Section Ec-Air 203.16 - Evidence, Burden of Proof, and Record(a) Evidence shall: (1) Be received in accordance with the provisions of RSA 541-A:33;(2) Be admitted unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious, or legally privileged; and(3) Be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.(b) Any objection to the admissibility of evidence shall be filed as a motion compliant with Ec-Air 203.09 or stated as early as possible in the hearing, but not later than the time when the evidence is offered.(c) All testimony shall be made under oath or affirmation administered in accordance with RSA 541-A:33, I.(d) All evidence and testimony shall be subject to cross-examination provided, however, that the presiding officer shall limit cross-examination that is disorderly or disruptive to the orderly conduct of the hearing.(e) Any person offering testimony, evidence, or argument shall state for the record his or her name and role in the proceeding. If the person represents another person, the person being represented shall also be identified.(f) The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.(g) The record of an appeal shall include:(1) All filings submitted in the appeal pursuant to Ec-Air 203.04;(2) The recordings of all hearings and prehearings;(3) All documents issued by the presiding officer or council pursuant to Ec-Air 203.06; and(4) Any other applicable items specified in RSA 541-A:31, VI.(h) After the conclusion of the final hearing on the merits of an appeal, the record shall be closed and no other evidence shall be received into the record unless, on the motion of any party or on the presiding officer's own initiative, the presiding officer determines that the submission of additional evidence and rebuttal thereto is necessary to the full consideration of the issues raised in the appeal and keeps the record open for such time as he or she determines reasonably necessary to accept the additional evidence and rebuttal into the record.N.H. Admin. Code § Ec-Air 203.16
Derived from Number 23, Filed June 8, 2023, Proposed by #13642, Effective 5/23/2023 (See Revision Note at chapter heading for Ec-Air 200).