TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY PART 168 PROCEDURES FOR CONTESTED CASE HEARINGS SECTION 168.260 AUTHORITY OF HEARING OFFICER
Section 168.260 Authority of Hearing Officer
a) The Hearing Officer shall conduct a fair and impartial hearing, take all necessary action to avoid undue delay, maintain order, and ensure development of a clear and complete record.
b) The Hearing Officer shall have all powers necessary to these ends, including, but not limited to the authority to:
1) Direct parties and interested persons to enter their appearances on the record;
2) Conduct prehearing conferences;
3) Require oaths and affirmations;
4) Require production of documents;
5) Require attendance of employees of a party at a hearing upon motion and a showing by the moving party that employees possess knowledge of material facts;
6) Examine witnesses and interested parties and direct witnesses to testify;
7) Limit the number of times any witness or interested party may testify, limit repetitious or cumulative testimony;
8) The Hearing Officer on his own motion, or on the motion of a party, shall exclude witnesses from the hearing room until they are called to testify if the presence of the witnesses would be prejudicial to either party;
9) Rule or reserve ruling on the admissibility of evidence and amendments to pleadings;
10) Continue a hearing from day to day or adjourn it to a later date by announcement at the hearing or by written or oral notice to all parties and interested persons;
11) Impose sanctions in accordance with Section 168.400; and
12) The Hearing Officer on his own motion, or on the motion of a party may order an expedited hearing if a showing is made that irreparable harm would occur and that all discovery had been completed. |