23 CAR § 301-1303
23 CAR § 301-1303. Powers of the commissioner
Length: 267 wordsOfficial source
(a) The Securities Commissioner shall have all the powers necessary to conduct investigations and proceedings in a fair and impartial manner and to avoid unnecessary delay.
(b) The powers of the commissioner include, but are not limited to, the following:
(1) Administer oaths and affirmations;
(2) Subpoena witnesses, documents, or records;
(3) Permit discovery by deposition or otherwise;
(4) Preside over a hearing or designate a hearing officer to preside over a hearing;
(5) Maintain order by regulating the course of the hearing and the conduct of the parties and their attorney, including the power to:
(A) Receive relevant and material evidence;
(B) Exclude repetitious evidence;
(C) Rule upon the admissibility of evidence and offers of proof; and
(D) Exclude or suspend a party’s attorney from the proceedings for dilatory, obstructionist, egregious, contemptuous, or contumacious conduct;
(6) Schedule and hold prehearing conferences and conferences prior to and during the course of a hearing for purposes of settlement or simplification of issues;
(7) Consider and rule upon all procedural and other pleadings and motions appropriate in a proceeding, including petitions to add a party or intervenor;
(8) Recuse for bias or conflict of interest himself or herself on a motion made by a party and appointing a new hearing officer in his or her place;
(9) Take such action as the circumstances warrant against a person who engages in dilatory or obstructionist conduct during the course of a deposition, including exclusion of the offending person from participation in the deposition or contested case; and
(10) Perform all other functions necessary and appropriate to discharge the duties of commissioner.