New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 206 - ADJUDICATIVE PROCEEDINGS
Section Plc 206.08 - Methods of Proceeding - Generally

Universal Citation: NH Admin Rules Plc 206.08

Current through Register No. 12, March 21, 2024

(a) If the participants agree, the regulatory authority shall proceed as follows:

(1) Where facts material to the subject matter of the proceeding are in dispute, but personal observation of the witnesses or the immediate opportunity for cross-examination of witnesses is not required, the proceeding shall, to that extent, consist of the submission of affidavits and memoranda; and

(2) 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 that argue the conclusions the participants wish the regulatory authority to draw from the undisputed facts.

(b) If the participants do not agree to one of the methods of proceeding in (a), above, the matter shall proceed to an oral adjudicative hearing.

(c) For proceedings in any of the professions listed in Plc 201.02(b), the oral adjudicative hearing shall be conducted either by the executive director alone or, if the executive director determines that the expertise of the advisory committee or advisory board members, as applicable, is necessary, by a panel consisting of the executive director and a minimum of 2 members of the relevant advisory committee or advisory board.

(d) For proceedings in any other professions, the oral adjudicative hearing shall be conducted in accordance with applicable law, including but not limited to RSA 310-A:1-l, II, reprinted in Appendix C.

(e) A recording of the hearing shall be taken and preserved. If requested by a participant, the record of the proceeding shall be made by a certified shorthand court reporter at the requestor's expense, pursuant to RSA 541-A:31, VII-a.

(f) If a participant has reason to participate remotely, the participant shall file a motion no later than the deadline for filing a witness list, or as much in advance as possible based on the circumstances, which motion shall be granted if the presiding officer determines that:

(1) The participant has access to equipment necessary to enable remote participation; and

(2) The participant has demonstrated a compelling reason or justification, including but not limited to circumstances beyond the participant's control that impair the participant's ability to attend the hearing in person.

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