§ 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.