- (a) All hearings shall be conducted for the department by a natural person appointed or authorized to serve as a presiding officer.
(b) 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) Issue subpoenas to compel the attendance of witnesses at hearings or the production of documents;
- (5) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;
- (6) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;
- (7) Question any person who testifies;
- (8) Cause a complete record of any hearing to be made, pursuant to RSA 282-A:57 and 282-A:96;
- (9) 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; and
- (10) Allow brief opening and closing arguments where they will assist in summarizing factual or legal issues or narrowing issues.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20-08, EXPIRES: 10-17-08; ss by #9296, eff 10-17-08