New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 200 - PROCEDURAL AND HEARINGS RULES
Part Saf-C 203 - PROCEDURAL RULES
Section Saf-C 203.11 - General Authority of Hearings Examiners

Universal Citation: NH Admin Rules Saf-C 203.11

Current through Register No. 40, October 3, 2024

(a) Subject to the statutes and rules governing the department, each hearings examiner shall have the authority to:

(1) Schedule and hold hearings;

(2) Administer oaths and affirmations;

(3) Issue subpoenas on behalf of the state;

(4) Determine the order of proof in any proceeding;

(5) Receive relevant evidence and rule on offers of proof in hearings;

(6) Take official notice of any facts which are of common knowledge and general notoriety;

(7) Take, or cause to be taken, depositions;

(8) Regulate and control the course of an administrative hearing;

(9) Hold on the record conferences for the settlement or simplification of issues, or for obtaining stipulations as to issues of fact or proof by consent of the parties;

(10) Dispose of procedural requests, including adjournments or continuances, at the request of the parties or on the hearing examiner's own motion;

(11) Interview and examine witnesses as the case may require;

(12) Direct parties to appear at hearings;

(13) Consider and evaluate the facts and evidence on the record and make findings of fact, conclusions of law, and dispositions;

(14) Determine credibility or weight of evidence in making findings of fact and conclusions of law;

(15) Render oral and written decisions, reports or recommendations as authorized by statute or rule;

(16) Make a complete record of any proceeding including all relevant matters;

(17) Take any action in a proceeding necessary to conduct and complete the case not inconsistent with applicable statutes, rules, and precedents;

(18) Place an individual or other legal entity on probation;

(19) Place all or part of a penalty in abeyance providing that this action is not inconsistent with any other rule or law; and

(20) Require that a respondent have a picture taken for identification purposes.

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #5428, eff 6-25-92; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.13); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.10)

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