Section Vet 202.10 - Hearing Procedures(a) Board hearings shall be open to the public.(b) The investigator shall open the proceedings through production of witnesses and exhibits, and shall be followed by the witnesses and exhibits of the respondent. Members of the board shall ask questions of witnesses during or subsequent to direct or cross-examination, and each party shall produce such additional evidence as the board deems necessary to an understanding and determination of the issues.(c) Any oral, documentary, tangible, or demonstrative evidence shall be received. The board shall exclude irrelevant, immaterial, or unduly repetitious evidence and shall apply evidentiary privileges recognized by law.(d) The board shall direct the parties to submit legal memoranda or other written statements whenever such submissions will assist the board in reaching a decision and would not unduly delay the proceedings.(e) No party and no person acting on behalf of a party shall make ex parte communications to the board.(f) The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.(g) Subsequent to the hearing, the board shall meet and reach its decision by majority vote based solely upon the evidence presented at the hearing. The board's decision shall be based on a preponderance of the evidence, taking into consideration the fact that the burden of proof is on the complainant.N.H. Admin. Code § Vet 202.10
#7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A, eff 4-23-09
Amended by Volume XLI Number 41, Filed October 14, 2021, Proposed by #13269, Effective 9/29/2021.