Current through Reg. 49, No. 38; September 20, 2024
(a) In general.
Except when in conflict with the provisions of the Act, including §28, and
Board rules, such as §
RSA 127.1 of this
title (relating to Enforcement), subpoenas and depositions shall be
administered in the manner prescribed by the APA and the SOAH Rules of
Procedure.
(b) Pre-contested case.
When the Staff anticipates the commencement of a contested case and determines
that it is necessary to perpetuate testimony to prevent a failure or delay of
justice due to the risk of unavailability of the testimony after the action is
commenced, such as with the acute illness of a potential witness or receipt of
information that the potential witness intends to leave the subpoena
jurisdiction of the Commissioner, the Staff may file a request with the
Commissioner for a commission to take a deposition as set forth in the APA,
§2001.094.
(1) The request shall show:
(A) the Staff anticipates the commencement of
a contested case;
(B) the subject
matter of the anticipated action and the jurisdiction therein;
(C) the names and addresses, if known, of the
persons expected to be interested adversely to the Staff; and
(D) the names and addresses of the persons to
be examined, the substance of the testimony which the Staff expects to elicit
from each, and the reasons why the testimony is necessary to prevent a failure
or delay of justice.
(2)
Upon filing a request with the Commissioner, a notice and copy of the request
shall be served upon the witness, or witnesses, and upon each person named in
the request as an expected adverse party. Each person served with a copy of the
request shall have the right to respond to the request within 10 days of
service of notice by filing a response with the Staff and the
Commissioner.
(3) In any case where
justice or necessity so requires, the Commissioner may permit the taking of
such depositions upon shorter notice than required by paragraph (2) of this
subsection, or may extend such time in order to permit service on any adverse
party.
(4) If satisfied that the
perpetuation of testimony may prevent a failure or delay of justice, the
Commissioner may issue a commission authorizing the taking of such deposition.
At such deposition the parties identified by the Staff as adverse persons or
other parties identified shall have the right to attend and pose questions to
the deponent.
