Section Mtec 205.02 - Presiding Officer, Appointment: Authority(a) The board shall appoint a person to preside at the hearing who shall be: (1) A member of the board; or(2) A nonmember retained to serve as the hearing officer, if the board determines that: a. The issues are of unusual complexity;b. Hearings on procedural matters and the issues in contention will consume an amount of time that would substantially interfere with the ordinary business of the board; orc. More than two members are recused from hearing the matter.(b) The presiding officer shall as necessary: (1) Regulate and control the course of a hearing;(2) Facilitate an informal resolution of the subject matter of the hearing;(3) Administer oaths and affirmations;(4) Request the board to issue subpoenas to compel the attendance of witnesses at hearings or the production of documents or objects, pursuant to RSA 328-I:11, III;(5) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;(6) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;(7) Recognize any individual who may seek to question any person who testifies;(8) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, III (f);(9) Lead the process of preparing all written decisions to be issued upon pending motions or the final disposition of the case; and(10) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.N.H. Admin. Code § Mtec 205.02
Derived From Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11091-A, Effective 5/5/2016.