N.H. Admin. Code § Pub 203.03

Current through Register No. 49, December 5, 2024

Section Pub 203.03 - Rules of Evidence

(a) The formal rules of evidence shall not apply in adjudicative proceedings. Any oral or documentary evidence shall be received except that the presiding officer shall rule on and exclude irrelevant, immaterial or unduly repetitious evidence. The board shall observe those matters of privilege recognized by law. Objections to evidence offered may be made by a party and shall be ruled on by the presiding officer, thus causing it to be noted in the record of proceedings.

(b) All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer.

(c) Documentary evidence shall be received by the board or presiding officer. Each exhibit shall contain an original, or authenticated conformed copy of the original, and 5 copies, the production and copying of which shall have been arranged prior to the day of hearing, unless extenuating circumstances make this impossible. At least 5 days before the scheduled hearing, or, in the case of rebuttal exhibits submitted at hearing, at least 5 days after the hearing, each party shall file one copy of their proposed exhibits electronically, properly marked for identification and/or accompanied by a separate statement designating exhibits which may be joint or exhibits with respect to which any objection is waived. Electronic filing of hearing exhibits, including any rebuttal exhibits submitted at hearing, shall not be required when the total number of pages for all of a party's exhibits exceeds 100 pages, exclusive of any collective bargaining agreements which may be offered as exhibits, or when a motion seeking relief from the requirement of electronic filing of exhibits has been granted, such motions to be filed by the time of the pre-hearing conference, if any, or otherwise at least 15 days prior to the day of hearing .

(d) In order to facilitate hearings and the taking of documentary evidence or testimony thereon, pursuant to RSA 541-A:33, V, the presiding officer shall take official notice of:

(1) Any fact or result which would be judicially noticed by the courts of this state;

(2) The record of other proceedings before the board; and

(3) Generally recognized and commonly accepted terminology pertaining to public sector labor-management relations.

N.H. Admin. Code § Pub 203.03

#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99

New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00; ss by #8426, eff 9-1-05; ss by #9441-A, eff 3-27-09 (from Pub 203.02)

Pub. 203.04 Motions; Objections.

(a) All requests for specific relief in a pending case shall be presented by means of a motion.

(b) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information that was not received in time to prepare a written motion.

(c) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer may direct the moving party to submit the motion in writing, with supporting information.

(d) Objections to written motions shall be filed within 15 days of the date of the motion, unless the circumstances of the case, as determined by the presiding officer, require a shorter period.

(e) The presiding officer shall rule upon a motion after full consideration of all objections filed and other factors relevant to the motion.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99

New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00; ss and moved by #8426, eff 9-1-05 (from Pub 203.03); ss by #9081-A, eff 1-29-08; ss by #9441-A, eff3-27-09 (from Pub 203.03 )