§ 12.70 Authority of presiding officer.

The presiding officer has all powers necessary to conduct a fair, expeditious, and orderly hearing, including the power to— (a) Specify and change the date, time, and place of oral hearings and conferences; (b) Establish the procedures for use in developing evidentiary facts, including the procedures in § 12.92(b) and to rule on the need for oral testimony and cross-examination under § 12.87(b); (c) Prepare statements of the areas of factual disagreement among the participants; (d) Hold conferences to settle, simplify, or determine the issues in a hearing or to consider other matters that may expedite the hearing; (e) Administer oaths and affirmations; (f) Control the course of the hearing and the conduct of the participants; (g) Examine witnesses and strike their testimony if they fail to respond fully to proper questions; (h) Rule on, admit, exclude, or limit evidence; (i) Set the time for filing pleadings; (j) Rule on motions and other procedural matters; (k) Rule on motions for summary decision under § 12.93; (l) Conduct the hearing in stages if the number of parties is large or the issues are numerous and complex; (m) Waive, suspend, or modify any rule in this subpart under § 10.19 if the presiding officer determines that no party will be prejudiced, the ends of justice will be served, and the action is in accordance with law; (n) Strike the participation of any person under § 12.45(e) or exclude any person from the hearing under § 12.90, or take other reasonable disciplinary action; and (o) Take any action for the fair, expeditious, and orderly conduct of the hearing.