Duties and Authority of the Hearing Officer

Section 101 Section 101.610  Duties and Authority of the Hearing Officer The hearing officer has the duty to manage proceedings assigned, to set hearings, to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear, complete, and concise record for timely transmission to the Board.  The hearing officer has all powers necessary to these ends, including the authority to: a)         Require parties to proceed to hearing and establish a schedule for, and notice and service of, any prefiled submission of testimony and written exhibits; b)         Administer oaths and affirmations; c)         Allow for the examination of or examine witnesses to ensure a clear and complete record; d)         Regulate the course of the hearing, including controlling the order of proceedings; e)         Establish reasonable time limits on the testimony and questioning of any witness, and limit repetitive or cumulative testimony and questioning; f)         Determine that a witness is adverse, hostile, or unwilling under Section 101.624; g)         Issue an order compelling the answers to interrogatories or responses to other discovery requests; h)         Order the production of evidence under Section 101.614; i)          Order the filing of any required Agency record, OSFM record, local siting authority record, or recommendation in a manner that provides for a timely review and development of issues prior to the hearing and consistent with any statutory decision deadline; j)          Initiate, schedule, and conduct a pre-hearing conference; k)         Order a briefing and comment schedule and exclude late-filed briefs and comments from the record; l)          Rule upon objections and evidentiary questions; m)        Order discovery under Sections 101.614 and 101.616; n)         Rule on any motion directed to the hearing officer or deferred to the hearing officer by the Board consistent with Section 101.502; o)         Set status report schedules; p)         Require all participants in a rulemaking or TLWQS proceeding to state their positions regarding the proposal or petition, as applicable; and q)         Rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence.