New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 200 - RULES OF PRACTICE AND PROCEDURE
Part He-C 201 - PURPOSE, DEFINITIONS AND PRELIMINARY MATTERS
Section He-C 201.05 - Appointment and Authority of Presiding Officer

Universal Citation: NH Admin Rules He-C 201.05

Current through Register No. 40, October 3, 2024

(a) All hearings and independent reviews shall be conducted by a presiding officer appointed by the commissioner to implement the appeals process under RSA 126-A:5, VIII.

(b) Presiding officers shall make final decisions on behalf of the commissioner in any administrative appeal under RSA 126-A:5, VIII, unless the commissioner orders otherwise in a particular matter.

(1) Facilitate an informal resolution of an appeal;

(2) Regulate and control the course of a hearing;

(3) Administer oaths and affirmations;

(4) Receive relevant exhibits and testimony, and exclude irrelevant, immaterial or unduly repetitious evidence;

(5) Dispose of procedural requests, including adjournments or continuances, at the request of a party or on the presiding officer's own motion;

(6) Question any person who testifies;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI;

(8) Take official notice as specified in RSA 541-A:33, V; and

(9) Take any other action consistent with applicable statutes and rules necessary to conduct a proceeding and complete the record in a fair and timely manner.

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

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