N.H. Code Admin. R. Dec 204.08
Evidence; Official Notice in Contested Cases
Effective Apr 25, 2008#4235, eff 2-20-87, EXPIRED: 2-20-93 New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94 New. #5824, eff 8-30-94, EXPIRED: 8-30-00 New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01 New. #9144-A eff 4-25-08Nuclear Decommissioning Financing Committee
- (a) All testimony of parties and witnesses shall be made under oath or affirmation.
- (b) As provided in RSA 541-A:33, II, the rules of evidence shall not apply in adjudicative proceedings before the committee.
- (c) Any oral or documentary evidence may be received, but the committee shall exclude irrelevant, immaterial or unduly repetitious evidence.
- (d) The committee shall give effect to the rules of privilege recognized by law.
- (e) Objections to evidence offered may be made and shall be noted in the record.
- (f) Any party shall be permitted to conduct cross-examination required for a full and true disclosure of the facts.
(g) As provided in RSA 541-A:33,V, official notice may be taken of any one or more of the following:
- (1) Any fact that could be judicially noticed in the courts of this state;
- (2) The record of other proceedings before the committee;
- (3) Generally recognized technical or scientific facts within the committee's specialized knowledge;
- (4) Codes, regulations, requirements, or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association; and
- (5) The record of proceedings before the Nuclear Regulatory Commission or other federal agencies, commissions, or boards, and publications of the United States.
- (h) The committee shall notify parties either before or during the hearing, or by reference in preliminary notices or otherwise, of the material given official notice.
- (i) The committee shall afford parties an opportunity to contest the material so noticed.
- (j) The committee's experience, technical competence and specialized knowledge shall be used in the evaluation of the evidence pursuant to RSA 541-A:33, VI.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93 New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94 New. #5824, eff 8-30-94, EXPIRED: 8-30-00 New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01 New. #9144-A eff 4-25-08