N.H. Admin. Code § Adm 207.05

Current through Register No. 45, November 7, 2024

Section Adm 207.05 - Conduct of Parties, Intervenors and Representatives

(a) Parties, intervenors and representatives of parties or intervenors shall treat the process and all other participants, including the presiding officer, witnesses, parties, intervenors and representatives, with respect and fairness.

(b) Parties, intervenors and representatives shall not:

(1) Make a claim or assertion unless there is admissible evidence to support that claim or assertion;

(2) Knowingly dispute a claim or assertion of another person unless there is a reason to do so that is supported by admissible evidence or argument;

(3) Personally, or through another person, make a false or misleading statement of material fact or law;

(4) Personally, or through another, knowingly conceal, destroy or preclude or delay access to evidence which is relevant to the proceeding;

(5) Knowingly attempt to introduce evidence which is not relevant to, or admissible in, the proceeding;

(6) Assert personal knowledge of facts at issue unless appearing as a witness;

(7) Offer opinion as to matters at issue except in opening or closing statements, when testifying as an expert witness or as otherwise allowed by the presiding officer in the particular case;

(8) Attempt to influence the presiding officer on an ex parte basis;

(9) Engage in disruptive behavior during the course of a proceeding, including but not limited to:

a. Making frivolous claims or motions;

b. Using tactics that have no purpose other than to embarrass, burden or offend any participant;

c. Speaking when another person who has been recognized by the chair is attempting to speak;

d. Speaking or acting in a manner that is abusive to other persons; or

e. Attempting to delay the proceedings solely for the sake of delay; or

(10) Directly contacting, outside of the presence of the representative, a party or intervenor who is known at that time to be represented in the proceeding, unless the contact has been agreed to by the representative.

(c) Persons representing parties or intervenors in adjudicative proceedings who are not members of the New Hampshire Bar shall not, pursuant to RSA 311:7, commonly practice in such proceedings and, accordingly shall not act as a representative for another in more than 3 proceedings in any 2 year period.

N.H. Admin. Code § Adm 207.05

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07