New Hampshire Code of Administrative Rules
Pes - Pesticide Control Board
Chapter Pes 200 - PROCEDURAL RULES
Part Pes 202 - PROCEDURES FOR APPEALS
Section Pes 202.18 - Evidence

(a) The rules of evidence shall not apply.

(b) Evidence which is relevant and material to the subject matter of the hearing shall be admissible. Evidence which is irrelevant, immaterial or unduly repetitious shall be excluded. The experience, technical competence, and specialized knowledge of the board members, if relevant, may be used in the evaluation of all evidence submitted to the board.

(c) Whenever necessary for a full and fair consideration of the appeal, the presiding officer shall take official notice of relevant laws, official rules and transcripts of other hearings, generally recognized facts of common knowledge to the public at large, and physical, technical, or scientific facts within his or her specialized knowledge. The final decision of the board shall include those facts of which official notice was taken, unless those facts are included in the transcript of the record.

(d) All documents, materials, and objects offered in evidence as exhibits shall be marked by the offering party or intervenor with the docket number and shall, if accepted, be numbered or otherwise identified in a sequential manner. Documentary evidence shall be received in the form of copies or excerpts if the original is not available. Any person offering any documentary or photographic evidence shall provide the board with 15 copies of such documents or photographs.

(e) All written testimony and documents, materials, and objects admitted into evidence shall be made available during the course of the hearing for public examination. All such evidence shall also be available at the board's office in Concord during normal business hours.

(f) In any proceeding involving an application, the application filed with the division, including exhibits and amendments thereto, shall be placed into evidence by the division.

(g) All objections to rulings of the presiding officer regarding evidence or procedure and the grounds therefore shall be timely stated during the course of the hearing.