§ 12.70 - Authority of presiding officer.

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

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

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);

Prepare statements of the areas of factual disagreement among the participants;

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

Administer oaths and affirmations;

Control the course of the hearing and the conduct of the participants;

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

Rule on, admit, exclude, or limit evidence;

Set the time for filing pleadings;

Rule on motions and other procedural matters;

Rule on motions for summary decision under § 12.93;

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

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;

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

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