Current through Register No. 45, November 7, 2024
Section We 206.20 - Testimony(a) All testimony in an adjudicative proceeding shall be made under oath or affirmation.(b) Any person offering testimony, evidence or arguments before the board shall state his or her name and address on the record. If the person is representing another party, the party being represented shall also be identified by name and address.(c) Any person testifying before the board shall be subject to cross-examination as provided in (f), below.(d) Whenever it appears that testimony to be offered at the hearing would be more readily understood if presented in written form, the presiding officer shall require the party offering such testimony to submit the testimony in written form, provided such requirement will not substantially prejudice the interests of any party to the hearing. All persons offering testimony in written form shall be present at the hearing and shall be subject to cross-examination as provided in (f), below. This paragraph shall not be construed to prevent oral testimony at a scheduled hearing by any member of the public who requests and is granted time to testify at a hearing pursuant to We 206.15(b).(e) Direct testimony shall be offered in the following order:(1) Board or department and such witnesses as the board or department calls;(2) The person who is the subject of the adjudicative proceeding and such witnesses as the person calls; and(3) Any other party to the proceeding and such witnesses as the party calls;(f) The presiding officer shall allow members of the board, legal counsel to the board, and other parties or their representatives an opportunity to cross-examine each witness. Cross-examination shall be by asking questions directly of the witness, so long as such direct questioning is not disruptive to the orderly conduct of the hearing. If the presiding officer determines that such cross-examination is disruptive to the orderly conduct of the hearing, then the presiding officer shall require the cross-examination to be conducted indirectly, by addressing questions to the witness through the presiding officer.N.H. Admin. Code § We 206.20
#7307, eff 6-13-00; ss by #9178-A, eff 6-13-08