New Hampshire Code of Administrative Rules
Adm - Commissioner, Department of Administrative Services
Chapter Adm 200 - PROCEDURAL RULES
Part Adm 211 - HEARING PROCEDURE
Section Adm 211.06 - Reopening the Record

Universal Citation: NH Admin Rules Adm 211.06

Current through Register No. 12, March 21, 2024

(a) If no decision pursuant to Adm 211.07(a) has yet been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence or claims of law.

(b) A motion pursuant to (a) above shall be granted if:

(1) There is no objection from any other party or intervenor;

(2) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently, and without fault on the part of the person making the claim, omitted; and

(3) The presiding officer determines that the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

(c) If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of whether the record should be reopened.

(d) The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the presiding officer determines that:

(1) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently, and without fault on the part of the person making the claim, omitted;

(2) The evidence or claim of law is relevant, material and non-duplicative; and

(3) The inclusion of the material in the record is necessary to a full and fair consideration of the issues to be decided.

(e) If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.

#8908, eff 9-22-07

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.