- (a) The commissioner shall appoint from among the employees of the department a person to act as presiding officer at adjudicative proceedings.
(b) The presiding officer shall:
- (1) Regulate and control the course of a hearing;
- (2) Seek to facilitate an informal resolution of an appeal;
- (3) Administer oaths and affirmations;
- (4) Personally receive all evidence offered at all hearings conducted in a contested case;
- (5) Rule on requests to exclude irrelevant, immaterial or unduly repetitious evidence;
- (6) Rule on procedural requests, including adjournments or postponements;
- (7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and
- (8) Take any other action consistent with applicable law to conduct the hearing and complete the record in a fair and timely manner; and
- (9) Draft a written decision as a recommendation to the commissioner for disposition of the matter.
Source. #4174, eff 12-1-86; EXPIRED 12-1-90 New. #5563, eff 1-28-93, EXPIRED: 1-28-99 New. #7927-A, eff 7-26-03