Section Frl 208.04 - Proposed Decisions By Presiding Officer(a) The board shall direct that all of the evidence be filed prior to hearing in written form. However, unless the parties agree otherwise, oral testimony shall be required to allow appropriate cross examination and to avoid material prejudice, and to permit full and fair disclosure of disputed material facts. Only those board members present throughout the hearing shall rule on the credibility of witnesses.(b) The parties may file exceptions and supporting memoranda of law for review by the board within 30 days from the date the proposed decision was served. Replies to exceptions and reply memoranda may be filed within 15 days from the date of the document being replied to.(c) If a party wishes to present oral argument to the board, it shall file a separate motion for oral argument within the time allowed for filing exceptions or replies to exceptions.(d) 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 Frl 207.12.N.H. Admin. Code § Frl 208.04
#9949-A, eff 6-24-11 (from Frl 207.04 )