N.H. Admin. Code § Lab 203.07 - Telephonic Hearing

(a) With the consent of all the parties, the presence of a party or the examination of any witness may with the approval of the commissioner or the commissioner's representative be conducted by telephone conference call, or video network conference provided that adequate facilities are available to allow all parties to participate fully.

(b) If all parties do not agree to the presence of a party or the examination of a witness by telephone call or video networking conference, the commissioner, commissioner's representative or the panel shall allow the presence of a party or the ability of a witness to testify by telephone or video network conference upon a finding that:

(1) Adequate equipment and facilities are available to allow all parties to participate fully in the examination, and

(2) Allowing testimony in this form is necessary due to one or more of the following:

a. Economic hardship;

b. Illness;

c. Distance to travel to the hearing from outside of New Hampshire;

d. Incarceration;

e. The safety of any party to the proceedings is at risk based upon reasonable knowledge of threats or acts of violence; or contagious disease, or

f. It would be manifestly inequitable to deny the requesting party use of telephone call or video network conferencing to present the testimony.

(c) If the commissioner or the commissioner's representative determines that the assessment of the witness's credibility is necessary, telephonic testimony shall not be allowed.

Notes

N.H. Admin. Code § Lab 203.07

#8922-A, eff 7-1-07