless a request is made by a party or intervenor who agrees to pay the cost of the transcription, or unless the board elects to transcribe the record on its own initiative, in which case any party or intervenor who requests a copy of the transcript shall pay copying costs, only.N.H. Admin. Code § Nur 207.09
#8778, eff 12-23-06; ss by #10297, eff 3-22-13