Section Hab 201.25 - Hearings, Parties, and Standard of Proof(a) This section shall not impede a party's right to a hearing, but its purpose is to require parties to make succinct and organized presentations.(b) The following procedures shall promote the efficient use of the board's and the parties' time at hearings. (1) All hearings shall be held in accordance with the New Hampshire Constitution, RSA 541-A, RSA 679, and such other statutes applicable to the particular type of hearing;(2) The board shall state the time allotted for each party's presentation in the hearing notice. Parties requiring more than the allotted time shall, within 7 days of the clerk's date on the hearing notice, file a request for additional time, specifying why the allotted time is insufficient and stating how much additional time is required. Factors the board shall consider include the number of issues presented by the applicant's appeal and the complexity of the issues to be decided. The board shall rule on such motion before the hearing;(3) The board shall enforce specific time limits by requiring parties to complete their presentations within the time limits; and(4) In addition to the specific time limits discussed above, the board shall control the length of hearings by requiring succinct presentations and preventing parties from making irrelevant, immaterial, and repetitious presentations;(c) Unless otherwise required by statute, the standard of proof shall be by a balance of the probabilities, on the evidence before it, that the decision being appealed is unlawful or unreasonable, pursuant to RSA 679:9, II.(d) If allowed by the board in advance of the hearing, any person offering testimony, exhibits, or arguments shall state his or her name on the record. If the person is representing another person, the person being represented shall also be identified by name.(e) Testimony shall be offered in the following order:(1) The party(ies) bearing the burden of proof and such witnesses as allowed by the board;(2) The opposing party(ies) and such witnesses as allowed by the board; and(3) Intervenors who have been granted that status under the provisions of RSA 679 and/or RSA 541-A:32 together with any intervenor witnesses who are able to present facts relevant to the case being heard.(f) Pursuant to RSA 679 and/or RSA 541-A:32, when the board grants intervenor status, the board shall issue an order stating the scope and limitations on the intervenor's participation as outlined in RSA 541-A:32, III.(g) The record shall be closed at the conclusion of the hearing unless the board leaves the record open to receive additional evidence or documents requested by the board at the hearing.(h) If allowed by the board in accordance with RSA 679:9, I, parties planning to have experts testify at the hearing shall advise the expert to bring their complete file, including all original records and notes.(i) After the record is closed, it shall not be reopened except as provided in Hab 201.32 or by waiver of the board as provided in Hab 201.36.N.H. Admin. Code § Hab 201.25
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13226, Effective 7/7/2021