New Hampshire Revised Statutes 400-A:19 – Conduct of Hearing
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I. The commissioner may hold a hearing in Concord or any other place of convenience to parties and witnesses, as the commissioner determines. The commissioner or his designee shall preside at the hearing, and shall expedite the hearing and all procedures involved therein.
II. Any party to the hearing shall have the right to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence and to examine and cross-examine witnesses, to present evidence in support of his interest and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence in his behalf. Testimony may be taken orally or by deposition, and any party shall have such right of introducing evidence by interrogatories or deposition as may obtain in the superior court.
III. Upon good cause shown, the commissioner shall permit to become a party to the hearing by intervention, if timely, such persons, not original parties thereto, whose interests are affected by the commissioner’s order made upon the hearing.
IV. Formal rules of pleading or of evidence need not be observed at any hearing.
V. The hearing shall be public, unless the commissioner or hearing officer determines that a private hearing would be in the public interest, in which case and only with the consent of all parties to the hearing, the hearing shall be private.
VI. The commissioner or his hearing officer may cause a complete record to be made of the hearing proceedings by a competent reporter or by electronic recording, and if transcribed, such record shall be made a part of the commissioner’s record of hearing. In the event of an appeal from any order of the commissioner issued pursuant to Title XXXVII, if a record of the proceedings is available a transcript shall be made, and expenses of transcription shall be paid by the party making the appeal at the rate charged for transcripts of proceedings in the superior court at the time the appeal is made. Nothing in this chapter shall prohibit any party to a hearing held pursuant to Title XXXVII from receiving at any time, upon request and upon payment of expenses, a transcript of the hearing, if a record was made.
VII. The validity of any hearing held in accordance with the notice thereof, or waiver of notice, shall not be affected by the failure of any person to attend or remain in attendance.
II. Any party to the hearing shall have the right to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence and to examine and cross-examine witnesses, to present evidence in support of his interest and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence in his behalf. Testimony may be taken orally or by deposition, and any party shall have such right of introducing evidence by interrogatories or deposition as may obtain in the superior court.
Terms Used In New Hampshire Revised Statutes 400-A:19
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
III. Upon good cause shown, the commissioner shall permit to become a party to the hearing by intervention, if timely, such persons, not original parties thereto, whose interests are affected by the commissioner’s order made upon the hearing.
IV. Formal rules of pleading or of evidence need not be observed at any hearing.
V. The hearing shall be public, unless the commissioner or hearing officer determines that a private hearing would be in the public interest, in which case and only with the consent of all parties to the hearing, the hearing shall be private.
VI. The commissioner or his hearing officer may cause a complete record to be made of the hearing proceedings by a competent reporter or by electronic recording, and if transcribed, such record shall be made a part of the commissioner’s record of hearing. In the event of an appeal from any order of the commissioner issued pursuant to Title XXXVII, if a record of the proceedings is available a transcript shall be made, and expenses of transcription shall be paid by the party making the appeal at the rate charged for transcripts of proceedings in the superior court at the time the appeal is made. Nothing in this chapter shall prohibit any party to a hearing held pursuant to Title XXXVII from receiving at any time, upon request and upon payment of expenses, a transcript of the hearing, if a record was made.
VII. The validity of any hearing held in accordance with the notice thereof, or waiver of notice, shall not be affected by the failure of any person to attend or remain in attendance.