New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 200 - RULES OF PRACTICE AND PROCEDURE
Part He-C 203 - HEARINGS
Section He-C 203.09 - Motions to Compel Production of Information

Universal Citation: NH Admin Rules He-C 203.09

Current through Register No. 40, October 3, 2024

(a) Except as provided in this section, prehearing production of information shall be limited to the procedures set forth in He-C 203.08 because all department files supporting the decision are available in accordance with the provisions of RSA 91-A, unless they meet one of the exceptions to disclosure under RSA 91-A:5.

(b) Any party seeking to compel production of information shall make a motion in writing requesting that the presiding officer order compliance with the parties' request for information.

(c) The requesting party's motion shall:

(1) Set forth in detail those factors which it believes support its request to compel compliance with the parties' request for information;

(2) List with specificity, the information it is seeking; and

(3) State the good faith actions that have been taken by the requesting party to obtain the facts or documents on an informal basis.

(d) The presiding officer shall not accept any motion to compel production of information filed less than 30 calendar days before the date scheduled for a hearing unless the requesting party establishes good cause for not submitting the motion sooner.

(e) Where a party recites in the motion that the party has tried in good faith to gather information under He-C 203.08, and that the party will be unable to thoroughly and completely prepare the case unless its motion to compel is granted, the presiding officer shall order the production of such information as justice and equity require.

#8866-A, eff 4-13-07

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