1. (a) If no decision has yet been issued, any party or intervenor may move to reopen the record for the inclusion in the record of additional specified evidence or claims of law.

2. (b) A motion pursuant to (a) above shall be granted if:

   1. (1) There is no objection from any other party or intervenor;
   2. (2) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently, and without fault on the part of the person making the claim, omitted; and

   3. (3) The presiding officer determines that:

      1. a. The evidence or claim of law is relevant, material and non-duplicative; and
      2. b. The inclusion of the evidence or claim of law in the record is necessary to a full and fair consideration of the issues to be decided.
3. (c) If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of whether the record should be reopened.

4. (d) The presiding officer shall grant a motion made pursuant to (a) above if, after the hearing described in (c) above, the presiding officer determines that:

   1. (1) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently, and without fault on the part of the person making the claim, omitted;
   2. (2) The evidence or claim of law is relevant, material and non-duplicative; and
   3. (3) The inclusion of the material in the record is necessary to a full and fair consideration of the issues to be decided.

5. (e) If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.

   Source. #13921, eff 5-20-24

   Rko 214.04. Issuance of Final Rulings.

6. (a) No later than 30 days after the submission of a case, the ombudsman shall:

   1. (1) Issue a dated, written decision in accordance with paragraph (b) below;

   2. (2) Provide, by means of U.S. first class mail, certified mail, registered mail, or personal delivery, a copy of the decision to:

      1. a. The parties; and

      2. b. Intervenors; or

         .

7. (b) Issue an order pursuant to RSA 91-A:7-b, V indicating the existence of good cause for extension of the decision date.

8. (c) A decision under (a) above shall:

   1. (1) Be in writing;
   2. (2) Be dated;
   3. (3) Set forth the reason or reasons for the determination; and
   4. (4) Contain, in narrative or individually numbered form, such findings of fact and rulings of law as are necessary to the determination.

Source. #13921, eff 5-20-24