Power of the presiding officer.

CFR · 2024-01-01 · US · Title 10

A presiding officer has the duty to conduct a fair and impartial hearing according to law, to take appropriate action to control the prehearing and hearing process, to avoid delay and to maintain order. The presiding officer has all the powers necessary to those ends, including the powers to: (a) Administer oaths and affirmations; (b) Issue subpoenas authorized by law, including subpoenas requested by a participant for the attendance and testimony of witnesses or the production of evidence upon the requestor's (c) Consolidate parties and proceedings in accordance with §§ 2.316 and 2.317 and/or direct that common interests be represented by a single spokesperson; (d) Rule on offers of proof and receive evidence. In proceedings under this part, strict rules of evidence do not apply to written submissions. However, the presiding officer may, on motion or on the presiding officer's own initiative, strike any portion of a written presentation or a response to a written question that is irrelevant, immaterial, unreliable, duplicative or cumulative. (e) Restrict irrelevant, immaterial, unreliable, duplicative or cumulative evidence and/or arguments; (f) Order depositions to be taken as appropriate; (g) Regulate the course of the hearing and the conduct of participants; (h) Dispose of procedural requests or similar matters; (i) Examine witnesses; (j) Hold conferences before or during the hearing for settlement, simplification of contentions, or any other proper purpose; (k) Set reaso

official document · source cfr-2024 · id 10:§ 2.319