N.H. Admin. Code § Box 206.24

Current through Register No. 50, December 12, 2024
Section Box 206.24 - Evidence
(a) Pursuant to RSA 541-A:33,II, the rules of evidence shall not apply.
(b) Evidence which is relevant and material to the subject matter of the hearing shall be admissible. Evidence which is irrelevant, immaterial, or unduly repetitious shall be excluded. The experience, technical competence, and specialized knowledge of the members of the commission, if relevant, can be used in the evaluation of all evidence submitted to the commission.
(c) Whenever necessary for a full and fair consideration of the appeal or hearing, the presiding officer shall take official notice of the following:
(1) Relevant laws and rules;
(2) The record of other proceedings before the commission;
(3) Any fact which could be judicially noticed in the courts of this state;
(4) Generally recognized facts of common knowledge to the general public; and
(5) Physical, technical or scientific facts within the commission's specialized knowledge.
(d) All documents, materials, and objects offered in evidence shall be marked by the offering party with the docket number and shall, if accepted, be numbered or otherwise identified in a sequential manner. Documentary evidence shall be received in the form of copies or excerpts if the original is not readily available. Any person offering any documentary evidence shall provide each member of the commission and each party with a copy of such documents, unless such documents are of such form, size or character as not to be suitable for reproduction.
(e) In a proceeding involving an application, the application filed with the commission, including exhibits and amendments thereto, shall be placed into evidence by the commission.
(f) All objections to rulings of the presiding officer regarding evidence or procedure and the grounds therefore shall be stated during the course of the hearing. Nothing herein shall be construed as independent authorization for interlocutory appeals of rulings of the presiding officer.
(g) No information shall be considered as evidence or made part of the record in any adjudicative proceeding before the commission that is not introduced as evidence in accordance with this part.

N.H. Admin. Code § Box 206.24

#10482, eff 12-5-13