Section Mhp 208.02 - Methods of Proceeding - Generally(a) If the parties agree, the board shall proceed as follows: (1) Where facts material to the subject matter of the proceeding are in dispute but personal observation of the witnesses or the immediate opportunity for cross-examination of witnesses is not required, the proceeding shall, to that extent, consist of the submission of affidavits and memoranda; and(2) Where no facts material to the subject matter of the proceeding are in dispute the proceeding shall, to that extent, be limited to the submission of memoranda which argue the conclusions the parties wish the board to draw from the undisputed facts.(b) If the parties do not agree to one of the methods of proceeding in (a) above, the matter shall proceed to an adjudicatory hearing.(c) Oral argument, other than a brief opening and closing statement shall be permitted when requested in a written motion, which demonstrates a substantial need for such a procedure. Written argument in the form of legal briefs or memorandum shall be permitted subject to such filing schedules as the board shall direct by oral or written order.(d) The presiding officer shall schedule supplemental argument or hearing, or to otherwise reopen the record at any time prior to the issuance of a final order in a proceeding.N.H. Admin. Code § Mhp 208.02
(See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99
New. #7624, eff 1-10-02, EXPIRED: 1-10-10
New. #9853-A, eff 1-25-11 (formerly Mhp 207.02 )
Amended by Volume XXXV Number 01, Filed January 8, 2015, Proposed by #10745, Effective 12/16/2014.