Current through Register Vol. 42, No. 14, April 7, 2022
(a) The discovery
procedures, authorized for civil actions in the superior court, shall apply to
hearings held by the board as specified by
RSA 357-C:12, III. In all other cases, discovery
shall be permitted as agreed to by the parties or as ordered by the
commissioner following the prehearing conference.
(b) If a protest is not settled at the
prehearing conference, a schedule for discovery shall be prepared by the
parties as ordered during the prehearing conference.
(c) Any motion to compel discovery shall be
decided without hearing unless the commissioner, following prehearing
conference, determines there are genuine issues of fact which require review by
If the commissioner
orders discovery and either party refuses to comply, upon motion of the
opposing party or by its own motion, the board shall:
Assess civil penalties as provided in
, VI and
(2) Find the non-compliant party in
shall use the following criteria when determining what provision of (d) will be
applied to the non-compliant party:
willfulness of the violation;
The extent to which preparation for hearing was hindered by
(3) Whether there
were repeated violations; and
Any other issue which justice may require.
If the protestor is the defaulting party,
the protest shall be dismissed. If the respondent is the defaulting party
relief shall be granted as requested by the protestor pursuant to
(g) At the request of either party or on his
or her own motion the commissioner shall issue an order prohibiting the parties
from disclosing discovery materials to any person other than the other party,
the commissioner or the board.