N.H. Admin. Code § Plc 206.25

Current through Register No. 50, December 12, 2024
Section Plc 206.25 - Failure to Attend or Participate in the Hearing
(a) For purposes of this section, "party" means:
(1) The prosecutor or the respondent, in any disciplinary or non-disciplinary remedial proceeding; or
(2) The applicant, in any licensing proceeding.
(b) A party shall be in default if the party:
(1) Has the overall burden of proof;
(2) Has received the notice given as required by Plc 206.06; and
(3) Fails to attend the hearing.
(c) If a party is in default under (b), above, the matter shall be dismissed unless there is just cause shown for failure to attend. Just cause shall include illness, accident, the recent death of a family member, or other circumstance beyond the control of the party that prevented the party from attending the hearing.
(d) If a party who does not have the overall burden of proof fails to attend the hearing after having received the notice given as required by Plc 206.06, the testimony and evidence of any other parties or intervenors shall be received and evaluated.

N.H. Admin. Code § Plc 206.25

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).