Section Lot 216.03 - Testimony; Order of Proceeding(a) In accordance with RSA 284:13, I, any member of the commission, or the commission's designee, may administer oaths and affirmations, examine witnesses, and receive testimony and shall forward findings to the full commission as part of the hearing.(b) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified.(c) Testimony shall be offered in the following order:(1) The party or parties who bears the burden of proof shall first present all evidence and such witnesses as the party necessary to support his/her allegation;(2) The party or parties opposing the party who bears the overall burden of proof shall then present any evidence desired and such witnesses as the party may call in defense, or as directed in the order of notice;(3) The party that bears the burden of proof shall then present any evidence desired in rebuttal; and(4) A party who calls a witness shall first examine the witness. Thereupon, the party opposing may cross-examine the witness. The party sponsoring the witness may then re-examine the witness.(d) Oral sessions of the proceeding shall be audio-recorded.(e) A copy of the tape shall be made and kept in the record.(f) The presiding officer shall close the proceedings after all evidence is offered and all witnesses have presented their testimony.(g) Per RSA 284:13, I, false swearing before the commission shall be attended with the same penalties as if such false swearing occurred in an action in the superior court.N.H. Admin. Code § Lot 216.03
#12093, eff 1/27/2017 (See Revision Note #1 at chapter heading for Lot 200) (See Revision Note #2 at chapter heading for Lot 200).