N.H. Admin. Code § Emab 202.06

Current through Register No. 52, December 26, 2024
Section Emab 202.06 - Hearings; General Provisions
(a) The board shall decline to review any appeal if it finds the appeal presents no substantial question within the board's jurisdiction as set forth in RSA 282-A:65. In such case the board shall issue an order of summary disposition.
(b) Unless summarily disposed of under Emab 202.06(a), a hearing shall be held after the receipt by the parties of the notice, the record on appeal including the recording of the hearing, and if required, the transcript of the proceedings.
(c) A continuance or postponement requested by any party or by another individual appearing pursuant to Emab 202.06(e), shall be made in writing not less than 10 calendar days prior to the scheduled hearing date, except for good cause shown.
(d) For purposes of this section, good cause means that:
(1) Meeting the prescribed time limit would unduly burden the party or;
(2) A continuance or postponement is otherwise necessary to conduct a more effective hearing.
(e) A party may appear personally, through legal counsel, or by a duly authorized agent acting on a party's behalf. Pursuant to RSA 282-A:117-123, hearings shall be confidential in nature and attendance shall be limited to the parties and their authorized representatives, except upon agreement of the parties.
(f) Parties may submit argument in person or in writing, or both. Any written argument or memorandum of law submitted 3 calendar days prior to the hearing shall be considered timely.
(g) Late submissions shall not be accepted, except upon a determination by the chair or vice chair that:
(1) Meeting the prescribed time limit would unduly burden the party; or
(2) A late submission is otherwise necessary to conduct a more effective hearing.
(h) If the appealing party fails to either attend a hearing or to advise the board that the party wishes to be heard solely by written submission, the board shall either:
(1) Dismiss the case; or
(2) Hear the case if it determines that there may have been error or the rights of any party would be violated by failure to proceed.
(i) If a party other than the appealing party chooses not to be present, the board shall proceed with the hearing.
(j) Oral argument shall be limited to 10 minutes on behalf of each party including questions from the board unless the board determines that failure to grant additional time would violate the rights of any party. Unless otherwise directed by the presiding member, the appealing party shall be heard first. The chair or vice chair shall allow a party to offer brief rebuttal argument if he or she determines that it will further clarify the issues.
(k) No evidence shall be received by the board in any hearing. Any alleged newly discovered evidence shall be introduced by an offer of proof by the moving party to the board and the other parties.

N.H. Admin. Code § Emab 202.06

#10394, eff 8-9-13