Current through Register No. 50, December 12, 2024
Section Ed 212.02 - Petition for Oral Argument Before Board(a) Petitions requesting oral argument before the board shall be submitted with the written exceptions to the hearing officer's proposed decision.(b) Once granted, the party shall have the right to a 10-minute oral argument on the record before the board and shall be notified in writing of the party's place on the agenda on the board's meeting date.(c) Oral arguments shall focus on:(1) The findings of the decision;(2) Any errors of fact or conclusions of law in the decision; and(3) Any information which the party can show is relevant which the decision omits.(d) In the case of a non-renewal of a contract for educational personnel certified under Ed 500, oral argument shall be limited to evidence in the written record. If new evidence is available after the conclusion of the hearing and the board's receipt of the proposed decision, the board shall refer the matter to the hearing officer for review.(e) The choice of whether the review by the board and the hearing are conducted in a public or nonpublic session shall be that of the:(1) The public employee, consistent with RSA 91-A:3,II(a), or(2) Any person, other than a member of the board, if the matter which, if discussed in public, would likely affect adversely the person's reputation, consistent with RSA 91-A:3,II (c).(f) Oral sessions of the proceeding shall be recorded. If a tape recording is employed, the tape shall be made available for public inspection unless the hearing is held in non-public session pursuant to RSA 91-A. Upon the request of any person or persons, the board shall arrange for transcription. The person or persons requesting the transcript shall bear the costs. Alternatively, a copy of the audio recording shall be made for the requestor in lieu of written transcription. The requestor shall bear the cost of such copying.(g) Transcripts shall be distributed as follows:(1) The original to the record of the proceeding; and(2) One copy to the person requesting the transcript.(h) The board shall meet in nonpublic session to deliberate.N.H. Admin. Code § Ed 212.02
#8334-A, eff 4-23-05 (from Ed 213.02 )