Section Sw 216.07 - Reopening the Record(a) At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence, or arguments not previously received, if the presiding officer determines that such testimony, evidence, or arguments are necessary to a full and fair consideration of the issues to be decided.(b) The presiding officer shall grant a motion, pursuant to (a) above when: (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 or the claim of law was inadvertently omitted; and(3) The presiding officer determines that the evidence or claim of law 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.(d) The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the presiding officer determines that the evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted and the evidence or claim of law 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.(e) If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing reopened pursuant to (c) above for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.N.H. Admin. Code § Sw 216.07
Derived From Volume XXXVII Number 6, Filed February 9, 2017, Proposed by #12093, Effective 1/27/2017.