N.H. Admin. Code § Pol 206.05

Current through Register No. 45, November 7, 2024

Section Pol 206.05 - Conduct of Representation

The following shall apply to conduct of representation:

(a) Persons representing parties or intervenors in adjudicative hearings shall treat the process and the following persons with respect, fairness, and candor:

(1) All other participants including parties, intervenors, witnesses, and representatives; and

(2) Council members and any person presiding over the proceeding.

(b) To comply with (a), above, representatives shall comply with the following:

(1) The representative shall not make a claim or assertion unless there is admissible evidence which supports such claim or assertion;

(2) The representative shall not, personally or through another, deliberately make a false or misleading statement of material fact or law during the course of the proceedings;

(3) The representative shall not, personally or through another, deliberately inhibit or delay access to, conceal unprivileged evidence from other participants, or destroy unprivileged evidence before or during the proceedings;

(4) The representative shall not, personally or through another, knowingly violate the requirements of any provision of this section, regardless of whether or not an advantage is gained thereby;

(5) The representative shall not, during the proceedings:

a.Offer his or her opinion as to matters at issue in the proceedings, except in opening statements, closing arguments, and when requested by any person presiding over the proceedings; or

b.Attempt to influence any person presiding over the proceedings on an ex parte basis;

(6) The representative shall not engage in behavior that disrupts the proceedings, including but not limited to:

a.Delaying the proceedings only for the sake of delay;

b.Making frivolous claims or filing frivolous motions;

c.Using language so as to be deliberately offensive or verbally abusive to any participant; and

d.Employing tactics that have no purpose other than to embarrass or burden any participant;

(7) The representative shall not personally or through another contact any participant directly if the representative knows that such other person also has representation;

(8) A non-attorney representative shall not, pursuant to RSA 311:7, act as a representative for another in more than 3 proceedings in any 2 year period; and

(9) The representative shall not engage in any other act that is in any way dishonest or lacking in candor toward any participant or any person presiding over the proceedings.

(c) For any representative, violation of any provision of (b), above, shall constitute misconduct under these rules.

(d) If any person presiding over the proceedings believes that a representative has committed misconduct during the proceedings, the person shall:

(1) Warn the representative on the record, indicating the nature of the misconduct believed to have occurred, and take no further action;

(2) Inform the representative that, after the conclusion of the proceedings, the person presiding over the proceedings will file a complaint alleging misconduct by the representative; or

(3) Suspend the proceedings and file a complaint alleging misconduct by the representative.

(e) The person presiding over the proceedings shall implement:

(1) The provisions of (d)(l), above, if the misconduct alleged to have occurred does not prejudice any other participant;

(2) The provisions of (d)(2), above, if the misconduct alleged to have occurred prejudices any other participant, but action can be and is taken to mitigate any such prejudice; and

(3) The provisions of (d)(3), above, if the misconduct alleged to have occurred prejudices any other participant, but action cannot be taken to mitigate any such prejudice, or if a continuing course of misconduct makes it impossible to continue a proceeding.

(f) Any person who, after notice and opportunity for hearing pursuant to Pol 205, is found to have committed misconduct shall be barred from appearing as a representative before the council as provided below:

(1) For the first act of misconduct the bar shall be for 6 months;

(2) For the second act of misconduct the bar shall be for one year; and

(3) For the third or subsequent act of misconduct the bar shall be permanent.

N.H. Admin. Code § Pol 206.05

#5836, eff 6-15-94; ss by #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08