New Hampshire Code of Administrative Rules
Adm - Commissioner, Department of Administrative Services
Chapter Adm 200 - PROCEDURAL RULES
Part Adm 203 - CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES
Section Adm 203.01 - Presiding Officer

Universal Citation: NH Admin Rules Adm 203.01

Current through Register No. 12, March 21, 2024

(a) Hearings shall be conducted by a presiding officer designated by the commissioner.

(b) The presiding officer shall, as necessary:

(1) Regulate and control the course of the hearing and any related conferences;

(2) Pursuant to RSA 541-A: 31, V. (a) and RSA 541-A: 38, facilitate settlement of the dispute that is the subject of the hearing;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence and exclude irrelevant, immaterial, unduly repetitious or otherwise inadmissible evidence;

(5) Rule on procedural requests at the request of a party or intervenor or on the presiding officer's own motion;

(6) Question anyone who testifies or presents argument to the extent required to make a full and fair record;

(7) Arrange for recording the hearing as specified in RSA 541-A: 31, VII;

(8) Schedule and structure such conferences and hearings as are necessary to advance the proceeding or resolve matters or issues related to the proceeding;

(9) Issue such lawful orders as are necessary to advance the proceeding or resolve matters or issues related to the proceeding;

(10) Evaluate evidence and make such factual findings or legal rulings as may be necessary;

(11) In accordance with RSA 541-A: 33, V, and to the extent necessary, take official notice of facts that are common knowledge;

(12) Take any other action consistent with applicable statutes, rules and case law that is necessary to conduct the hearing, advance the proceeding, resolve matters or issues related to the proceeding and complete the record in a fair and timely manner.

#2235, eff 12-30-82; ss by #3032, eff 5-31-85, EXPIRED: 5-31-91

New. #7102, eff 9-23-99; ss by #8908, eff 9-22-07

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