10 CFR 2.1320, Responsibility and Power of the Presiding Officer In an Oral Hearing
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Responsibility and power of the presiding officer in an oral hearing
a
(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
(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.
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