§9062. Presiding officers

1.  Presiding officer.  An agency may authorize any agency member, employee or agent to act as presiding officer in any hearing.

[PL 1977, c. 551, §3 (NEW).]

2.  Substitute officer.  Whenever a presiding officer is disqualified or it becomes impracticable for him to continue the hearing, another presiding officer may be assigned to continue with the hearing; provided that, if it is shown substantial prejudice to any party will thereby result, the substitute officer shall commence the hearing anew.

[PL 1977, c. 551, §3 (NEW).]

3.  Presiding officer; duties.  Subject to rules or limitations imposed by the agency, presiding officers may:

A. Administer oaths and affirmations;   [PL 1977, c. 551, §3 (NEW).]

B. Rule on the admissibility of evidence;   [PL 1977, c. 551, §3 (NEW).]

C. Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing of evidence, briefs and other written submissions; and   [PL 1977, c. 551, §3 (NEW).]

D. Take other action authorized by statute or agency rule consistent with this subchapter.   [PL 1977, c. 551, §3 (NEW).]

[PL 1977, c. 551, §3 (NEW).]

4.  Report.  In the event that the presiding officer prepares any report or proposed findings for the agency, the report or findings shall be in writing. A copy of the report or findings shall be provided to each party and an opportunity shall be provided for response or exceptions to be filed by each party.

[PL 1977, c. 551, §3 (NEW).]

SECTION HISTORY

PL 1977, c. 551, §3 (NEW).