New Hampshire Code of Administrative Rules
Inst - Installation Standards Board
Chapter Inst 200 - PRACTICE AND PROCEDURE
Part Inst 209 - ADJUDICATIVE PROCEEDINGS
Section Inst 209.20 - Failure to Attend Hearing
Current through Register No. 12, March 21, 2024
(a) Failure of a party to attend or participate in the hearing shall result in the party being declared in default if it has the burden of proof, has been given notice, but fails to attend the hearing. In this instance, the case shall be dismissed.
(b) If the party does not have the overall burden of proof and fails to attend a hearing after having been given notice, the testimony and evidence of any other parties or intervenors shall be received and evaluated.
(c) If the party who has the overall burden of proof attends the hearing but fails to present evidence or argument a decision will be entered against that party.
(d) Notwithstanding any rule to the contrary, the board shall not dismiss a matter if good cause existed for failure to appear. Good cause in these circumstances means beyond the control of the party.
(e) If the presiding officer believes a default should enter against a party, the presiding officer shall issue a written recommendation, with service on the parties, and action will be taken by the board 10 days after objections are filed.
#8493-A, eff 12-24-05