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.