1. (a) All hearings shall be conducted by a presiding officer.

2. (b) A presiding officer shall as necessary:

   1. (1) Schedule and hold hearings;
   2. (2) Regulate and control the course of a hearing;
   3. (3) Facilitate an informal resolution of a hearing;
   4. (4) Administer oaths and affirmations;
   5. (5) Issue subpoenas to compel the attendance of witnesses at hearings or the production of documents as provided in RSA 179:56, I;
   6. (6) Receive evidence at hearings, including oral testimony and documentary evidence, as provided in RSA 541-A:33;
   7. (7) Rule on procedural requests, including adjournments or continuances at the request of a party or at the presiding officer’s discretion;
   8. (8) Question any person who testifies;
   9. (9) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and
   10. (10) 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.
3. (c) Unless waived by the parties, at the presiding officer’s discretion, or upon the motion of any party, a presiding officer shall, for good cause withdraw from any hearing.

4. (d) Good cause shall include but not be limited to if a presiding officer:

   1. (1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial interest or family relationship, within the third degree of relationship, with any party;
   2. (2) Has made statements or engaged in behavior which objectively demonstrates that the presiding officer has prejudged the facts of a case; or
   3. (3) Believes that the presiding officer cannot fairly judge the facts of a case.
5. (e) Mere knowledge of the issues, the parties, or any witness shall not constitute good cause for withdrawal.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24