§168.260. Authority of Hearing Officer  


Latest version.
  • 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.