Section Plc 206.20 - Testimony at an Adjudicative Hearing; Testimony Via Electronic Means(a) All testimony at an adjudicative hearing shall be in accordance with RSA 541-A:33, I.(b) Any individual offering testimony, evidence, or arguments shall state his or her name and municipality of residence on the record. If the individual is representing another person, the person being represented shall also be identified by name and address.(c) Except as provided in (d), below, testimony shall be offered in the following order unless otherwise agreed at a prehearing conference or changed in a ruling on a motion: (1) The prosecutor and such witnesses as the prosecutor calls;(2) The respondent and such witnesses as the respondent calls; and(3) Any intervenor(s) and such witnesses as the intervenor(s) call.(d) At a hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication, the prosecutor shall present first.(e) Anyone offering testimony shall be subject to cross-examination as provided in Plc 206.21.(f) Any person included within (c)(1) through (3), above, who wishes to submit written testimony at the hearing in addition to oral testimony shall do so to the presiding officer, provided the person signs and dates such testimony and the presiding officer determines, as required by RSA 541-A:33, II, that the interests of the other participants will not thereby be prejudiced substantially. The participant submitting written testimony shall give a copy of such testimony to each other participant. All participants shall have the opportunity to cross-examine the witness on and offer rebuttal testimony to the written testimony.(g) If a participant wishes to call as a witness an individual who is not in New Hampshire, the participant may file a motion to allow the individual to testify from another location using a video teleconference electronic meeting platform that allows all participants, the presiding officer, and members of the board or panel to communicate contemporaneously with each other, which motion shall be granted if: (1) The witness is outside the jurisdiction of New Hampshire but is willing to testify;(2) The witness has access to an electronic meeting platform that will allow all participants, the presiding officer, and members of the board or panel to communicate contemporaneously with each other and with the witness;(3) The testimony to be offered by the witness is material to the moving participant's presentation; and(4) Either: a. The other participants will not be materially prejudiced by allowing the witness to testify via electronic means; orb. Any disadvantage to another participant from allowing testimony via electronic means is outweighed by the disadvantage to the moving participant if such testimony is not allowed.(h) If a witness's testimony is interrupted, for example by interruption of the connection for a witness who is testifying remotely or due to a medical emergency, the presiding officer shall determine whether to allow a continuance, terminate the testimony, allow written testimony to be submitted, or fashion another appropriate remedy after considering: (1) How much of the witness's testimony has already been received;(2) How critical any missing testimony is to the issue(s) to be determined;(3) Whether any cross-examination has occurred; and(4) The wishes of the parties to the hearing and board members, if applicable.(i) The presiding officer shall terminate any comments, questions, or discussions that are not relevant to the subject of the hearing.N.H. Admin. Code § Plc 206.20
Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).