§ 1422.12. Duties and powers of the Hearing Officer.
318 words·~1 min read·
/us/cfr/t22/s§ 1422.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be the duty of Hearing Officers to inquire fully into the facts as they relate to the matters before them. With respect to cases assigned to them between the time they are designated and the transfer of the case to the Board, Hearing Officers shall have the authority to:
(a)Grant requests for subpenas pursuant to § 1429.7 of this subchapter;
(b)Rule upon offers of proof and receive relevant evidence and stipulations of fact;
(c)Take or cause depositions or interrogatories to be taken whenever the ends of justice would be served thereby;
(d)Limit lines of questioning or testimony which are immaterial, irrelevant or unduly repetitious;
(e)Regulate the course of the hearing and, if appropriate, exclude from the hearing persons who engage in misconduct;
(f)Strike all related testimony of witnesses refusing to answer any questions ruled to be proper;
(g)Hold conferences for the settlement or simplification of the issues by consent of the parties or upon the Hearing Officer's own motion;
(h)Dispose of procedural requests, motions, or similar matters, which shall be made part of the record of the proceedings, including motions referred to the Hearing Officer by the Regional Director and motions to amend petitions;
(i)Call and examine and cross-examine witnesses and introduce into the record documentary or other evidence;
(j)Request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof;
(k)Continue the hearing from day-to-day, or adjourn it to a later date or to a different place, by announcement thereof at the hearing or by other appropriate notice;
(l)Rule on motions to correct the transcript which are received within ten
(10)days after the transcript is received in the regional office; and
(m)Take any other action necessary under this section and not prohibited by the regulations in this subchapter.