§ 957.4. Authority of the Hearing Officer.
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/us/cfr/t39/s§ 957.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Hearing Officer'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 concerning the hearing proceedings.
(c)Conducting conferences with the parties. The Hearing Officer will prepare a Memorandum of Conference, which will be transmitted to both parties and which serves as the official record of that conference.
(d)Determining whether an oral hearing will be conducted, and setting the place, date, and time for such a hearing.
(e)Administering oaths or affirmations to witnesses.
(f)Conducting the proceedings and the hearing in a manner to maintain discipline and decorum while ensuring that relevant, reliable and probative evidence is elicited, but irrelevant, immaterial or repetitious evidence is excluded. The Hearing Officer in his or her discretion may examine witnesses to ensure that a satisfactory record is developed.
(g)Establishing the record. The weight to be attached to evidence will rest within the discretion of the Hearing Officer. Except as the Hearing Officer may otherwise order, no proof shall be received in evidence after completion of a hearing. The Hearing Officer 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, in the Hearing Officer's sole discretion.
(i)Issuing findings of fact. The Hearing Officer will issue findings of fact to the Vice President within 30 days from the close of the record, to the extent practicable.