N.H. Admin. Code § Ins 203.01 - Hearing Officer; Appointment; Authority

(a) All hearings shall be conducted by a hearing officer.

(b) The commissioner or deputy commissioner shall act as hearing officer in any summary suspension hearing pursuant to Ins 206.04. For all other hearings, the commissioner or deputy commissioner shall act as hearing officer or the commissioner shall appoint a natural person to act as hearing officer.

(c) If neither the commissioner nor deputy commissioner acts as hearing officer, the commissioner shall appoint a hearing officer who shall receive evidence and who shall be charged with preparing a proposed written decision and proposed order with recommendations for the final disposition of the case or for any dispositive motion, as set forth in Ins 207.04.

(d) A hearing officer shall, as necessary:

(1) Regulate and control the course of a hearing;

(2) Facilitate an informal resolution of an appeal;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence and exclude irrelevant, immaterial, or unduly repetitious evidence;

(5) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the hearing officer's own motion;

(6) Question any person who testifies;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI;

(8) Communicate with all parties to an adjudicative proceeding regarding scheduling or procedural matters in writing, in person, by fax, electronic mail, or by telephone, in compliance with Ins 204.07; and

(9) Take any other action consistent with applicable statutes and rules necessary to conduct the hearing and complete the record in a fair and timely manner.

Notes

N.H. Admin. Code § Ins 203.01

#5653, eff 7-1-93; ss by #7024, INTERIM, eff 7-1-99, EXPIRES: 10-29-99; ss by #7121, eff 10-29-99, EXPIRED: 10-29-07

New. #9052-A, eff 1-2-08; ss by #9650-A, eff 2-5-10

Amended by Volume XL Number 33, Filed August 13, 2020, Proposed by #13073-A, Effective 7/27/2020.