N.H. Admin. Code § Lab 523.02 - Failure of a Party to Attend or Participate in the Hearing
(a)
A party shall be in default if the party:
(1)
Has the overall burden of proof;
(2) Has been given notice; and
(3) Fails to attend the hearing.
(b) If a party is in default under
(a) above, the case shall be dismissed.
(c) If a party who does not have the overall
burden of proof fails to attend a hearing after having been given notice, the
testimony and evidence of any other parties or intervenors shall be received
and evaluated.
(d) If a party who
has the overall burden of proof attends a hearing but fails to participate by
presenting evidence or argument, a decision shall be entered against that
party.
(e) The board shall not
dismiss the case under (b) above if the failure to attend results from
circumstances that are beyond the control of the party.
Notes
#9287, eff 10-1-08
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