§ 12.70. Authority of presiding officer.

265 words·~1 min read·/us/cfr/t21/s§ 12.70

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The presiding officer has all powers necessary to conduct a fair, expeditious, and orderly hearing, including the power to—

(a)Specify and change the date, time, and place of oral hearings and conferences;

(b)Establish the procedures for use in developing evidentiary facts, including the procedures in § 12.92(b) and to rule on the need for oral testimony and cross-examination under § 12.87(b);

(c)Prepare statements of the areas of factual disagreement among the participants;

(d)Hold conferences to settle, simplify, or determine the issues in a hearing or to consider other matters that may expedite the hearing;

(e)Administer oaths and affirmations;

(f)Control the course of the hearing and the conduct of the participants;

(g)Examine witnesses and strike their testimony if they fail to respond fully to proper questions;

(h)Rule on, admit, exclude, or limit evidence;

(i)Set the time for filing pleadings;

(j)Rule on motions and other procedural matters;

(k)Rule on motions for summary decision under § 12.93;

(l)Conduct the hearing in stages if the number of parties is large or the issues are numerous and complex;

(m)Waive, suspend, or modify any rule in this subpart under § 10.19 if the presiding officer determines that no party will be prejudiced, the ends of justice will be served, and the action is in accordance with law;

(n)Strike the participation of any person under § 12.45(e) or exclude any person from the hearing under § 12.90, or take other reasonable disciplinary action; and

(o)Take any action for the fair, expeditious, and orderly conduct of the hearing.