New Hampshire Code of Administrative Rules
Hum - Commission for Human Rights
Chapter Hum 300 - PUBLIC ADJUDICATIVE HEARINGS AND OTHER PRACTICES AND PROCEDURES
Part Hum 304 - ROLES OF THE COMMISSION CHAIR AND THE PRESIDING OFFICER; COMPUTATION OF TIME PERIODS; ACCESS TO THE COMMISSION'S FILE
Section Hum 304.02 - Roles of the Director and the Presiding Officer
Universal Citation: NH Admin Rules Hum 304.02
Current through Register No. 40, October 3, 2024
(a) By decision of the commission pursuant to RSA 354-A:5, III the director shall:
(1) Schedule the pre-hearing conference(s)
and preside over them, with the exception of ruling on motions and
objections;
(2) Accept the filing
of motions and objections at the pre-hearing conference(s);
(3) Preside over the conciliation
conference(s); and
(4) Establish
deadlines for the filing of final witness lists, final lists of exhibits, and
copies of exhibits.
(b) The presiding officer shall:
(1) Rule upon all
motions and objections made before or during the public adjudicative
hearing;
(2) Admit and exclude
testimony or other evidence at the public adjudicative hearing; and
(3) Otherwise control the public adjudicative
proceedings.
(c) The presiding officer shall withdraw if he or she:
(1) Has a direct interest in the outcome of
the hearing, including but not limited to, a financial or family relationship
with any party, witness, attorney for a party or witness or
intervenor;
(2) Has made statements
or engaged in behavior which objectively demonstrates that he or she has
prejudged the facts of the case; or
(3) Personally believes that he or she cannot
fairly judge the facts of the case.
(See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07
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