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Rules of Practice and Procedure

Section 2: Rules of General Application
Chapter 12: Presiding Official

The Examiner conducting a hearing shall have the duty to ensure a fair and impartial hearing, to take all necessary action to avoid undue delay in the disposition of proceedings, to gather facts necessary to making the decision or recommendation, and to maintain order. The Examiner shall have all powers necessary to these ends, including, but not necessarily limited to the following:

    1. Determine the order of presentation of evidence;
    2. Administer oaths and affirmations;
    3. Issue subpoenas;
    4. Rule on and receive evidence;
    5. Rule on procedural matters, objections and motions;
    6. Question witnesses and request additional exhibits;
    7. Permit or require oral or written argument or briefs and determine the timing and format for such submittals;
    8. Regulate the course of the hearings and the conduct of the parties and others so as to maintain order and provide for fair hearing;
    9. Hold conferences for settlement, simplification of issues, or for any other proper purpose;
    10. Make and issue the decision or recommendation.
    11. Appoint a mediator at the request of the parties.

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