Section 101.610  Duties and Authority of the Hearing Officer

The hearing officer has the duty to manage proceedings assigned, to set hearings, to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear, complete, and concise record for timely transmission to the Board.  The hearing officer has all powers necessary to these ends, including the authority to:

a)         Require parties to proceed to hearing and establish a schedule for, and notice and service of, any prefiled submission of testimony and written exhibits;

b)         Administer oaths and affirmations;

c)         Allow for the examination of or examine witnesses to ensure a clear and complete record;

d)         Regulate the course of the hearing, including controlling the order of proceedings;

e)         Establish reasonable limits on the duration of the testimony and questioning of any witness, and limit repetitive or cumulative testimony and questioning;

f)          Determine that a witness is adverse, hostile, or unwilling pursuant to Section 101.624 of this Part;

g)         Issue an order compelling the answers to interrogatories or responses to other discovery requests;

h)         Order the production of evidence pursuant to Section 101.614 of this Part;

i)          Order the filing of any required record or recommendation in a manner which provides for a timely review and development of issues prior to the hearing and consistent with any statutory decision deadline;

j)          Initiate, schedule, and conduct a pre-hearing conference;

k)         Order a briefing and comment schedule and exclude late-filed briefs and comments from the record;

l)          Rule upon objections and evidentiary questions;

m)        Order discovery pursuant to Sections 101.614 and 101.616 of this Part;

n)         Rule on any motion directed to the hearing officer or deferred to the hearing officer by the Board in accordance with Section 101.502 of this Part;

o)         Set status report schedules;

p)         Require all participants in a rulemaking proceeding to state their positions with respect to the proposal; and

q)         Rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence.