Section Res 209.02 - Conduct of Representation(a) Persons representing parties or intervenors in adjudicative hearings shall, by complying with (b) below, treat the process and the following persons with respect, fairness, and candor: (1) All other participants including parties, intervenors, witnesses, and representatives; and(2) Any person presiding over the hearing.(b) Representatives shall:(1) Not make a claim or assertion unless there is admissible evidence which supports such claim or assertion;(2) Not dispute a claim or assertion made by another unless there is a good faith basis for doing so;(3) Not, personally or through another, make a false or misleading statement of material fact or law during the course of the hearing;(4) Not, personally or through another, inhibit or delay access to, conceal unprivileged evidence from other participants, or destroy unprivileged evidence before or during the hearing;(5) 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;(6) Not, during the hearing:a. Introduce, or attempt to introduce, evidence that is not relevant, unless there is a good faith basis for the belief that such evidence is relevant;b. Assert personal knowledge of facts in issue;d. Offer his or her opinion as to matters at issue in the hearing, except in opening statements, closing arguments, and when requested by any person presiding over the hearing; ande. Attempt to influence any person presiding over the hearing on an ex parte basis;(7) Not engage in behavior that disrupts the hearing, including, but not limited to:a. Delaying the hearing 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; andd. Employing tactics that have no purpose other than to embarrass any participant;(8) Not, personally or through another, contact any participant directly if the representative knows that such other person also has representation;(9) Not, pursuant to RSA 311:7, act as a representative for another in more than 3 hearings in any 2 year period; and(10) 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 hearing.(c) Violation of any provision of (b), above, by a representative, shall constitute misconduct under these rules.(d) If any person presiding over the hearing believes that a representative has committed misconduct during the hearing, 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 hearing, the person presiding over the hearing will allege misconduct by the representative; or(3) Suspend the hearing and allege misconduct by the representative.(e) The person presiding over the hearing shall implement:(1) The provisions of (d)(1), 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; or(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.(f) Any person who, after notice and opportunity for hearing pursuant to Res 208, is found to have committed misconduct shall be barred from appearing as a representative before the department:(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.(g) Notwithstanding (f)(3), above, a representative who has been permanently barred from appearing before the department may, after 5 years from the date of the permanent bar order, petition to have the bar lifted. The petition shall provide the information required by (h), below.(h) Each petition to remove a permanent bar from appearing as a representative before the department shall:(1) Provide the name, address and telephone number of the representative;(2) Be addressed to the commissioner;(3) State good cause why the department should lift the bar;(5) Be signed and dated by the representative; and(6) Be mailed or hand-delivered to: Office of the Commissioner
Department of Resources and Economic Development
172 Pembroke Road
P. O. Box 1856 Concord, New Hampshire 03302-1856
(i) Petitions to remove a permanent bar order shall be received and disposed of as follows: (1) Be submitted to the office of the commissioner;(2) If the commissioner decides that any petition is deficient in any respect, the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition;(3) Within 30 days of receipt of a petition that complies with Res 209.01(h), the commissioner shall take one of the following actions: a. Initiate the removal of the permanent bar order if the commissioner determines, based on the information provided in the petition, that the misconduct that led to the permanent bar is unlikely to be repeated; orb. Deny the petition, in writing, stating fully the reasons for denial.N.H. Admin. Code § Res 209.02