New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 200 - RULES OF PRACTICE AND PROCEDURE
Part Tra 202 - ADJUDICATIVE PROCEEDINGS
Section Tra 202.18 - Conduct Of Hearings

Universal Citation: NH Admin Rules Tra 202.18

Current through Register No. 40, October 3, 2024

(a) Each witness called to provide testimony shall first be administered an oath or affirmation by the presiding officer that the testimony provided in the hearing shall be the truth.

(b) The formal rules of evidence shall not apply in adjudicative proceedings.

(c) Each party shall have the opportunity to present information by means of any or all of the following techniques:

(1) Testimony of live witnesses;

(2) Testimony of expert witnesses;

(3) Demonstrative or documentary evidence;

(4) Cross examination of adverse witnesses;

(5) An opening or closing statement upon the record; and

(6) A view of property by the presiding officer.

(c) Exhibits shall be sequentially identified and numbered in a single series without being designated as for the petitioner or respondent.

(d) At the time the exhibit is marked for identification, the party offering the exhibit shall provide an original to the presiding officer, and a copy for each party.

(e) No reference shall be made to an exhibit, other than to mark it for identification, before the presiding officer has accepted it into evidence.

(f) The presiding officer shall exclude information that is irrelevant, immaterial, or unduly repetitious.

(g) The presiding officer shall observe matters of privilege recognized by law.

(h) If there is a factual dispute in which the credibility of testimony might determine the outcome of the hearing, the presiding officer shall sequester witnesses until they are called to testify, provided that each party shall have the right to have one person present at all times during the hearing process.

(i) Official notice of facts may be taken pursuant to RSA 541-A:33,V.

#7927-A, eff 7-26-03

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