Current through Register No. 45, November 7, 2024
Section Nat 212.07 - Reopening the Record(a) If no written proposal for decision pursuant to Nat 212.08(c) or final decision pursuant to Nat 212.08(a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence.(b) A motion pursuant to (a) above shall be granted if:(1) There is no objection from any other party or intervenor;(2) The evidence sought to be included in the record was not available at the time of the hearing; and(3) The presiding officer determines that evidence is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.(c) If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of reopening the record for the admission of the specified evidence.(d) The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the hearing officer determines that the evidence: (1) Was not available at the time of the hearing;(2) Is relevant, material and non-duplicative; and(3) Is necessary to a full and fair consideration of the issues to be decided.(e) If the presiding officer permits the reopening of the record for the admission of the specified evidence, the hearing officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence.N.H. Admin. Code § Nat 212.07