§ 956.9. (Rule 9) Hearing Official authority and responsibilities.
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/us/cfr/t39/s§ 956.9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Hearing Official's authority includes, but is not limited to, the following:
(a)Ruling on all motions or requests by the parties.
(b)Issuing notices, orders, or memoranda to the parties about the hearing proceedings.
(c)Conducting telephone conferences with the parties to expedite the proceedings. The Hearing Official will issue a Memorandum of Telephone Conference, which will serve as the official record of that conference.
(d)Determining whether a case will be decided after an oral hearing or on the written record. If an oral hearing is held, the Hearing Official will set the place, date, and time of the hearing.
(e)Administering oaths or affirmations to witnesses.
(f)Conducting the hearing in a manner to maintain discipline and decorum while assuring that relevant, reliable, and probative evidence is elicited on the issues in dispute, but irrelevant, immaterial, or repetitious evidence is excluded. As necessary, examining witnesses to ensure that a satisfactory record is developed.
(g)Establishing the record in the case. The Hearing Official will determine the weight attached to any evidence. Except as the Hearing Official may otherwise order, no proof will be received in evidence after completion of an oral hearing or, in cases submitted on the written record, after notification by the Hearing Official that the record is closed. The Hearing Official may require either party, with appropriate notice to the other party, to submit additional evidence on any relevant matter.
(h)Granting reasonable time extensions or other relief for good cause shown.
(i)Issuing the final decision. After the record closes, the Hearing Official will issue a written decision as soon as practicable. The written decision will include:
(1)Findings of fact;
(2)Conclusions of law; and
(3)The amount and validity of the alleged debt.
(j)Posting the decision in the electronic filing system. If a party does not have access to the electronic filing system, the Recorder will mail that party a copy of the decision.