§ 2.718 - Power of presiding officer.  


Latest version.
  • A presiding officer has the duty to conduct a fair and impartial hearing according to law, to take appropriate action to avoid delay, and to maintain order. He has all powers necessary to those ends, including the powers to:

    (a) Administer oaths and affirmations.

    (b) Issue subpoenas authorized by law.

    (c) Rule on offers of proof, and receive evidence.

    (d) Order depositions to be taken.

    (e) Regulate the course of the hearing and the conduct of the participants.

    (f) Dispose of procedural requests or similar matters.

    (g) Examine witnesses.

    (h) Hold conferences before or during the hearing for settlement, simplification of the issues, or any other proper purpose.

    (i) Certify questions to the Commission for its determination, either in his discretion or on direction of the Commission.

    (j) Reopen a proceeding for the reception of further evidence at any time prior to initial decision.

    (k) Appoint special assistants from the Atomic Safety and Licensing Board Panel pursuant to § 2.722;

    (l) Issue initial decisions; and

    (m) Take any other action consistent with the Act, this chapter, and sections 551-558 of title 5 of the United States Code.