Section Sw 206.02 - Presiding Officer's Appointment; Authority(a) All hearings shall be conducted by an individual appointed or authorized to serve as a presiding officer.(b) In accordance with RSA 284:13, II, the commission shall, in accordance with the rules adopted in accordance with RSA 541-A, appoint a hearings officer or hearings officers, as necessary, to preside over such hearings as are required to comply with federal and state statutes and federal or state rules or regulations. The decision of the officer shall not be contrary to rules adopted by the lottery commission pursuant to RSA 541-A. The officer's decision shall be binding on all parties unless such decision is overturned on appeal.(c) A presiding officer shall as necessary:(1) Regulate and control the course of a hearing;(2) Facilitate an informal resolution of an appeal;(3) Administer oaths and affirmations;(4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;(5) Rule on procedural requests, including adjournments or postponements, at the request of a 5 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 and RSA 284:13; and(8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.N.H. Admin. Code § Sw 206.02
#6564, eff 8-21-97, EXPIRED: 8-21-05
New. #8419-A, eff 8-23-05
Amended by Volume XXXVII Number 6, Filed February 9, 2017, Proposed by #12093, Effective 1/27/2017.