N.H. Admin. Code § Ve-H 216.07

Current through Register No. 45, November 7, 2024

Section Ve-H 216.07 - Reopening the Record

(a) Any party or intervenor may:

(1) Move to reopen the record for the inclusion in the record of specified evidence or claims of law; and

(2) File an objection to such a motion to reopen the record.

(b) The board shall grant a motion to reopen the record if:

(1) The evidence sought to be included in the record appears not to have been available at the time of the hearing or the claim of law was inadvertently omitted; and

(2) The board determines that:

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

b.Its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

(c) After the board grants a motion to reopen the record pursuant to (b) above, it shall:

(1) Accept the newly discovered evidence or claim of law as part of the record; and

(2) Not schedule a hearing unless the newly discovered evidence is testimonial in nature.

N.H. Admin. Code § Ve-H 216.07

#8951, eff 7-21-07