Section Mtec 205.12 - Prehearing Conference(a) The presiding officer, upon motion from a party, or upon his or her own initiative, shall require the parties to attend an initial prehearing conference when such a conference would assist in planning for the prompt and efficient disposition of the proceeding.(b) Matters to be addressed at the initial prehearing conference shall include, but not be limited to: (1) The distribution of exhibits and written testimony, if any, to the parties;(2) Opportunities and procedures for simplification of the issues;(3) Possible amendments to the pleadings;(4) Opportunities and procedures for settlement;(5) Possible admissions of fact and authentication of documents to avoid unnecessary proof;(6) Possible limitations on the number of witnesses and possible limitations on the scheduling of witnesses;(7) Possible changes to the standard procedures which would otherwise govern the proceeding; and(8) Other matters which might contribute to the prompt and orderly conduct of the proceeding.(c) If the parties agree that 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 consist of the submission of affidavits and memoranda to the board.(d) If the parties agree that no facts material to the subject matter of the proceeding are in dispute, the proceeding shall be limited to the submission of memoranda to the board which argue the conclusions the parties wish the board to draw from the undisputed facts.(e) If the parties do not agree to one of the methods of proceeding in (a) above, the matter shall: (1) Proceed to an adjudicatory hearing before the full board in accordance with the prehearing conference report and order; or(2) Proceed to hearing before a single hearings officer in accordance with Mtec 207.05.(f) At the conclusion of the prehearing conference, a written order shall be prepared setting forth the resolution of the issues noted in (b) above and the times set for further proceedings in the matter.N.H. Admin. Code § Mtec 205.12
Derived From Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11091-A, Effective 5/5/2016.