§ 2.1320 - Responsibility and power of the Presiding Officer in an oral hearing.  


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  • § 2.1320 Responsibility and power of the Presiding Officer in an oral hearing.

    (a) The Presiding Officer in any oral hearing shall conduct a fair hearing, develop a record that will contribute to informed decisionmaking, and, within the framework of the Commission's orders, have the power necessary to achieve these ends, including the power to:

    (1) Take action to avoid unnecessary delay and maintain order;

    (2) Dispose of procedural requests;

    (3) Question participants and witnesses, and entertain suggestions as to questions which may be asked of participants and witnesses.

    (4) Order consolidation of participants;

    (5) Establish the order of presentation;

    (6) Hold conferences before or during the hearing;

    (7) Establish time limits;

    (8) Limit the number of witnesses; and

    (9) Strike or reject duplicative, unreliable, immaterial, or irrelevant presentations.

    (b) Where the Commission itself does not preside:

    (1) The Presiding Officer may certify questions or refer rulings to the Commission for decision;

    (2) Any hearing order may be modified by the Commission; and

    (3) The Presiding Officer will certify the completed hearing record to the Commission, which may then issue its decision on the hearing or provide that additional testimony be presented.