39 CFR 962.9 – Responsibilities and authority of presiding officer
(a) The Presiding Officer shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made.
Terms Used In 39 CFR 962.9
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The Presiding Officer’s authority includes, but is not limited to, the following:
(1) Establishing, upon adequate notice to all parties, the date and time of the hearing, as well as, in accordance with § 962.7, selecting the hearing site;
(2) Holding conferences, by telephone or in person, to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;
(3) Continuing or recessing the hearing in whole or in part for a reasonable period of time;
(4) Administering oaths and affirmations to witnesses;
(5) Issuing subpoenas, requiring the attendance and testimony of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the Presiding Officer considers relevant and material to the hearing;
(6) Ruling on all offers, motions, requests by the parties, and other procedural matters;
(7) Issuing any notices, orders, or memoranda to the parties concerning the proceedings;
(8) Regulating the scope and timing of discovery;
(9) Regulating the course of the hearing and the conduct of the parties and their representatives;
(10) Examining witnesses;
(11) Receiving, ruling on, excluding, or limiting evidence in order to assure that relevant, reliable and probative evidence is elicited on the issues in dispute, but irrelevant, immaterial or repetitious evidence is excluded;
(12) Deciding cases, upon motion of a party, in whole or in part by summary judgment where there is no disputed issue of material fact;
(13) Establishing the record in the case; and
(14) Issuing a written initial decision containing findings of fact, conclusions of law, and determinations with respect to whether a penalty or assessment should be imposed, and if so, the amount of such penalty or assessment.