Section Int 209.08 - Evidence(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33 and by the provisions of this section.(b) Hearings shall not be conducted under the rules of evidence, but, the evidentiary privileges recognized by the law of New Hampshire shall apply to hearings under this chapter.(c) All information which will assist the board to arrive at the truth shall be admissible, but the presiding officer shall exclude irrelevant, immaterial, unduly repetitious, or legally privileged evidence.(d) The board shall direct that evidence be submitted in written form or alternative format under Int 205.02 unless the evidence is in the format or testimony of witnesses made under oath or affirmation.(e) If the board officially notices a fact, it shall so state, and permit any party or intervener, upon timely request, the opportunity to show the contrary.(f) Witnesses appearing before the board shall testify under oath or affirmation administered by the presiding officer.(g) The board shall cause a tape recording or stenographic record to be made of hearings and prehearing conferences. At the request of a party to any hearing involving disciplinary action, the record of the hearing shall be made by a certified shorthand court reporter provided by the board at the requesting party's expense. A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing. This record shall be transcribed if a request is made by a party who also agrees to pay the cost of transcription or upon the board's own initiative, in which case the board shall pay the cost of transcription. If a transcript is produced, the board shall maintain a copy of the transcript in the file of the matter.(h) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.N.H. Admin. Code § Int 209.08
#10040-A, eff 12-16-11 (from Int 210.14); ss by #10359, eff 6-14-13