1. (a) When necessary to aid in clarifying any matter raised in the applicant’s appeal or answer thereto, to review potential conflicts associated with substitute board members, or to coordinate scheduling of motion hearings and final hearings the board shall hold prehearing conferences pursuant to RSA 541-A:31, V(c) or require prehearing submissions.

2. (b) Prehearing conferences or prehearing submissions shall be intended to achieve 2 general goals:

   1. (1) Explore settlement; and
   2. (2) Prepare the matter for final hearing.
3. (c) Except in cases where justice shall require the receipt and consideration of additional evidence, the board shall decide the matter based on the certified record.

4. (d) All requests to expand the certified record shall be made in advance of any scheduled hearing and be based upon available information or data needed to:

   1. (1) Fully understand the nature of the matter before the board and the requested relief;
   2. (2) Resolve any conflicting facts appearing from the certified record; or
   3. (3) Consider any other facts which could affect the full and fair consideration of any matter before the board.

5. (e) Parties who fail to attend a prehearing conference shall be deemed to have waived the opportunity to:

   1. (1) Present their positions at the prehearing conference, except as presented in writing to the board in the party's prehearing submission; and
   2. (2) Confront, question, or challenge the other party's position and presentation, except as presented in writing to the board in the party's prehearing submission.
6. (f) A party's nonattendance shall not affect the board's authority to issue a prehearing conference order pursuant to RSA 541-A:31, V(c).

Source. #13226 eff 7-7-21