1. (a) The office shall conduct an interview with, or communicate with, a party, intervenor, witness, or potential witness outside of the presence of all persons who have filed an appearance when:

   1. (1) All persons who have filed an appearance assent to such a process;
   2. (2) To do so is necessary to confirm facts contained in a request for a waiver of the fee under Rko 203.04;
   3. (3) Pursuant to RSA 91-A:7-c, III such communication is to verify compliance with a ruling issued by the office;
   4. (4) In cases in which expedited action has been requested, the ombudsman concludes that such action is necessary to communicate the office’s general understanding of the law, in an effort to prohibit a potential future violation of RSA 91-A; or

   5. (5) All persons who have filed an appearance have been:

      1. a. Advised of the anticipated use of this procedure, in advance;

      2. b. Informed that the ombudsman concludes that an interview with a person is necessary in order to advance the case in a fair and efficient manner, for example to:

         1. 1. Discuss confidential materials with a witness or potential witness;
         2. 2. Communicate with a potential witness who is unable to attend a hearing;
         3. 3. Communicate with a person whom the ombudsman believes is necessary to call as a witness, but whom the parties have determined not to call; and
      3. c. Given an opportunity to state any objections on, or in, the record.
2. (b) The office shall document the fact of a communication under (a) above in writing made available to all persons who have filed an appearance.

Source. #13921, eff 5-20-24