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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 29 - Labor |
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Subtitle B - Regulations Relating to Labor |
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Chapter XVII - Occupational Safety and Health Administration, Department of Labor |
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Part 1911 - Rules of Procedure for Promulgating, Modifying, or Revoking Occupational Safety or Health Standards |
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Hearings |
§ 1911.16 - Powers of presiding officer.
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§ 1911.16 Powers of presiding officer.
The officer presiding at a hearing shall have all the powers necessary or appropriate to conduct a fair and full hearing, including the powers:
(a) To regulate the course of the proceedings;
(b) To dispose of procedural requests, objections, and comparable matters;
(c) To confine the presentations to the issues specified in the notice of hearing, or, where no issues are specified, to matters pertinent to the proposed rule;
(d) To regulate the conduct of those present at the hearing by appropriate means;
(e) In his discretion, to permit cross- examination of any witness;
(f) To take official notice of material facts not appearing in the evidence in the record, so long as parties are entitled, on timely request, to an opportunity to show the contrary; and
(g) In his discretion, to keep the record open for a reasonable, stated time to receive written recommendations, and supporting reasons, and additional data, views, and arguments from any person who has participated in the oral proceeding.