Section Per-A 207.02 - Types of Hearings(a) Except as allowed by (f) below, the board shall limit any hearings on motions to oral argument.(b)Except as provided in (c) below, the board shall hear the following appeals on oral argument and offers of proof:(3) Non-selection to a vacancy;(5) Withholding of an annual increment; or(6) An application of a rule or rules adopted by the director of personnel.(c) In cases under (b) above, the board shall hear the testimony of witnesses if it concludes that to do so is necessary in order to:(1) Address a relevant matter involving the credibility of witnesses; or(2) Understand or fairly assess the arguments at issue.(d) Except as provided in (e) below, the board shall convene full evidentiary hearings, permitting live witness testimony, in the following appeals: (3) Suspension without pay; or(4) Any other proceeding in which the board determines that testimony of a witness is necessary in order for the board to resolve the case fairly.(e) In cases under (d) above, the board shall hear the case on the basis of oral argument and offers of proof if: (1) The parties agree to do so and the board determines that the testimony of witnesses is not necessary to address a relevant matter involving the credibility of witnesses or to understand or fairly assess the arguments at issue; or(2) The case does not involve disputed issues of material fact.(f) In all cases, parties may offer documentary evidence and memoranda of law.N.H. Admin. Code § Per-A 207.02
(See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #9205, eff 10-23-08