Current through Register No. 50, December 12, 2024
Section Env-C 204.14 - Testimonyat an Oral Adjudicative Hearing(a) All testimony at an oral adjudicative hearing shall be in accordance with RSA 541-A:33, I.(b) Any individual offering testimony, evidence, or arguments shall state his/her name and address on the record. If the individual is representing another person, the person being represented shall also be identified by name and address.(c) Unless otherwise agreed at a prehearing conference, testimony shall be offered in the following order: (1) The department and such witnesses as the department calls;(2) The respondent and such witnesses as the respondent calls; and(3) Any intervenor(s) and such witnesses as the intervenor(s) call.(d) Any person offering testimony shall be subject to cross-examination as provided in Env-C 204.15.(e) Any person included within (c)(1) through (3), above, who wishes to submit written testimony at the hearing in addition to oral testimony shall do so to the presiding officer, provided the person signs and dates such testimony and the presiding officer determines, as required by RSA 541-A:33, II, that the interests of the other participants will not thereby be prejudiced substantially. The person submitting written testimony shall give a copy of such testimony to each party. All participants shall have the opportunity to cross-examine the witness on and offer rebuttal testimony to the testimony.(f) The presiding officer shall terminate any comments, questions, or discussions that are not relevant to the subject of the hearing.N.H. Admin. Code § Env-C 204.14
#6960, eff 3-25-99; ss by #8851-A, eff 3-25-07