Section Acp 205.02 - Authority of Presiding Officer(a) The presiding officer shall possess all authority with respect to the procedural aspects of adjudicatory proceedings that would be possessed by the board itself, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceedings, and decide procedural and discovery issues.(b) The presiding officer shall receive no testimony or oral argument on the merits of the case unless 3 board members are present.(c) Except in proceedings conducted pursuant to Acp 212.03(b)(6), the presiding officer shall, to the extent consistent with the fair and orderly conduct of the proceeding, permit board members who are present during any stage of an adjudicatory proceeding to query the witnesses.(d) The presiding officer shall not accept final offers of settlement or impose consent decrees, but shall assist the parties in reaching settlements. When a settlement has been proposed in writing, the presiding officer shall refer it to the board for decision, but shall not stay the proceeding while the board is deliberating the settlement proposal.(e) The presiding officer shall not decide motions or enter orders which finally resolve the proceeding or stay the proceeding. Potentially dispositive motions shall be referred to the board or deferred until the close of the record.(f) If the presiding officer believes that a default or similar final order should enter against a party, the presiding officer shall issue a written recommendation to the board, with service on the parties, and the board shall take appropriate action after allowing the parties 10 days to file objections thereto.N.H. Admin. Code § Acp 205.02
#7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12
New. #10157, eff 6/27/2012.