Procedural Rules

The commission shall refer for prosecution, pursuant to RSA 641:1 and RSA 641:2, any person who: (a) Testifies falsely to any material matter wherein the person has given their oath or affirmation, and has good reason to believe the testimony to be untrue; or (b) Willfully falsif…

(a) Upon their own initiative or upon the motion of any party, or participant, a presiding officer or commissioner shall, for good cause, withdraw from any proceeding or other matter. (b) Good cause shall exist if a presiding officer or commissioner: (1) Has a direct interest in …

(a) In cases of disorder or refusal to comply with the rules of the hearing, the presiding officer may use reasonable means to control the hearing. (b) During commission proceedings, no person shall engage in bitter exchanges, vulgarities, or abuse or make offensive or insulting …

(a) Consistent with any conditions imposed pursuant to RSA 541-A:32, III the petitioner, the staff of the commission, the office of consumer advocate and any persons granted intervenor status may conduct cross-examination of a witness in order to develop a full and true disclosur…

Unless otherwise specified by law, the party seeking relief through a petition, application, motion or complaint shall bear the burden of proving the truth of any factual proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Puc 203.25 #8657-A, eff 6-10-06…

In hearings on petitions, the petitioner shall have the opportunity to open and close any part of the presentation. Notes N.H. Admin. Code § Puc 203.26 #8657-A, eff 6-10-06

(a) The commission shall take administrative notice when a party presents one or more of the following: (1) Any fact which could be judicially noticed in the courts of New Hampshire; (2) The relevant portion of the record of other proceedings before the commission; (3) Generally …

The commission shall take a view or conduct an inspection of any property which is the subject of a hearing before the commission if requested by a party, or on its own motion, if the commission shall have determined that the view or inspection will assist the commission in reach…

The commission shall recess, adjourn or continue any hearing if to do so will promote the orderly and efficient conduct of the proceeding. Notes N.H. Admin. Code § Puc 203.29 #8657-A, eff 6-10-06

(a) The commission shall, on its own motion or at the request of a party, authorize filing of exhibits after the close of a hearing if the commission finds that late submission of additional evidence will enhance its ability to resolve the matter in dispute. (b) Any party request…

(a) When the commission desires a transcript of the evidence of any hearing, to assist in its deliberation thereon, it shall order a transcript pursuant to a contract between the commission and stenographic reporter. (b) The reporter's charge for attendance and expenses shall be …

(a) Upon the request of a party or on its own motion, the commission shall allow parties to submit briefs at any point in an adjudicative proceeding if the commission determines that such briefing would assist the commission in its determination of the issues presented. (b) The c…

Parties requesting rehearing shall do so according to the provisions of RSA 541. Notes N.H. Admin. Code § Puc 203.33 #8657-A, eff 6-10-06

The commission shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different …

Part 204 applies to: (a) Proceedings conducted pursuant to RSA 365 other than rulemakings; (b) Proceedings conducted pursuant to RSA 369; (c) Proceedings to acquire property or rights pursuant to RSA 371; (d) Proceedings conducted pursuant to RSA 374:3-a, RSA 374:7, RSA 374:22 -:…

The parties to a proceeding conducted pursuant to Part Puc 204 shall consist of: (a) The petitioners; (b) The department; (c) The OCA, upon notifying the commission in writing of its intention to participate as a party; and (d) Any other entity granted intervenor status pursuant …

(a) Parties to proceedings conducted pursuant to Puc 204 shall have the right to conduct discovery. (b) Unless inconsistent with an applicable procedural order, any person covered by this rule shall have the right to serve upon any party data requests, which may consist of writte…

(a) The commission shall give notice of a prehearing conference or hearing, which shall contain the information required by RSA 541-A:31, III and the following: (1) A statement of the date, time, place, and nature of the hearing or prehearing conference; (2) A statement of the le…

If a party to a commission proceeding fails to appear at a hearing or respond when required to a commission order, the commission shall conduct the scheduled hearing or decide the contested issue without that party's input. Notes N.H. Admin. Code § Puc 204.05 #2011, eff 5-4-82; s…

(a) Except as provided in (b) or (c) below, the chairman of the commission shall serve as presiding officer. (b) When the chairman is absent but one or more commissioners are present at a hearing or prehearing conference, the most senior commissioner present shall designate the p…

(a) In order to facilitate proceedings and encourage informal disposition, the presiding officer shall, upon motion of any party, or upon the presiding officer's own motion, schedule one or more prehearing conferences. (b) The commission shall provide notice to all parties prior …

The intervention process shall be as follows: (a) Requests to intervene shall be in the form of a petition, in which the petitioner states the reasons why intervention in a specific docket should be granted; (b) The commission shall rule on petitions to intervene in accordance wi…

(a) When more than one petition seeks the same or similar relief, the commission shall consolidate the proceedings to be heard on a common record if it determines that doing so will promote the orderly and efficient conduct of the proceeding. (b) The commission shall note any suc…

(a) Parties to the docket that participate in settlement discussions shall treat such discussions as confidential and shall not disclose the contents of such discussions. (b) The commission shall approve a disposition of any contested case by settlement agreement, if it determine…

The commission shall limit the number of witnesses or the time for testimony or oral argument upon a particular issue, as needed, to avoid unnecessary or cumulative presentation. Notes N.H. Admin. Code § Puc 204.11 Derived from Number 7, Filed February 13, 2025, Proposed by #1418…

(a) Exhibits shall be filed 10 business days prior to hearing. (b) Exhibits shall:(1) Be sequentially numbered by page throughout the multiple parts of an exhibit, if applicable, and lines shall be sequentially numbered on each page; (2) Be Bates stamped in the lower right-hand c…

(a) The parties shall confer for the purposes of identifying and numbering exhibits and the petitioner shall submit a complete list of exhibits with the proposed numbering and document title. (b) At least 10 business days before a hearing, the parties shall file with the commissi…

(a) The parties entitled to offer evidence at hearing in an adjudicative proceeding shall be the petitioner, the department, the OCA when it has entered an appearance, and intervenor subject to any limitations imposed by RSA 531-A:32, III. (b) All testimony, including any pre-fil…

Consistent with any conditions imposed pursuant to RSA 541-A:32, III, the petitioner, the department, the OCA, and any party granted intervenor status may conduct cross-examination of a witness. The party's scope of cross-examination shall be limited to topics relevant to issues …

Unless otherwise specified by law, the party seeking relief through a petition shall bear the burden of proving the truth of any factual proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Puc 204.16 Derived from Number 7, Filed February 13, 2025, Proposed by…

In hearings on petitions, or motions, the party that has the burden of proof pursuant to Puc 204.16 shall have the opportunity to present first and last in any hearing in the proceeding. Notes N.H. Admin. Code § Puc 204.17 Derived from Number 7, Filed February 13, 2025, Proposed …

(a) The commission, if requested by a party, or on its own initiative, shall take official notice of one or more of the following:(1) Any fact which could be judicially noticed in the courts of New Hampshire; (2) The relevant portion of the record of other proceedings before the …

(a) The commission shall require parties to submit briefs at any point in a proceeding if the commission determines that such briefing would assist the commission in its determination of the legal issues presented. (b) The commission shall set any briefing deadline or deadlines s…

The commission shall recess, adjourn, or continue any hearing if to do so will promote the orderly and efficient conduct of the proceeding. Notes N.H. Admin. Code § Puc 204.20 Derived from Number 7, Filed February 13, 2025, Proposed by #14184, Effective 1/24/2025 (formerly Puc 20…

The commission shall decide the matter before it based upon the whole administrative record as defined in RSA 541-A:31, VI. Notes N.H. Admin. Code § Puc 204.21 Derived from Number 7, Filed February 13, 2025, Proposed by #14184, Effective 1/24/2025.

(a) The commission shall, on its own motion or at the request of a party, authorize filing of exhibits after the close of the record, and before a decision is made, if the commission finds that late submission of additional evidence will enhance its ability to resolve the matter …

(a) Any person eligible to request rehearing shall do so according to the provisions of RSA 541 and RSA 365. Any party filing a motion for rehearing may request oral argument; (b) The commission shall grant the request for oral argument if the commission finds that oral argument …

If no rehearing has been requested, a decision by the commission shall become final 31 days after issuance. If a decision has been made on a request for rehearing, the decision shall be final 31 days after issuance unless a timely appeal of the decision has been filed with a cour…

The commission shall keep a permanent electronic record of its decisions on file in its records unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40. Notes N.H.…

Commission questions of law to the supreme court shall be transferred pursuant to RSA 365:20. Notes N.H. Admin. Code § Puc 204.26 Derived from Number 7, Filed February 13, 2025, Proposed by #14184, Effective 1/24/2025.

(a) Any person wishing to file a petition with the commission concerning a complaint against a public utility shall do so by first exhausting all remedies pursuant to RSA 365:1-4 concerning the complaint process at the department. (b) If following completion by the department of …

. If it appears to the commission that any public utility or other matter within its jurisdiction requires investigation, the commission shall conduct an independent investigation pursuant to RSA 365:5. Notes N.H. Admin. Code § Puc 204.28 Derived from Number 7, Filed February 13,…

(a) A person seeking a declaratory ruling on any matter within the jurisdiction of the commission shall request such ruling by submitting a petition pursuant to Puc 203. (b) Such a petition shall be verified under oath or affirmation by an authorized representative of the petitio…

(a) A rule of the commission or any amendment or repeal thereof shall be adopted by the chairman after notice and opportunity for hearing in accordance with this part. (b) Rules may be proposed by any person, governmental agency, or by the commission. Notes N.H. Admin. Code § Puc…

(a) The commission shall commence a rulemaking proceeding by drafting a proposed rule or by accepting as a proposed rule the draft of a rule proposed by any person or governmental agency. (b) With respect to any proposed rule, the commission shall conduct rulemaking adoption proc…

Requests from interested persons requesting adoption, amendment, or repeal of a rule shall be received and disposed of in the following manner: (a) Requests shall be submitted to the commission by letter addressed to the chairman; (b) Requests shall contain the following: (1) The…

Pursuant to the provisions of RSA 541-A:6, III, the commission shall maintain a current listing of all persons having made a request for advance notice of the rulemaking proceedings. Notes N.H. Admin. Code § Puc 205.04 #8657-A, eff 6-10-06 Amended by Number 7, Filed February 13, …