§ 1081.104. Authority of the hearing officer.
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/us/cfr/t12/s§ 1081.104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General rule. The hearing officer shall have all powers necessary to conduct a proceeding in a fair and impartial manner and to avoid unnecessary delay. No provision of this part shall be construed to limit the powers of the hearing officers provided by the Administrative Procedure Act, 5 U.S.C. 556, 557.
(b)Powers. The powers of the hearing officer include but are not limited to the power:
(1)To administer oaths and affirmations;
(2)To issue subpoenas, subpoenas duces tecum, and protective orders, as authorized by this part, and to quash or modify any such subpoenas or orders;
(3)To take depositions or cause depositions to be taken;
(4)To receive relevant evidence and to rule upon the admission of evidence and offers of proof;
(5)To regulate the course of a proceeding and the conduct of parties and their counsel;
(6)To reject written submissions that materially fail to comply with the requirements of this part, and to deny confidential status to documents and testimony without prejudice until a party complies with all relevant rules of this chapter;
(7)To hold conferences for settlement, simplification of the issues, or any other proper purpose and require the attendance at any such conference of at least one representative of each party who has authority to negotiate concerning the resolution of issues in controversy;
(8)To inform the parties as to the availability of one or more alternative means of dispute resolution, and to encourage the use of such methods;
(9)To certify questions to the Director for his or her determination in accordance with the rules of this part;
(10)To consider and rule upon, as justice may require, all procedural and other motions appropriate in adjudication proceedings;
(11)To issue and file recommended decisions;
(12)To recuse himself or herself by motion made by a party or on his or her own motion;
(13)To issue such sanctions against parties or their counsel as may be necessary to deter repetition of sanctionable conduct or comparable conduct by others similarly situated, as provided for in this part or as otherwise necessary to the appropriate conduct of hearings and related proceedings, provided that no sanction shall be imposed before providing the sanctioned person an opportunity to show cause why no such sanction should issue; and
(14)To do all other things necessary and appropriate to discharge the duties of a presiding officer.
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§ 1081.104
Authority of the hearing officer.
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