New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 200 - DEPARTMENT OF LABOR HEARINGS
Part Lab 205 - APPEALS TO THE COMPENSATION APPEALS BOARD
Section Lab 205.09 - Conduct of Hearing

(a) Unless otherwise agreed at a prehearing conference, the appealing party shall be responsible for compiling all documentary evidence to be considered by the compensation appeals board. This compilation shall be indexed, tabbed and paginated. The final compilation shall be submitted in triplicate, with the compensation appeals board at the time of the hearing.

(b) The members of the staff or prehearing panel shall waive (a), above, upon finding that a party cannot reasonably comply due to a lack of financial or technical resources.

(c) Any evidence whose admissibility is in dispute may be submitted separately from the joint submission, pending ruling on any objections.

(d)All medical evidence shall be furnished to the opposing parties 5 business days before the hearing date.Parties who are introducing non-medical evidence shall make all other parties aware of such evidence and submissions no later than 2 business days prior to the scheduled hearing.

(e)In the event that a party attempts to present evidence of submissions during the appeal hearing which were not disclosed prior to the appeal hearing, the panel shall upon the objection of a party, not allow the introduction of such evidence or submissions upon finding that the objecting party would be prejudiced by its admission.

(f)Unless waived by the parties, a sound recording of the hearing shall be made by the panel and the recording shall be maintained by the compensation appeals board for a period of 60 calendar days following the order or ruling of the panel on the issues presented. Copy of tapes shall be available for a fee to cover the cost of the tape within 60 calendar days after the appeal hearing decision is issued. If transcriptions are made of hearing testimony and used for any purpose in any proceeding, a copy of such transcription shall be furnished to all parties of record. Any party may have a stenographer present at a hearing, provided that that party bears the cost.

(g)At the request of a party, the panel shall order witnesses other than the claimant and the employer, to be excluded from the hearing room so that they cannot hear the testimony of other witnesses. If the employer is a corporation or entity other than a natural person, the officer or employee designated as its representative in the hearing shall not be a witness unless the panel at the outset of the hearing, rules the person is essential to the presentation of the employers' case and it was not reasonable for another person to serve as representative.

(h)Testimony of witnesses shall begin with the administration of oaths or affirmations. The chair shall at the outset of the hearing, record the place, time, date and issues of the hearing together with the names of those parties making an appearance.

(i) The chair is charged with regulating the course of the hearing and may accept offers of proof together with all relevant evidence. The chair shall conduct the hearing in such a manner as to best ascertain the rights of the parties. The chair shall rule on all matters of evidence and procedure relative to the conduct of the hearing. The panel through the chair shall not be bound by formal rules of evidence. Any probative and relevant evidence shall be received by the chair during the course of the hearing. The panel, through the chair, shall exclude evidence on the basis that it is irrelevant, immaterial or unduly repetitive.

(j)Each party shall have the opportunity to present a closing statement at the conclusion of the hearing. The carrier/employer shall make such closing statement first. In the event that the hearing has exceeded its allotted time, the panel shall require written closing statements to be submitted in triplicate within 7 calendar days of the hearing date.

(k)A determination shall be made by the panel on the basis of evidence presented at the hearing and the panel shall not consider ex parte information, regardless of its source. If the submission of additional documentation is required or allowed by the chair, copies of all such documents shall be provided within the timeframe allowed by the chair with copies to all opposing parties. The non-producing parties shall be afforded 10 calendar days to object and comment upon such submission prior to the issuance of any order or ruling by the panel.