- (a) The commission shall, on its own motion or at the request of a party, authorize filing of exhibits after the close of the record, and before a decision is made, if the commission finds that late submission of additional evidence will enhance its ability to resolve the matter in dispute.
(b) Any party requesting to file an exhibit after the close of the record shall make its request:
- (1) Orally before the close of the hearing; or
- (2) If the hearing has concluded, by motion, pursuant to Puc 203.08(b).
(c) In determining whether to admit the late filed exhibit into the record, the commission shall consider:
- (1) Whether there are reasonable grounds for failure to submit such exhibit previously;
- (2) The probative value of the exhibit; and
- (3) Whether a parties' right of cross-examination pursuant to RSA 541-A:33, IV is adequately protected if not provided the opportunity to submit a document impeaching or rebutting the late filed exhibit.
Source. #14184, eff 1-24-25 (formerly Puc 203.30)