Section Fam 214.06 - Reopening the Record(a) If no written proposal for disposition pursuant to Fam 214.07(d) or decision pursuant to Fam 214.07(a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence or claims of law.(b) A motion pursuant to (a) above shall be granted if:(1) There is no objection from any other party or intervenor;(2) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted; and(3) The presiding officer determines that the evidence or claim of law is relevant, material and non-duplicative, and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.(c) If there is an objection from a party or intervenor to a motion to reopen the record made pursuant to (a) above, the hearing shall be reopened for the limited purpose of receiving offers of proof on the issue of reopening the record.(d) The presiding officer shall grant a motion to reopen the record if, after receiving the offers of proof, the presiding officer determines that: (1) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted; and(2) The evidence or claim of law is relevant, material, and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.(e) If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall permit a hearing for the purpose of receiving evidence, permitting cross-examination, and permitting argument on the substance of the evidence or on the claim of law.N.H. Admin. Code § Fam 214.06
Derived From Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12633, Effective 10/2/2018.