Section Bcr 208.02 - Authority of Presiding Officer(a) The presiding officer shall possess all authority with respect to the procedural aspects of adjudicative proceedings, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding, and decide scheduling, discovery and other procedural issues.(b) Except as provided by Bcr 208.04, the presiding officer shall receive no testimony or argument on the merits of the case unless a quorum of the board, including the presiding officer, is present.(c) Except in proceedings conducted pursuant to Bcr 208.04, the presiding officer shall, consistent with the fair and orderly conduct of the proceeding, permit board members who are present during any stage of an adjudicative proceeding to make inquiries of the witnesses, as provided in Bcr 207.11.(d) Except as provided by Bcr 208.04, the presiding officer shall not accept final offers of settlement or impose consent decrees. When a settlement has been proposed in writing, the presiding officer shall refer it to the board for decision.(e) The presiding officer shall not decide motions or enter orders which finally resolve any specific issue or issues which the board has designated for hearing. Unless otherwise ordered by the board, potentially dispositive motions shall be referred to the board if the presiding officer believes that they have sufficient merit to warrant prompt consideration.(f) If the presiding officer believes that a default or similar final order should enter against a party, the presiding officer shall issue a written recommendation to the board, with service on the parties and intervenors, and the board shall take appropriate action after allowing the parties and intervenors 10 days to file objections thereto.N.H. Admin. Code § Bcr 208.02
#8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12 ; ss by #10161, eff 7-13-12