N.H. Admin. Code § We 206.14

Current through Register No. 50, December 12, 2024
Section We 206.14 - Failure to Appear
(a) If any party to whom notice of a hearing has been given in accordance with these rules fails to appear and fails to advise the board of such non-appearance in advance of the hearing, and the presiding officer determines that delaying the hearing to a later date would cause inconvenience or prejudice to the party or parties present, the board shall hear the evidence and testimony of the parties present.
(b) If a hearing is held in a party's absence, the party may file a motion to reconvene the hearing within 10 days after the date of the hearing.
(c) The motion shall:
(1) State the reason(s) why the party was absent from the hearing;
(2) State the reason(s) why the board was not notified of the absence in advance of the hearing; and
(3) Be supported by affidavits or other evidence.
(d) If the board determines that good cause exists to explain the party's failure to appear at the hearing and to explain the party's failure to notify the board in advance of the hearing, the board shall reconvene the hearing by scheduling another hearing. For the purposes of this section, good cause shall include accident, sudden illness, death of a family member or other circumstance beyond the control of the party which prevents the party from attending the hearing and from notifying the board.

N.H. Admin. Code § We 206.14

#7307, eff 6-13-00; ss by #9178-A, eff 6-13-08