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Rules > PART Pub 203


PART Pub 203 CONDUCT OF HEARING

Pub 203.01 Witnesses; Subpoenas; Exhibits.
Pub 203.02 Rights to Representation.
Pub 203.03 Rules of Evidence.
Pub.203.04 Motions; Objections.
Pub 203.05 Testimony; Filing of Briefs.
Pub 203.06 Closing of the Record.
Pub 203.07 Reopening of the Record.
Pub 203.08 Transcript.

Pub 203.01 Witnesses; Subpoenas; Exhibits.

(a) Not later than 10 days before the scheduled date of any hearing, the parties shall submit and exchange a list of all witnesses to be called to testify at the hearing and the purpose of their testimony and a list of exhibits. These requirements may be satisfied by a party's filing of witness and exhibit lists in a joint pre-hearing worksheet or according to a schedule otherwise ordered by the presiding officer.

(b) No employee serving as a witness or as counsel at a hearing shall suffer any loss of pay or benefits for having so appeared or served. In the case of such loss, a violation of RSA 273-A:5, I shall be presumed. However, any pay to which the witness may be entitled to under this paragraph may be reduced by the amount of any witness fee received.

(c) The presiding officer, on his or her own motion or at the request of a party or parties, shall sequester witnesses, when it shall assist the trier of fact.

(d) Upon written application, the board shall compel the attendance of witnesses and the production of documents by the issuance of subpoenas in the name of the board under RSA 273-A:6, IV provided .that the application:

(1) Identifies the witness and the witnesses' residential mailing address if known, or the witnesses' work address;

(2) Describes in detail any documents sought under a subpoena duces tecum and the name and residential or work address of the custodian of the requested documents; and

(3) Contains a clear and concise statement of the reason for making the application, including a description of the relevance of the witnesses' testimony or requested documents.

(e) A witness who is subpoenaed shall be paid fees as provided in RSA 516. Requirements for service and fees shall be borne by the party requesting the subpoena.

Pub 203.02 Rights to Representation.

(a) Any party to an adjudicative proceeding may be represented by an attorney licensed to practice law in New Hampshire or another person of the party's choosing. The attorney or the party representative shall notify the presiding officer of such representation in writing by filing a separate Notice of Appearance form not later than the time by which the responsive pleadings are exchanged by the parties or upon engagement if engaged thereafter, provided, however, that an attorney or party representative who files the initial complaint or petition is not required to file a separate Notice of Appearance form.

(b) The appearance filed by the party's representative shall include the following:

(1) A brief identification and any docket number associated with the matter in which the representative will appear;

(2) A statement as to whether the representative is an attorney and if so, whether that representative is licensed to practice in New Hampshire; and

(3) That representative's daytime business address and telephone number.

(c) Nothing in these rules shall be construed to allow or encourage the unauthorized practice of law.

Pub 203.03 Rules of Evidence.

(a) The formal rules of evidence shall not apply in adjudicative proceedings. Any oral or documentary evidence shall be received except that the presiding officer shall rule on and exclude irrelevant, immaterial or unduly repetitious evidence. The board shall observe those matters of privilege recognized by law. Objections to evidence offered may be made by a party and shall be ruled on by the presiding officer, thus causing it to be noted in the record of proceedings.

(b) All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer.

(c) Documentary evidence shall be received by the board or presiding officer. Each exhibit shall contain an original, or authenticated conformed copy of the original, and 5 copies, the production and copying of which shall have been arranged prior to the day of hearing, unless extenuating circumstances make this impossible. At least 5 days before the scheduled hearing, or, in the case of rebuttal exhibits submitted at hearing, at least 5 days after the hearing, each party shall file one copy of their proposed exhibits electronically, properly marked for identification and/or accompanied by a separate statement designating exhibits which may be joint or exhibits with respect to which any objection is waived. Electronic filing of hearing exhibits, including any rebuttal exhibits submitted at hearing, shall not be required when the total number of pages for all of a party's exhibits exceeds 100 pages, exclusive of any collective bargaining agreements which may be offered as exhibits, or when a motion seeking relief from the requirement of electronic filing of exhibits has been granted, such motions to be filed by the time of the pre-hearing conference, if any, or otherwise at least 15 days prior to the day of hearing .

(d) In order to facilitate hearings and the taking of documentary evidence or testimony thereon, pursuant to RSA 541-A:33, V, the presiding officer shall take official notice of:

(1) Any fact or result which would be judicially noticed by the courts of this state;

(2) The record of other proceedings before the board; and

(3) Generally recognized and commonly accepted terminology pertaining to public sector labor-management relations.

Pub. 203.04 Motions; Objections.

(a) All requests for specific relief in a pending case shall be presented by means of a motion.

(b) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information that was not received in time to prepare a written motion.

(c) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer may direct the moving party to submit the motion in writing, with supporting information.

(d) Objections to written motions shall be filed within 15 days of the date of the motion, unless the circumstances of the case, as determined by the presiding officer, require a shorter period.

(e) The presiding officer shall rule upon a motion after full consideration of all objections filed and other factors relevant to the motion.

Pub 203.05 Testimony; Filing of Briefs.

(a) Any person whose interests might be affected by the proceedings shall be permitted to testify at the hearing providing they have been granted the status of intervenor by the board.

(b) If the presiding officer determines that a hearing on any matters before it is unnecessary because there are no genuine disputes of relevant and material fact, the presiding officer shall notify the parties of the date by which briefs may be submitted on the matters in question.

(c) The presiding officer shall require or shall allow, upon the request of a party, the filing of pre-hearing and/or post hearing briefs if the presiding officer determines that the submission of such briefs will be of assistance in deciding some or all of the issues in the case.

(d) All such required or allowed post-hearing briefs shall be filed no later than 14 days following the last day of hearing, unless the presiding officer establishes a different date. Others entitled to participate, including those with amicus curiae status, shall submit briefs by the same deadline.

(e) Except by prior leave of the presiding officer, no brief or memorandum shall exceed 15 pages. Each brief shall be prepared in a font size no smaller than 10 characters per inch or, if a proportionately spaced font is used, no less than 12 point. Each brief shall have no less than one inch margins. Each brief shall be consecutively numbered in the bottom center of each page; and be double spaced except for quoted material.

Pub 203.06 Closing of the Record.

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) and (c) of this section.

(b) Before the conclusion of the hearing, the presiding officer shall require, or a party may request that the record be left open to accommodate the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall specify a date after the hearing until which the record shall remain open to receive the evidence.

(c) If any other party to the hearing requests time to respond to evidence submitted under paragraph (b) above, the presiding officer shall specify a date following filing of the material for the filing of a response. If any other party to the hearing requests the opportunity to cross-examine on the additional evidence submitted and admitted, the presiding officer shall specify a continued hearing date following filing of the materials for the purpose of conducting an examination on the additional evidence.

Pub 203.07 Reopening of the Record.

(a) At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own motion or on the motion of any party, shall reopen the record to receive newly discovered, relevant, material and non-duplicative testimony or evidence not previously received and not previously available at the time of hearing if the presiding officer determines that such testimony and evidence are necessary to a full consideration of the issues which form the subject of the hearing.

(b) Requests to reopen the record made after one or more parties have left the hearing shall be made in writing and supplied to the board or presiding officer and to any parties to the proceeding by the requestor. The requirements of Pub 201.01 shall be met.

(c) The presiding officer shall give written notice of such further proceedings if the parties are no longer present. The presiding officer shall also specify a date by which other parties shall respond to or rebut the newly received evidence.

Pub 203.08 Transcript.

(a) All hearings shall be electronically recorded by the board or its agents or employees. Any person desiring to make a recording of a hearing may do so in a non-disruptive manner. However, the board's recording of the proceedings shall be considered the official record thereof. Copies of the board's recording of the proceeding may be obtained upon request under Pub 103.01(b).

(b) In the event a party appeals a board decision to the Supreme Court, and that party's appeal is accepted for review, the appealing party shall initially bear the full, reasonable cost of preparing the transcript. Transcription shall be arranged in accordance with RSA 541-A:31, VII. The appealing party shall, upon completion of transcription, provide the original transcript and one copy of the transcript to the board no later than 14 days prior to the date established by the Supreme Court for the filing of board's record for inclusion within the record to be submitted to the Supreme Court. The costs of transcription shall include copies submitted to the board and for all parties of record.

New Hampshire Public Employee Labor Relations Board
2½ Beacon Street, Suite 200 | Concord, NH 03301
Telephone: (603) 271-2587 | E-mail: pelrb@nh.gov
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