Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 10 - Energy |
Chapter I - Nuclear Regulatory Commission |
Part 2 - Agency Rules of Practice and Procedure |
Subpart M - Procedures for Hearings on License Transfer Applications |
§ 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.