New Hampshire Code of Administrative Rules
Den - Board of Dental Examiners
Chapter Den 200 - PRACTICE AND PROCEDURE
Part Den 208 - ADJUDICATIVE PROCEEDINGS
Section Den 208.11 - Methods of Proceeding

Universal Citation: NH Admin Rules Den 208.11

Current through Register No. 12, March 21, 2024

The method of proceeding under this part shall be determined as follows:

(a) In contested cases, and as otherwise required by law, the proceeding shall consist of a trial-type evidentiary hearing with an opportunity for the subsequent submission of memoranda.

(b) Where no facts material to the subject matter of the proceeding are in dispute, the proceeding shall, to that extent, be limited to the submission of memoranda wherein are argued the conclusions the parties wish the board to draw from the undisputed facts.

(c) Oral argument, other than opening and closing statements, shall be permitted only by leave of the board on consideration of a written motion which sets forth the purported need for such a procedure. Written argument in the form of legal briefs or memoranda shall be permitted subject to filing schedules established by the board.

(d) The foregoing paragraphs shall not limit the board's authority to structure individual proceedings in a manner suitable to their particular subject matter and recognized due process requirements, or to require the submission of additional data at any time.

(e) An order scheduling supplemental argument or hearing, or otherwise reopening the record, may be issued by the presiding officer at any time prior to the issuance of a final order in a proceeding.

(See Revision Note at chapter heading for Den 200) #8884-A, eff 5-17-07

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