N.H. Admin. Code § Cla 207.03

Current through Register No. 50, December 12, 2024
Section Cla 207.03 - Failure to Comply With the Board's Discovery Order
(a) Failure of a party to comply fully with the board's discovery order within the time specified in the order shall result in:
(1) A conditional default of the party failing to comply; or
(2) Dismissal of the claim in accordance with (d) below.
(b) The board shall lift a conditional default issued pursuant to (a) above if the board determines that the failure fully to comply with the discovery order was not the result of a willful disregard for the order but the result of:
(1) Inadvertence; or
(2) An inability to comply.
(c) If the time required for the board to make the determination called for by (b) above requires postponement of the hearing of the claim, the board shall postpone the hearing pursuant to Cla 210.02(a)(2).
(d) If the board determines that the claimant's failure to comply fully with the board's discovery order was the result of willful disregard for the order, the board shall dismiss the claim.
(e) A claimant whose claim has been dismissed pursuant to (d) above is entitled to a hearing challenging the dismissal of the claim.

N.H. Admin. Code § Cla 207.03

#8509, eff 12-09-05