N.H. Admin. Code § Rko 214.03

Current through Register No. 36, September 5, 2024

Section Rko 214.03 - Reopening the Record

(a) If no decision has yet been issued, any party or intervenor may move to reopen the record for the inclusion in the record of additional specified evidence or claims of law.

(b) A motion pursuant to (a) above shall be granted if:

(1) There is no objection from any other party or intervenor;

(2) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently, and without fault on the part of the person making the claim, omitted; and

(3) The presiding officer determines that:

a. The evidence or claim of law is relevant, material and non-duplicative; and

b. The inclusion of the evidence or claim of law in the record is necessary to a full and fair consideration of the issues to be decided.

(c) If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of whether the record should be reopened.

(d) The presiding officer shall grant a motion made pursuant to (a) above if, after the hearing described in (c) above, the presiding officer determines that:

(1) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently, and without fault on the part of the person making the claim, omitted;

(2) The evidence or claim of law is relevant, material and non-duplicative; and

(3) The inclusion of the material in the record is necessary to a full and fair consideration of the issues to be decided.

(e) If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.

N.H. Admin. Code § Rko 214.03

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.