Section Ret 204.08 - Conduct of Hearing(a) The presiding officer shall begin the hearing by recording the place, time, date, and issues of the hearing together with the names of all parties and witnesses in attendance.(b) The presiding officer shall maintain the record of the hearing and, in a disability hearing conducted pursuant to RSA 100-A:6, a current medical report prepared by a medical advisor designated by the board of trustees.(c) The presiding officer shall regulate the course of the hearing, the receipt of offers of proof, the receipt of any relevant testimonial or documentary evidence, and the questioning of any witnesses. The presiding officer shall conduct a hearing in such a manner as to best ascertain the rights of the parties and shall not be bound by common law or nonstatutory rules of evidence. All parties may present evidence through the production of witnesses and exhibits and shall have the right to cross-examine all opposing witnesses. The presiding officer shall administer an oath or affirmation to each witness. The presiding officer shall exclude evidence that is irrelevant, immaterial, or unduly repetitious.(d) The retirement system shall produce any retirement system witnesses, documents, or other evidence under its control which are deemed by the presiding officer to be necessary to understand and determine the issues. All parties shall have an opportunity to respond to any evidence produced and to cross-examine any witness called pursuant to this paragraph.(e) All parties in attendance may, prior to the close of the hearing, present a brief statement of their positions and submit legal memoranda and requests for findings of fact and rulings of law.(f) Unless otherwise provided by law, the petitioner shall have the burden of proof in all hearings. Within 75 days after the close of the hearing record, unless there is good cause for an extension, the presiding officer shall make a written recommendation to the board of trustees based upon the preponderance of the evidence in the record.(g) If the presiding officer orders or allows the submission of post-hearing evidence, copies of all such evidence shall be provided to all other parties at the time of transmittal of the evidence to the presiding officer. In such cases, all parties shall have 15 days to object. After the expiration of this 15-day period the presiding officer shall rule on any objections to the post-hearing evidence.(h) The presiding officer shall not receive or initiate a prohibited communication as defined in Ret 201.02.N.H. Admin. Code § Ret 204.08
#5880, eff 8-19-94, EXPIRED: 8-19-00
New. #7374, INTERIM, eff 10-13-00, EXPIRES: 4-11-01; ss by #7477, eff 4-10-01; ss by #7572, eff 10-10-01
Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12709, Effective 1/9/2019.