Section Bcr 208.04 - Proposed Decisions By Presiding Officer(a) When so ordered by the board, evidence shall be received solely by a presiding officer who shall be charged with preparing a written proposed decision with recommendations for the final disposition of the case and any pending motions. Such proposed decision shall be served upon the parties, intervenors, and the board.(b) Exceptions and supporting memoranda of law directed to the full board shall be filed within 30 days from the date the proposed decision was served. Replies to exceptions and supporting memoranda shall be filed within 15 days from the date on the document being replied to.(c) If a party or intervenor wishes to present oral argument to the board the party or intervenor shall file a separate motion for oral argument within the time allowed for filing exceptions or replies to exceptions.(d) If no exceptions to a proposed decision are filed, the board shall, within 10 days following the deadline for filing exceptions, issue an order announcing that the proposed decision shall be reviewed by the board on its own motion, or issue an order stating that the proposed decision shall automatically become the final decision of the board on the 41st day following the date it was served upon the parties.(e) When the board has directed a presiding officer to receive evidence and enter a proposed decision, there shall be no communications between the presiding officer and the board members concerning the merits of the case, and the board members shall not participate in the questioning of witnesses at the hearing, as would otherwise be permitted by Bcr 207.12.N.H. Admin. Code § Bcr 208.04
#8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12 ; ss by #10161, eff 7-13-12