N.H. Admin. Code § Ed 201.06

Current through Register No. 42, October 17, 2024
Section Ed 201.06 - Reopening of the Record

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

N.H. Admin. Code § Ed 201.06

#8334-A, eff 4-23-05

Ed. 201.07 Withdrawal of Hearing Officer.

(a) Upon his or her own initiative or upon the motion of any party, a hearing officer shall, for good cause withdraw from any hearing.

(b) Good cause shall exist if a hearing officer:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of relationship, with any party; or

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

(c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

Source. #8334-A, eff 4-23-05