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29 CFR 1911.16

§ 1911.16 Powers of presiding officer.

United States · 29 CFR — Labor · Status: effective

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29 CFR 1911.16, § 1911.16 Powers of presiding officer, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/128662
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Full text

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.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.