Section Ed 205.02 - Neutral Evaluation Procedure(a) If both parties agree to attempt to settle differences through neutral evaluation, the department shall schedule and conduct such evaluation.(b) The following requirements shall apply to an evaluation pursuant to (a) above: (1) A neutral evaluation shall consist of an informal, abbreviated presentation of case facts and issues by the parties to a neutral evaluator appointed by the office of legislation and hearings and who shall be responsible for reviewing the strengths and weaknesses of the case and issuing a written report as provided in (j), a copy of which shall be given to all parties.(2) There shall be no record made of the neutral evaluation except only the date and names of the participants shall be recorded; and(3) Evidence that would otherwise be admissible in an appeal, a due process hearing or in a subsequent court hearing shall not be rendered inadmissible as a result of its use in a neutral evaluation.(c) Once the neutral evaluation process has been selected the office of legislation and hearings shall assign a neutral evaluator to the case.(d) The following shall apply to selection of a neutral evaluator: (1) The neutral evaluator shall not have personal knowledge of any of the parties;(2) Upon receipt of notice of appointment in a case, the neutral evaluator shall disclose any circumstances likely to create a conflict of interest, the appearance of a conflict of interest, a reasonable inference of bias, or likely to prevent the process from proceeding as scheduled;(3) If the neutral evaluator withdraws, has a conflict of interest, or is otherwise unavailable, a replacement neutral evaluator shall be appointed by the office of legislation and hearings on behalf of the board to hear the issue; and(4) The neutral evaluator shall not act as a legal advisor or legal representative.(e) Following selection of a neutral evaluator, the department shall:(1) Schedule the neutral evaluation;(2) Provide the parties with the neutral evaluator's name and address;(3) Provide the time, date, and place of the neutral evaluation; and(4) Specify the date by which the parties shall furnish the neutral evaluator with required information and documentation.(f) Not less than 5 days prior to the neutral evaluation, the parties shall submit to the neutral evaluator and exchange a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not more than 4 pages.(g) Parties shall not communicate with the neutral evaluator concerning their case outside of the neutral evaluation.(h) At the neutral evaluation, the parties shall be present and shall have authority to authorize settlement.(i) If the neutral evaluator deems it necessary, such neutral evaluator may request additional written information prior to the evaluation from either party. At the neutral evaluation, the neutral evaluator may address questions to the parties and shall allow each party no more than 30 minutes to complement their written summaries with a brief oral statement. The evaluation shall be limited to not more than 2 hours.(j) The neutral evaluator shall issue an oral opinion following the conference with a written report mailed to the parties within 48 hours of the conference excluding Saturday, Sunday, or a holiday. The report shall contain a suggested settlement or disposition and the reasons therefor.(k) Following a scheduled neutral evaluation the evaluator shall advise the office of legislation and hearings as follows: (1) If the neutral evaluation results in agreement, the conclusions shall be incorporated into a written binding agreement signed by each party with a copy to the office of legislation and hearings; or(2) If the neutral evaluation does not result in agreement, the neutral evaluator shall report only the date and the participants at the meeting.N.H. Admin. Code § Ed 205.02
#6348, eff 10-5-96, EXPIRED: 10-5-04
New. #8334-A, eff 4-23-05 (from Ed 215.02 )