Section Agr 204.15 - Evidence; Official Notice(a) All testimony of parties and witnesses shall be made under oath or affirmation administered by the hearings officer.(b) Adjudicative proceedings shall not be conducted under the rules of evidence, but the evidentiary privileges recognized by the law of New Hampshire shall apply to proceedings under this chapter.(c) Any oral or documentary evidence may be received, but the hearings officer may exclude irrelevant, immaterial or unduly repetitious evidence. Objections to evidence offered may be made by the parties and shall be noted by the hearings officer. Subject to the foregoing requirements, any part of the evidence may be received in written form if the interests of the parties will not be prejudiced substantially thereby.(d) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.(e) A party, or his representative, may conduct cross-examinations required for a full and true disclosure of the facts.(f) If the hearings officer officially notices a fact, he shall so state, and permit any party, upon timely request, the opportunity to show to the contrary.(g) The department's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.(h) A tape recording shall be made of all formal hearings, copies of which shall be available upon written request to the department.N.H. Admin. Code § Agr 204.15
#6299, eff 7-25-96, EXPIRED: 7-25-04
New. #8309-A, eff 3-24-05