N.H. Admin. Code § Rko 212.03 - Presiding Officer

(a) Hearings shall be conducted by the ombudsman or the ombudsman's designee, acting as a presiding officer.

(b) At any hearing other than a public comment hearing, which is addressed in Part Rko 222, including in an adjudicative proceeding, the presiding officer shall, as necessary:

(1) Regulate and control the course of the hearing and any related conferences;

(2) Pursuant to RSA 541-A:31,V.(a) and RSA 541-A:38, facilitate settlement of the dispute that is the subject of the hearing, including by taking such actions as the presiding officer concludes are necessary and authorized by RSA 91-A:7-b,III or other law;

(3) Administer oaths and affirmations;

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

(5) Rule on procedural issues, at the request of a party or sua sponte;

(6) Question anyone who testifies or presents argument to the extent required to make a full and fair record;

(7) Arrange for recording the hearing as specified in RSA 541-A:31,VII;

(8) Schedule and structure such conferences and additional hearings as are necessary to advance the proceeding or resolve matters or issues related to the proceeding;

(9) Issue such lawful orders as are necessary to advance the proceeding or resolve matters or issues related to the proceeding;

(10) Evaluate evidence and make such factual findings or legal rulings as the presiding officer believes necessary;

(11) In accordance with RSA 541-A:33,V, and to the extent that the presiding officer concludes is necessary, take official notice of facts that are common knowledge; and

(12) Take any other action consistent with applicable statutes, including RSA 91-A:7-b, case law, and these rules, that the presiding officer concludes is necessary to conduct the hearing, advance the proceeding, resolve matters or issues related to the proceeding and establish the record in a fair and timely manner.

Notes

N.H. Admin. Code § Rko 212.03

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