§ 385.504 Duties and powers of presiding officers (Rule 504). ( a ) *Duties.* ( 1 ) It shall be the duty of the presiding officer to conduct a fair and impartial hearing and to determine the matter justly under the law.
( 2 ) The presiding officer will cause all appearances during a hearing to be entered on the record with a notation in whose behalf each appearance is made.
( 3 ) The presiding officer will establish the order of presentation of the cases of all participants in the hearing.
( 4 ) The presiding officer will assure that the taking of evidence and subsequent matters proceed with all reasonable diligence and with the least delay practicable.
( 5 ) The presiding officer will prepare and certify an initial decision or a revised initial decision, whichever is appropriate, to the Commission as provided in Subpart G of this part.
( b ) *Powers.* Except as otherwise ordered by the Commission or provided by law, the presiding officer may: ( 1 ) Schedule and otherwise regulate the course of the hearing;
( 2 ) Recess, reconvene, postpone, or adjourn the hearing;
( 3 ) Administer oaths;
( 4 ) Rule on and receive evidence;
( 5 ) Cause Discovery to be conducted;
( 6 ) Exercise powers granted a presiding officer under Subpart D;
( 7 ) Hold conferences of the participants, as provided in Subpart F of this part, including for the purpose of considering the use of alternative dispute resolution procedures;
( 8 ) Rule on, and dispose of, procedural matters, including oral or written motions;
( 9 ) Summarily dispose of a proceeding or part of a proceeding, as provided in Rule 217;
( 10 ) Certify a question to the Commission, as provided in Rule 714;
( 11 ) Permit or deny appeal of an interlocutory ruling, as provided in Rule 715;
( 12 ) Rule on motions to intervene, as provided in Rule 214;
( 13 ) Separate any issue or group of issues from other issues in a proceeding and treat such issue or group of issues as a separate phase of the proceeding;
( 14 ) Maintain order, as follows: ( i ) Ensure that any disregard by any person of rulings on matters of order and procedure is noted on the record or, if appropriate, is made the subject of a special written report to the Commission;
( ii ) In the event any person engages in disrespectful, disorderly, or contumacious language or conduct in connection with the hearing, recess the hearing for such time as necessary to regain order;
( iii ) Request that the Commission take appropriate action, including removal from the proceeding, against a participant or counsel, if necessary to maintain order.
( 15 ) Modify any time period, if such modification is in the interest of justice and will result in no undue prejudice to any participant;
( 16 ) Limit the number of expert witnesses who may testify on any issue, consistent with the rule against repetitious testimony in Rule 509(a);
( 17 ) Limit the number of persons, other than staff, representing a similar interest who may examine witnesses or make or argue motions or objections;
( 18 ) Require; or authorize the admission of, further evidence upon any issue at any time before the close of the evidentiary record;
( 19 ) Rule on motions for reconsideration of an initial decision as provided in Rule 717;
( 20 ) Take any other action necessary or appropriate to the discharge of the duties of a presiding officer, consistent with applicable law and policy.
( c ) *Disqualification.* ( 1 ) A presiding officer may withdraw from a proceeding, if that officer believes himself or herself disqualified.
( 2 ) The Commission may, for good cause, order the removal of any presiding officer from a proceeding, on motion filed with the Commission or otherwise.
[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983, as amended by Order 375, 49 FR 21315, May 21, 1984; Order 466, 52 FR 6970, Mar. 6, 1987; Order 578, 60 FR 19505, Apr. 19, 1995]