N.H. Admin. Code § Int 208.02 - Authority of Presiding Officer

(a) The presiding officer shall possess all authority with respect to the procedural aspects of hearings including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding and decide procedural and discovery issues.

(b) The presiding officer shall receive no testimony or oral argument on the merits of the case unless at least a quorum of board members eligible to vote including the presiding officer are present, except as provided in Int 209.16(g). The presiding officer shall have the authority to conduct prehearing conferences, hear arguments on procedural or discovery motions without requiring the presence of other members of the board.

(c) The presiding officer shall, to the extent consistent with the fair and orderly conduct of the hearing, permit board members who are present during any stage of a hearing to make inquiries of the witnesses.

(d) The presiding officer shall not accept final offers of settlement or impose consent decrees, but shall assist the parties in reaching settlements. When a settlement has been proposed in writing, the presiding officer shall refer it to the board for decision, but shall not stay the proceeding while the board is deliberating on the settlement proposal.

(e) The presiding officer shall not decide motions or enter orders which finally resolve the hearing or stay the hearing. Potentially dispositive motions shall be referred to the board.

(f) If the presiding officer believes that a default or similar final order should be entered against a party, the presiding officer shall issue a written recommendation to the board, with service on the parties and any interveners, if applicable. The board shall make the final decision with respect to such a recommendation after allowing the parties 10 days to file objections thereto.

Notes

N.H. Admin. Code § Int 208.02

#7852-A, eff 3-12-03, ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11

New. #10040-A, eff 12-16-11 (from Int 210.04); ss by #10359, eff 6-14-13