Current through Register No. 12, March 21, 2024
(a)
Persons representing parties or intervenors in adjudicative hearings shall, by
complying with (b) below, treat the process and the following persons with
respect, fairness, and candor:
(1) All other
participants including parties, intervenors, witnesses, and representatives;
and
(2) Any person presiding over
the hearing.
(b)
Representatives shall:
(1) Not make a claim or
assertion unless there is admissible evidence which supports such claim or
assertion;
(2) Not dispute a claim
or assertion made by another unless there is a good faith basis for doing
so;
(3) Not, personally or through
another, make a false or misleading statement of material fact or law during
the course of the hearing;
(4) Not,
personally or through another, inhibit or delay access to, conceal unprivileged
evidence from other participants, or destroy unprivileged evidence before or
during the hearing;
(5) Not,
personally or through another, knowingly violate the requirements of any
provision of this section, regardless of whether or not an advantage is gained
thereby;
(6) Not, during the
hearing:
a. Introduce, or attempt to
introduce, evidence that is not relevant, unless there is a good faith basis
for the belief that such evidence is relevant;
b. Assert personal knowledge of facts in
issue;
c. Testify as a
witness;
d. Offer his or her
opinion as to matters at issue in the hearing, except in opening statements,
closing arguments, and when requested by any person presiding over the hearing;
and
e. Attempt to influence any
person presiding over the hearing on an ex parte basis;
(7) Not engage in behavior that disrupts the
hearing, including, but not limited to:
a.
Delaying the hearing only for the sake of delay;
b. Making frivolous claims or filing
frivolous motions;
c. Using
language so as to be deliberately offensive or verbally abusive to any
participant; and
d. Employing
tactics that have no purpose other than to embarrass any participant;
(8) Not, personally or through
another, contact any participant directly if the representative knows that such
other person also has representation;
(9) Not, pursuant to
RSA
311:7, act as a representative for another in
more than 3 hearings in any 2 year period; and
(10) Not engage in any other act that is in
any way dishonest or lacking in candor toward any participant or any person
presiding over the hearing.
(c) Violation of any provision of (b), above,
by a representative, shall constitute misconduct under these rules.
(d) If any person presiding over the hearing
believes that a representative has committed misconduct during the hearing, the
person shall:
(1) Warn the representative on
the record, indicating the nature of the misconduct believed to have occurred,
and take no further action;
(2)
Inform the representative that, after the conclusion of the hearing, the person
presiding over the hearing will allege misconduct by the representative;
or
(3) Suspend the hearing and
allege misconduct by the representative.
(e) The person presiding over the hearing
shall implement:
(1) The provisions of (d)(1),
above, if the misconduct alleged to have occurred does not prejudice any other
participant;
(2) The provisions of
(d)(2), above, if the misconduct alleged to have occurred prejudices any other
participant, but action can be and is taken to mitigate any such prejudice;
or
(3) The provisions of (d)(3),
above, if the misconduct alleged to have occurred prejudices any other
participant, but action cannot be taken to mitigate any such
prejudice.
(f) Any
person who, after notice and opportunity for hearing pursuant to Res 208, is
found to have committed misconduct shall be barred from appearing as a
representative before the department:
(1) For
the first act of misconduct the bar shall be for 6 months;
(2) For the second act of misconduct the bar
shall be for one year; and
(3) For
the third or subsequent act of misconduct the bar shall be permanent.
(g) Notwithstanding (f)(3), above,
a representative who has been permanently barred from appearing before the
department may, after 5 years from the date of the permanent bar order,
petition to have the bar lifted. The petition shall provide the information
required by (h), below.
(h) Each
petition to remove a permanent bar from appearing as a representative before
the department shall:
(1) Provide the name,
address and telephone number of the representative;
(2) Be addressed to the
commissioner;
(3) State good cause
why the department should lift the bar;
(4) Be typewritten;
(5) Be signed and dated by the
representative; and
(6) Be mailed
or hand-delivered to:
Office of the Commissioner
Department of Resources and Economic Development
172 Pembroke Road
P.
O. Box 1856
Concord, New Hampshire 03302-1856
(i) Petitions to remove a permanent bar order
shall be received and disposed of as follows:
(1) Be submitted to the office of the
commissioner;
(2) If the
commissioner decides that any petition is deficient in any respect, the
commissioner shall, within 10 working days of receipt of the deficient
petition, notify the petitioner in writing of the specific deficiencies and
allow the petitioner to amend the petition;
(3) Within 30 days of receipt of a petition
that complies with Res 209.01(h),
the commissioner shall take one of the following actions:
a. Initiate the removal of the permanent bar
order if the commissioner determines, based on the information provided in the
petition, that the misconduct that led to the permanent bar is unlikely to be
repeated; or
b. Deny the petition,
in writing, stating fully the reasons for denial.
#7568-A, eff
10-1-01
