N.H. Admin. Code § Adm 209.02

Current through Register No. 50, December 12, 2024

Section Adm 209.02 - Failure of a Party to Attend or Participate in the Hearing

(a) A party shall be in default if the party:

(1) Has the burden of proof on the issue or issues involved in the hearing;

(2) Has been given notice of the hearing; and

(3) Fails to attend the hearing.

(b) If a party is in default under (a) above and does not file a request that the default be stricken within 10 days of the date of the notice of default, the case shall be dismissed.

(c) If a party is in default under (a) above, the presiding officer shall issue an order of default which:

(1) Is dated;

(2) States that the party is in default and why;

(3) States that the matter will be dismissed unless:

a. The party submits a motion to strike the default within 10 days of the date of the order of default; and

b. The presiding officer determines that the motion should be granted.

(d) The presiding officer shall strike a default that has been entered under (a) above if:

(1) The party in default moves that the default be stricken within 10 days of the date of the order of default;

(2) The presiding officer concludes that the failure to appear was due to sudden accident, death of a family member or similar circumstance that was:

a. Beyond the control of the party; and

b. Of such a nature as to have prevented the party from appearing.

(e) Notwithstanding paragraph (d) above:

(1) A default shall not be stricken if the motion to strike is based upon the same facts and reasons previously expressed in a motion to continue the hearing which was denied; and

(2) The 10 day period for the filing of a motion to strike may be extended if the presiding officer concludes that circumstances beyond the control of the applicant prevented filing within the requisite time.

(f) If a party who does not have the overall burden of proof fails to attend the hearing after having been given notice thereof, the testimony and evidence of any other parties or intervenors shall be received and evaluated.

(g) If a party who has the burden of proof attends the hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party.

N.H. Admin. Code § Adm 209.02

#8908, eff 9-22-07