Conduct of hearings.

CFR · 2024-01-01 · US · Title 12

(a) (1) To administer oaths and affirmations; (2) To issue subpoenas and subpoenas duces tecum, as authorized by law, and to revoke, quash, or modify any such subpoena; (3) To receive relevant evidence and to rule upon the admission of evidence and offers of proof; (4) To take or cause depositions to be taken; (5) To regulate the course of the hearing and the conduct of the parties and their counsel; (6) To hold conferences for the settlement or simplification of issues or for any proper purpose; and (7) To consider and rule upon, as justice may require, all procedural and other motions appropriate in a proceeding under this subpart, except that a presiding officer shall not have power to decide any motion to dismiss the proceeding or other motion which results in a final determination of the merits of the proceeding. This power rests only with the Board. Without limitation on the foregoing, the presiding officer shall, subject to the provisions of this subpart, have all the authority set forth in 5 U.S.C. 556(c). (b) (1) Simplification and clarification of the issues; (2) Stipulations, admissions of fact and of the contents and authenticity of documents; (3) Matters of which official notice will be taken; and (4) Such other matters as may aid in the orderly disposition of the proceeding. (c) (d) (e) (f) (g) (h) (i) (j) (2) No person who is or may reasonably be expected to be involved in the decisional process shall make or knowingly cause to be made an ex parte communication

official document · source cfr-2024 · id 12:§ 622.7