Section Rea 205.16 - Hearing Procedures(a) Disciplinary hearings shall be heard by a hearing panel consisting of at least 3 commission members. The hearing panel shall not include the commission member responsible for evaluating the complaint. The commission chairperson or acting chairperson shall act as the presiding officer.(b) The complainant, whether a member of the public or the commission's investigator or complainant's representative, shall open the proceedings through production of witnesses and exhibits, to be followed by those produced by the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity complained against, or counsel of the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity. Opportunity shall be afforded to either party to cross-examine each witness of the other party at the conclusion of the witness's direct testimony. Commission members shall, if necessary, ask questions of the witness during examination or subsequent to cross-examination, and shall request additional evidence as the hearing panel deems necessary to an understanding and determination of the issues.(c) After all evidence is submitted, the complainant, or complainant's representative, shall summarize first, followed by the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity complained against. The hearing panel shall then retire with the facts to deliberate on the case and make its decision. Written memoranda and statements may also be filed with the hearing panel before the close of evidence.N.H. Admin. Code § Rea 205.16
#7263, eff 5-6-00 (formerly Rea 203.06), EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff 9-17-08
Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12362, Effective 8/16/2017.