Section Saf-Mec 212.02 - Order of Testimony; Cross-Examination(a) All testimony of parties shall be made under oath or affirmation administered by the presiding officer.(b) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified.(c) Testimony on behalf of the parties shall be offered in the following order: (1) The testimony of the party or parties bearing the overall burden of proof and such witnesses as such party or parties may call; and(2) Thereafter, the testimony of the party or parties opposing the party who bears the overall burden of proof and such witnesses as such party or parties may call.(d) If there is a clear dispute of facts between the parties in which the credibility of testimony might determine the outcome of the hearing, the presiding officer, on the request of a party, shall sequester witnesses until they are called to testify.(e) Notwithstanding (d) above, a witness shall be sequestered only if prosecution and defense, as appropriate, shall have one individual present throughout the process to ensure neither side is placed at an unfair advantage for summation.(f) The testimony of intervenors and such witnesses as such intervenors may be allowed to call shall be offered at the time directed by the presiding officer.(g) Each party may cross-examine any witnesses offered against that party.(h) The right of an intervenor to cross-examine witnesses shall be determined by the presiding officer.(i) Subject to the direction of the presiding officer who shall regulate the time and manner of speaking in an orderly fashion, board members present during and participating in an adjudicative proceeding shall question witnesses and make such inquiry of witnesses as they believe appropriate for a full and true disclosure of the facts of the case.N.H. Admin. Code § Saf-Mec 212.02
Derived From Volume XXXV Number 14, Filed April 9, 2015, Proposed by #10798, Effective 3/18/2015.