Section Hcp 208.05 - Proposed Decisions by the Presiding Officer(a) The evidence shall be received by the board and the presiding officer shall be charged with preparing a written proposed decision with recommendations for the final disposition of the case and any pending motions. Such proposed decisions shall be served upon the parties and board members.(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 reply memoranda shall 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, the party shall file a separate motion for oral argument within the time allowed for filing exceptions or replies to exceptions.(d) If no exceptions are filed to a proposed decision, the board shall, within l0 days following the deadline for filing exceptions, issue an order announcing that the initial decision shall be reviewed by the board on its own motion if any board member participating in the decision has concerns regarding questions of fact or conclusions of law, or issue an order stating that the proposed decision shall automatically become the board's final decision on the 4lst 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 Hcp 207.12.N.H. Admin. Code § Hcp 208.05
#9337, eff 12-3-08 (formerly Hcp 207.04 )