Section Frl 208.02 - Authority of Presiding Officer(a) Except as otherwise provided by board order, the presiding officer shall possess all authority with respect to the procedural aspects of adjudicative proceedings which could be exercised by the board itself, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding, decide scheduling, and conduct discovery, and stay proceedings.(b) Except as provided by Frl 208.04, the presiding officer shall receive no testimony or oral argument on the merits of the case unless a majority of the board members eligible to participate in the proceeding, including the presiding officer, are present. Board members shall not need to be present during prehearing conferences or arguments on procedural or discovery motions.(c) Except in proceedings conducted pursuant to Frl 208.04, the presiding officer shall permit board members who are present during any stage of an adjudicative proceeding to make reasonable inquiries of the witnesses and counsel consistent with the fair and orderly conduct of the proceedings.(d) The presiding officer shall not accept final offers of settlement or impose consent decrees, but may 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 merely because the board is deliberating on a settlement proposal.(e) The presiding officer shall not decide motions or enter orders which finally resolve the proceeding or stay the proceeding for more than 60 days. Potentially dispositive motions may be referred to the board immediately or deferred until the close of the record, in the sole discretion of the presiding officer.(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 the board shall take appropriate action after allowing the parties l0 days to file objections thereto.N.H. Admin. Code § Frl 208.02
#6928, eff 1-1-99, EXPIRED: 1-1-07
New. #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11
New. #9949-A, eff 6-24-11 (from Frl 207.02 )