N.H. Admin. Code § Rko 217.02 - Use of Interviews

(a) The office shall conduct an interview with, or communicate with, a party, intervenor, witness, or potential witness outside of the presence of all persons who have filed an appearance when:

(1) All persons who have filed an appearance assent to such a process;

(2) To do so is necessary to confirm facts contained in a request for a waiver of the fee under Rko 203.04;

(3) Pursuant to RSA 91-A:7-c, III such communication is to verify compliance with a ruling issued by the office;

(4) In cases in which expedited action has been requested, the ombudsman concludes that such action is necessary to communicate the office's general understanding of the law, in an effort to prohibit a potential future violation of RSA 91-A; or

(5) All persons who have filed an appearance have been:

a. Advised of the anticipated use of this procedure, in advance;

b. Informed that the ombudsman concludes that an interview with a person is necessary in order to advance the case in a fair and efficient manner, for example to:

1. Discuss confidential materials with a witness or potential witness;

2. Communicate with a potential witness who is unable to attend a hearing;

3. Communicate with a person whom the ombudsman believes is necessary to call as a witness, but whom the parties have determined not to call; and

c. Given an opportunity to state any objections on, or in, the record.

(b) The office shall document the fact of a communication under (a) above in writing made available to all persons who have filed an appearance.

Notes

N.H. Admin. Code § Rko 217.02

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.