Current through Register No. 45, November 7, 2024
Section Ve-H 216.07 - Reopening the Record(a) Any party or intervenor may:(1) Move to reopen the record for the inclusion in the record of specified evidence or claims of law; and(2) File an objection to such a motion to reopen the record.(b) The board shall grant a motion to reopen the record if:(1) The evidence sought to be included in the record appears not to have been available at the time of the hearing or the claim of law was inadvertently omitted; and(2) The board determines that: a.The newly discovered evidence or new claim of law is relevant, material and non-duplicative; andb.Its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.(c) After the board grants a motion to reopen the record pursuant to (b) above, it shall: (1) Accept the newly discovered evidence or claim of law as part of the record; and(2) Not schedule a hearing unless the newly discovered evidence is testimonial in nature.N.H. Admin. Code § Ve-H 216.07