1. (a) All parties shall have the opportunity to present testimonial and documentary evidence, cross-examine adverse witnesses, and make opening and closing statements.

2. (b) Introduction and admissibility of evidence shall be governed by the following:

   1. (1) Hearings shall not be bound by the New Hampshire rules of evidence or the federal rules of evidence;
   2. (2) All relevant, reliable, and material evidence shall be admissible;
   3. (3) Evidence that is irrelevant, immaterial, unduly repetitive, or legally privileged shall be excluded; and
   4. (4) Evidence may include, but not be limited to, depositions, affidavits, official documents, and testimony of witnesses.

3. (c) The presiding officer shall:

   1. (1) Officially notice facts;
   2. (2) So state in the official record; and
   3. (3) Set a time for any party to show the contrary.
4. (d) Any person offering testimony, evidence, or arguments shall state for the record their name, and role in the proceeding and if the person is representing another person, the represented person shall also be identified.

5. (e) Testimony shall be offered in the following order:

   1. (1) The party or parties bearing the burden of proof and such witnesses as the party may call;
   2. (2) The opposing party or parties and such witnesses as the party may call;
   3. (3) Rebuttal witnesses; and
   4. (4) Surrebuttal witnesses.

6. (f) During a hearing, the process shall be:

   1. (1) In a hearing concerning proof of an alleged violation, the director or the director’s designee shall open the proceedings through presentation of the director’s witnesses and exhibits;
   2. (2) The presiding officer shall, if the presiding officer has questions, ask them of the witnesses during or subsequent to direct or cross-examination;
   3. (3) The opposing party may present witnesses, their own statements, or choose to provide a narrative presentation of their testimony;
   4. (4) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered; and
   5. (5) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless a party establishes that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or other applicable law.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24