1. (a) The board shall appoint a person to preside at the hearing who shall be:

   1. (1) A member of the board; or

   2. (2) A nonmember retained to serve as the hearing officer pursuant to RSA 329-B:22, III, if the board determines that:

      1. a. The issues are of unusual complexity;
      2. b. Hearings on procedural matters and the issues in contention will consume an amount of time that would substantially interfere with the ordinary business of the board; or
      3. c. More than 2 members are recused from hearing the matter.

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

   1. (1) Regulate and control the course of a hearing;
   2. (2) Facilitate an informal resolution of the subject matter of the hearing;
   3. (3) Administer oaths and affirmations;
   4. (4) Request the board, or its designee to issue subpoenas to compel the attendance of witnesses at hearings or the production of documents or objects, pursuant to RSA 329-B:22, V(a);
   5. (5) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;
   6. (6) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;
   7. (7) Question any person who testifies;
   8. (8) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, III (f);
   9. (9) Lead the process of preparing all written decisions to be issued upon pending motions or the final disposition of the case; 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.

Source. #12035-A, eff 11-4-16