23 CAR § 302-913. Commencement of contested case — Powers of the commissioner

(a) The Securities Commissioner shall have all the powers necessary to: (1) Conduct the proceeding in a fair and impartial manner; and (2) Avoid unnecessary delay. (b) The powers of the commissioner include, but are not limited to, the following: (1) Administering oaths and affirmations; (2) Regulating the course of the hearing and the conduct of the parties and their counsel, including the power to: (A) Receive relevant, material, and non-repetitious evidence; (B) Rule upon the admissibility of evidence and offers of proof; and (C) Exclude or suspend a party’s counsel from the proceedings for dilatory, obstructionist, egregious, contemptuous, or contumacious conduct; (3) Scheduling and holding prehearing conferences and conferences prior to and during the course of a hearing; (4) Considering and ruling upon all procedural and other motions appropriate in a proceeding, including petitions to add a party or intervenor; (5) Recusing for bias or conflict of interest himself or herself on a motion made by a party or the staff and appointing a new hearing officer in his or her place; and (6) Performing all other functions necessary and appropriate to discharge the duties of commissioner.