Section Env-WtC 206.05 - General Evidence(a) Pursuant to RSA 541-A:33, II, the rules of evidence shall not apply.(b) Evidence that is relevant and material to the subject matter of the hearing shall be admissible. Evidence that is irrelevant, immaterial, or unduly repetitious shall be excluded. The experience, technical competence, and specialized knowledge of the councilors, if relevant, may be used in the evaluation of all evidence submitted to the council.(c) Whenever necessary for a full and fair consideration of the appeal, the presiding officer shall take official notice of relevant laws, official rules, and transcripts of other hearings, judicially recognizable facts, generally recognized facts of common knowledge to the general public, and physical, technical or scientific facts within the council's specialized knowledge consistent with the requirements of RSA 541-A:33, V. The final decision of the council shall specifically identify those facts of which official notice was taken.(d) All documents, materials, and objects offered in evidence as exhibits shall be marked by the offering participant with the docket number and shall, if accepted, be numbered or otherwise identified in a sequential manner. Documentary evidence shall be received in the form of copies or excerpts if the original is not readily available. Any person offering any documentary or photographic evidence shall provide each member of the council and each participant with a copy of such documents or photographs, unless such documents or photographs are determined by the presiding officer to be of such form, size or character as not to be reasonably suitable for reproduction.(e) All written testimony and documents, materials, and objects admitted into evidence shall be made available during the course of the hearing for examination by all participants. Following the hearing, all such evidence shall be available at the department's offices in Concord during normal business hours.(f) In any appeal proceeding involving an application for a permit or other approval, the department record, including but not limited to the application filed with the department, including all supplemental information, maps, plans, and specifications, and any amendments to the application or supplemental information, shall be placed into evidence by the department.(g) All objections to rulings of the presiding officer regarding evidence or procedure and the grounds for the objections shall be timely stated during the course of the hearing. Nothing herein shall be construed as independent authorization for interlocutory appeals of rulings of the presiding officer.(h) No information shall be considered as evidence or made part of the record in any proceeding before the council that is not introduced as evidence in accordance with this part.N.H. Admin. Code § Env-WtC 206.05
#9214, INTERIM, eff 7-23-08; ss by #9347, eff 12-10-08