Section Env-WtC 206.11 - Close of the Record(a) After the conclusion of the hearing, no other evidence, testimony or exhibits shall be allowed into the record, except as allowed pursuant to (b), below.(b) Prior to the conclusion of the hearing, a participant may request that the record be left open for a specified period of time in which to file evidence or arguments not available at the hearing. If the council determines that such material is necessary to a full consideration of the issues raised in the appeal, the presiding officer shall set a date by which the additional material shall be filed.(c) The participant filing such additional material shall serve copies of all items filed in accordance with Env-WtC 203.10.(d) If any other participant to the hearing requests time to respond to the material submitted, the presiding officer shall set a specific time period following filing of the material for the filing of a response. If any other participant to the hearing requests the opportunity to cross-examine on the additional material submitted, the presiding officer shall set a date and time for a hearing at which cross-examination on the additional material submitted shall be allowed, if the presiding officer determines that such cross-examination is required for a full and true disclosure of the facts.(e) The determination to allow cross-examination shall be based on: (1) The nature of the factual and legal issues in dispute in the proceeding;(2) The testimony and evidence submitted during the hearing and any cross-examination thereon; and(3) The nature of the additional evidence to be submitted.N.H. Admin. Code § Env-WtC 206.11
#8534, eff 12-30-05; renumbered by #9214, (formerly Env-WtC 206.09 ); ss by #9347, eff 12-10-08