Section Plc 206.18 - Discovery and Disclosure; Identification of Exhibits(a) The enforcement division shall provide for the disclosure of any investigative report or other unprivileged information in the possession of the OPLC that is reasonably related to the subject matter of the proceeding.(b) Parties shall attempt to agree among themselves concerning the mutual exchange of relevant information. If these efforts prove unsuccessful, a participant wishing to initiate discovery against another participant, shall, by motion:(1) Seek leave to do so; and(2) Identify the exact type of discovery requested.(c) Discovery shall be ordered when the participants cannot adequately address specific relevant factual issues at the time fixed for the presentation of evidence, and addressing these issues at a subsequent time would place the requesting party at a material disadvantage.(d) Subject to (e), below, not less than 14 days before the hearing the participants shall provide to the other participants and to the presiding officer: (1) A list of all witnesses to be called at the hearing together with a brief summary of their testimony;(2) A list of all documents and exhibits to be offered as evidence at the hearing; and(3) A clear and legible copy of each document or exhibit, which shall be sequentially marked and identified as follows: a. Exhibits from the prosecutor shall be marked with the words "Prosecution Exhibit" followed by a sequential cardinal number, so that the first exhibit is labeled "Prosecution Exhibit 1" and the second is "Prosecution Exhibit 2," and so on;b. Exhibits submitted by other participants shall be labeled in the same manner as the prosecutor's, except they shall be identified by the words "Respondent Exhibit" or "Intervenor Exhibit" as appropriate; andc. Exhibits submitted by any person not covered by a. or b. above shall be marked as directed by the presiding officer; and(4) Any requests for changes to standard procedure or other matters concerning conduct of the hearing.(e) If the proceeding was initiated pursuant to Plc 206.07 relative to emergency proceedings, the time period for providing the items specified in (d)(1)-(4), above, shall be not less than 3 working days before the hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication.N.H. Admin. Code § Plc 206.18
Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).