Rea 205.05  Withdrawal of Commissioner.

     (a)  Upon his or her own initiative or upon the motion of any party, a commissioner shall, for good cause withdraw from any hearing.

     (b)  Good cause shall exist if a commissioner:

           (1)  Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of relationship, with any party; or

           (2)  Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

           (3)  Personally believes that he or she cannot fairly judge the facts of a case.

      (c)  Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

     Rea 205.06  Appearances and Representation.

     (a)  A party or the party's representative shall file an appearance that includes the following information:

           (1)  A brief identification of the matter;

           (2)  A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

           (3)  The party or representative's daytime address and telephone number.

     Rea 205.07  Prehearing Conference.  Upon  request by any party, or upon the initiative of the presiding officer or commission officials a prehearing conference shall  be scheduled in accordance with RSA 541-A:31, V, to consider:

     (a)  Offers of settlement;

     (b)  Simplification of the issues;

     (c)  Stipulations or admissions as to issues of fact or proof by consent of the parties;

     (d)  Limitations on the number of witnesses;

     (e)  Changes to standard procedures desired during the hearing by consent of the parties;

     (f)  Consolidation of examination of witnesses; or

     (g)  Any other matters which aid in the disposition of the proceeding.

     Rea 205.08  Role of Agency Staff in Enforcement or Disciplinary Hearings.  Unless called as witnesses, agency staff shall have no role in any enforcement or disciplinary hearing.

     Rea 205.09  Role of Complainants in Enforcement or Disciplinary Hearings.  Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the commission about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

     Rea 205.10  Postponements. 

     (a)  Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

     (b)  If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated.  Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

     (c)  If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record.  If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

     Rea 205.11  Failure to Attend Hearing.  If any party to whom notice has been given in accordance with Rea 205.01 fails to attend a hearing, the presiding officer shall:

     (a)  Declare that party to be in default; and

     (b)  Either:

            (1)  Dismiss the case, if the party with the burden of proof fails to appear; or

            (2)  Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

     Rea 205.12 Witnesses.  All witnesses appearing before the commission shall testify under oath or affirmation. Oaths shall be administered by the presiding officer.

     Rea 205.15  Reopening the Record.  At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

     Rea 205.16 Hearing Procedures.

    (a) Disciplinary hearings shall be heard by a hearing panel consisting of at least 3 commission members. The hearing panel shall not include the commission member responsible for evaluating the complaint. The commission chairperson or acting chairperson shall act as the presiding officer.

    (b) The complainant, whether a member of the public or the commission's investigator or complainant's representative, shall open the proceedings through production of witnesses and exhibits, to be followed by those produced by the licensee complained against, or licensee's counsel. Opportunity shall be afforded to either party to cross-examine each witness of the other party at the conclusion of the witness's direct testimony. Commission members shall if necessary ask questions of the witness during examination or subsequent to cross-examination, and shall request additional evidence as the hearing panel deems necessary to an understanding and determination of the issues.

    (c) After all evidence is submitted, the complainant, or complainant's representative, shall summarize first, followed by the licensee complained against. The hearing panel shall then retire with the facts to deliberate on the case and make its decision. Written memoranda and statements may also be filed with the hearing panel before the close of evidence.