Current through Register No. 50, December 12, 2024
Section He-C 203.17 - Conduct During Hearing(a) Parties, intervenors, counsel, representatives and witnesses shall be respectful and courteous to others at all times.(b) During the hearing, one person shall speak at a time, without interruption by other parties, intervenors, counsel, representatives or witnesses.(c) The sole exception to (b) above shall be when a party, intervenor, counsel or representative objects to a question being asked.(d) Parties, counsel, representatives and witnesses shall not engage in angry exchanges, use obscenities, intentionally antagonize others, or make abusive or insulting comments or gestures.(e) If unacceptable behavior continues after one warning of the possible consequences under this rule, and the offender is not a party, the presiding officer shall bar the offender from the proceeding.(f) If the unacceptable behavior continues after one warning of the possible consequences under this rule, and the offender is a party, the presiding officer shall take appropriate action in accordance with He-C 201.04.(g) If the hearing is reconvened at a later date as a result of a party's unacceptable behavior, and the unacceptable behavior continues, the presiding officer shall terminate the proceeding and issue a decision based on the existing record, except as provided in (h) below.(h) A party's unacceptable behavior shall not be the basis for an adverse decision.(i) The exception to (h) above shall be where a party's behavior interfered with the hearing process to the extent that a full and complete record sufficient to render a decision could not be obtained. In such a case, the presiding officer shall find that the non-compliant party has abandoned the appeal process and issue a decision adverse to the non-compliant party.N.H. Admin. Code § He-C 203.17