Section Rev 204.09 - Hearings; Methods of Proceeding(a) Hearings shall be of the trial-type evidentiary hearing or consist of oral or written argument, or both, as determined by the types of evidence submitted by the parties.(b) Parties involved in a hearing may submit any, or all of the following: (2) When the credibility of a witness is not material, that witness' written testimony in the form of an affidavit;(3) Documentary evidence;(4) Oral legal argument; or(5) Written legal argument.(c) All briefs, memoranda, exhibits, affidavits, documentation, or other written materials shall be submitted to the presiding officer no less than 30 days before the date set for the hearing.(d) All reply affidavits, memoranda, and briefs shall be submitted no less than 15 days before the date set for hearing.(e) Parties needing additional time to prepare for the hearing may request an extension of the time.(f) Under no circumstances shall written submissions be accepted within 3 business days of the date of the hearing.(g) Witnesses giving testimony at a hearing shall first be administered an oath or affirmation by the presiding officer.(h) The order of presentation in hearings shall be as follows: (1) The petitioner shall first produce oral testimony and documentary evidence admissible pursuant to Rev 204.09(c), and present argument necessary to support his or her claim or motion;(2) The opposing party shall then be afforded the opportunity to cross examine the petitioner's witnesses and ask questions of the person presenting the petitioner's case;(3) The opposing party shall then introduce oral testimony and documentary evidence admissible pursuant to Rev 204.09(c), and present argument in defense of the claim or motion;(4) The petitioner shall have the opportunity to cross examine or question the opposing party's witnesses and ask questions of the person presenting the opposing party's case;(5) The parties shall then have an opportunity to summarize their evidence and argument, in the same order of presentation;(6) At any time during the proceeding, if the presiding officer needs clarification of a fact or legal argument, the presiding officer shall question the parties or their witnesses; and(7) The presiding officer shall change the order of presentation pursuant to an agreed upon request of all parties.(i) A failure by a petitioner or petitioner's representative to appear at a scheduled hearing shall result in the dismissal of the petition or request for abatement, unless within 5 business days of the failure to appear, the petitioner or petitioner's representative files written notification to the hearing officer evidencing reasonable cause as to the failure to appear at the scheduled hearing. Reasonable cause shall include accident, mistake, or misfortune or other reason beyond control of the petitioner.(j) A failure by a moving party to appear at a scheduled hearing on that party's motion shall result in denial of the motion.(k) A failure to appear by the party responding to a motion or a petition for reconsideration or request for abatement shall be treated as a concession to the petitioning party's request for relief.N.H. Admin. Code § Rev 204.09
#4060, eff 5-29-86, EXPIRED: 5-29-92
New. #5423, eff 6-23-92; ss by #6749, eff 5-19-98, eff 5-19-98, EXPIRED: 5-19-06
New. #8658-A, eff 6-13-06
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11185-A, Effective 9/20/2016.