N.H. Admin. Code § Cla 213.03

Current through Register No. 45, November 7, 2024
Section Cla 213.03 - Evidence
(a) The chair shall determine the admissibility of evidence, subject to being overruled by a majority of the board members present and voting.
(b) The rules of evidence used in courts shall not apply.
(c) Any testimonial or non-testimonial evidence which is relevant, material, and not unduly repetitious or cumulative shall be admissible.
(d) The rules of privilege recognized under the laws of New Hampshire shall apply.
(e) Scientific or technical evidence shall be introduced through the testimony of an individual with sufficient expertise to reasonably ensure the reliability of the evidence offered. Questions regarding the qualifications of the individual presenting such evidence shall go to the weight the evidence is given in the final disposition of the claim.
(f) Unless otherwise agreed by the parties, statements made at a pre-hearing conference shall not be admissible.
(g) Any objections to the admission of evidence shall be made at the time of the hearing. If they are not made at the time of the hearing, they shall be deemed to have been waived.
(h) Transcripts of testimony and non-testimonial evidence admitted into evidence shall be public records unless the chair determines that all or part of them is exempt from disclosure under RSA 91-A:5 or applicable case law.

N.H. Admin. Code § Cla 213.03

#8509, eff 12-09-05