Section Per-A 206.12 - Requests for Postponement, Rescheduling or Special Scheduling(a) Any party may request that the board postpone or reschedule a hearing, or specially schedule the hearing for a different date, time, duration or place, or in a different manner, than indicated in the board's notice.(b) A party requesting postponement or rescheduling of a hearing shall:(1)Submit such request in writing to the board no later than10 days from the date of the notice of hearing; and(2) Prior to submission of the request to the board, attempt to ascertain whether the other party agrees or disagrees with the request to reschedule or postpone the hearing.(c) A request to postpone or reschedule a hearing shall include the following: (1) The reason or reasons that a postponement or rescheduling is believed necessary; and(2) A statement whether the other party either agrees or disagrees with the request to reschedule or postpone the hearing, if known.(d) The board shall not grant a request to postpone or reschedule a hearing unless it concludes that to do so is necessary to address: (1)The unavailability of a party, material witness or his or her representative that is beyond the person's control;(2) The possibility that a hearing will not be necessary because the parties have reached a settlement; or(3) Any circumstances that demonstrate that a postponement or rescheduling would assist in resolving the case fairly.(e) In the case of a postponement ordered by the board during a hearing: (1) If the later date, time and place are then known, the date, time and place shall be stated on the record; or(2) If the later date, time and place are not then known, the board shall issue a written scheduling order stating the date, time and place of the postponed hearing.(f) Except as hereinafter provided, the board shall allow one hour for each hearing on the merits, and each party shall be allowed 30 minutes in which to present its evidence.(g) If a party believes that the hearing will take more than the allotted time, or that the hearing must be held only on certain dates, at certain times, in a certain place, or in a manner otherwise different than scheduled, the party shall:(1) Submit a request to the board in writing, or orally at a scheduled prehearing conference; and(2) Prior to submission of the request to the board, attempt to ascertain whether the other party agrees or disagrees with the request.(h) A request under (g) above shall explain: (1) Why the hearing can not be completed in the time allotted, must be held only on certain dates, at certain times, in certain places, or in a manner otherwise different than scheduled;(2) How much time the party believes it will require to complete the hearing, or what other adjustments the party believes are necessary; and(3) Whether or not the other party agrees with the request for special scheduling, if known.(i) The board shall not grant a request for special scheduling under paragraph (g) above unless it concludes that to do so is necessary to assist in resolving the case fairly.N.H. Admin. Code § Per-A 206.12
(See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #9205, eff 10-23-08