Section Hcp 208.02 - Authority of Presiding Officer(a) 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, and decide scheduling, discovery, and other procedural issues.(b) Except as provided by Hcp 208.05, the presiding officer shall receive no testimony or oral argument on the merits of the case unless a majority of the board members hearing the case is present.(c) Except in proceedings conducted pursuant to Hcp 208.05, and consistent with the fair and orderly conduct of the proceeding, the presiding officer shall permit board members who are hearing the case and are present during an adjudicative proceeding to make inquiries of witnesses pursuant to Hcp 207.12.(d) The presiding officer shall attempt to assist the parties in resolving the issues of the hearing through reaching a proposed consent decree. When a proposed consent decree has been agreed to by the parties, the presiding officer shall refer it to the board for decision, but shall not stay the proceeding merely because the board is deliberating on the proposed settlement decree.(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. Potentially dispositive motions shall be referred to the board if the presiding officer believes that they have sufficient merit to warrant prompt consideration. Otherwise, the presiding officer shall defer any ruling on dispositive motions until the close of the record and the issuance of the recommended decision.(f) If the presiding officer believes 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 10 days to file objections thereto.N.H. Admin. Code § Hcp 208.02
#6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 207.02 )