Section Bcr 207.08 - Evidence(a) 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.(b) All data which will reasonably assist the board to arrive at the truth shall be admissible, but data which is irrelevant, immaterial, unduly repetitious, or cumulative, shall be excluded.(c) Oral testimony shall be allowed unless the board, upon a finding that written evidence would be more efficient and would not result in material prejudice, orders that some or all of the evidence be submitted in written form.(d) If the board officially notices a fact, it shall so state, and permit any party, upon timely request, the opportunity to show the contrary.(e) Witnesses appearing before the board shall testify under oath or affirmation.(f) The board shall cause an audiotape or stenographic record to be made of hearings and prehearing conferences. This record shall be transcribed upon the request of a party who pays the estimated cost of transcription in advance. However, if the board elects to transcribe some or all of the record for its own use, the transcribed portions shall be included in the public docket file.N.H. Admin. Code § Bcr 207.08
#8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12 ; ss by #10161, eff 7-13-12