405. DUTIES AND POWERS OF HEARING EXAMINER

405 DUTIES AND POWERS OF HEARING EXAMINER 405.1 The hearing examiner shall conduct a fair and impartial hearing, and shall take all necessary action to avoid undue delay in the disposition of a complaint before the Commission. The powers of the hearing examiner include, but are not limited to the following: (a) Scheduling of status conferences, pre-hearing conference, and the hearing; (b) Certifying the competency of non-attorney representatives pursuant to § 801.1; (c) Administering oaths or affirmations; (d) Controlling the admission of evidence into the record; (e) Regulating the presentation of oral and written argument; (f) Ruling on procedural issues and motions that do not determine the outcome of the hearing process; (g) Recommending rulings to the Hearing Tribunal on substantive issues and motions that determine the outcome of the hearing process; and (h) Regulating the conduct of the hearing process, maintaining decorum, and imposing or recommending sanctions in accordance with § 434. SOURCE: Final Rulemaking published at 42 DCR 1429, 1432 (March 24, 1995).