12 CFR 1081.104 – Authority of the hearing officer
(a) General rule. The hearing officer will have all powers necessary to conduct a proceeding in a fair and impartial manner and to avoid unnecessary delay. No provision of this part may be construed to limit the powers of the hearing officers provided by the Administrative Procedure Act, 5 U.S.C. § 556, 557.
Terms Used In 12 CFR 1081.104
- 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.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Powers. The powers of the hearing officer include but are not limited to the power:
(1) To administer oaths and affirmations;
(2) To issue subpoenas, subpoenas duces tecum, and protective orders, as authorized by this part, and to quash or modify any such subpoenas or orders;
(3) To take depositions or cause depositions to be taken;
(4) To receive relevant evidence and to rule upon the admission of evidence and offers of proof;
(5) To regulate the course of a proceeding and the conduct of parties and their counsel;
(6) To reject written submissions that materially fail to comply with the requirements of this part, and to deny confidential status to documents and testimony without prejudice until a party complies with all relevant rules of this chapter;
(7) To hold conferences for settlement, simplification of the issues, or any other proper purpose and require the attendance at any such conference of at least one representative of each party who has authority to negotiate concerning the resolution of issues in controversy;
(8) To inform the parties as to the availability of one or more alternative means of dispute resolution, and to encourage the use of such methods;
(9) To certify questions to the Director for the Director’s determination in accordance with the rules of this part;
(10) To consider and rule upon, as justice may require, all procedural and other motions appropriate in adjudication proceedings;
(11) To issue and file preliminary findings and conclusions;
(12) To recuse oneself by motion made by a party or on the hearing officer’s own motion;
(13) To issue such sanctions against parties or their counsel as may be necessary to deter repetition of sanctionable conduct or comparable conduct by others similarly situated, as provided for in this part or as otherwise necessary to the appropriate conduct of hearings and related proceedings, provided that no sanction will be imposed before providing the sanctioned person an opportunity to show cause why no such sanction should issue; and
(14) To do all other things necessary and appropriate to discharge the duties of a presiding officer.