Section He-Hea 202.02 - Duties and Authority of Presiding Officer(a) The presiding officer shall possess all authority with respect to the procedural aspects of proceedings which could be exercised by the board itself, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding, decide scheduling, and other procedural issues.(b) The presiding officer shall receive no testimony or oral argument on the merits of a case unless a majority of the board members is present.(c) The presiding officer shall make such inquiry as he/she believes necessary to develop a sound record of decision. Other board members participating in the proceeding shall also ask such questions and make such inquiries as each such board member deems necessary, subject to recognition by the presiding officer.(d) The presiding officer shall have the authority to attempt to assist the parties in reaching settlements, but shall not finally approve or accept final offers of settlement or impose consent decrees. 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 merely because the board is deliberating on a settlement proposal.(e) The presiding officer shall not decide motions or enter orders which finally resolve any specific issue or issues which the board has designated for hearing. Potentially dispositive motions shall be referred to the board if the presiding officer believes that they have sufficient merit to warrant prompt consideration. Otherwise, the presiding officer shall defer any ruling on dispositive motions until the close of the record and the issuance of the recommended decision.(f) If the presiding officer believes 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 § He-Hea 202.02
#4223, eff 2-5-87; ss by #4922, eff 8-23-90; ss by #5593, eff 3-10-93, EXPIRED: 3-10-99
New. #6976, INTERIM, eff 4-15-99, EXPIRED: 8-13-99
New. #7139, eff 11-23-99, EXPIRED: 11-23-07
New. #9075-A, eff 1-24-08