R 423.172 Duties and powers of administrative law judge or fact finder.

Rule 172. (1) An administrative law judge or fact finder shall inquire fully into the facts involved in the proceeding before him or her. (2) An administrative law judge or fact finder has the power to do all of the following: (a) Hold pretrial conferences for settlement or clarification of the issues, either in person or by telephonic or electronic means, and may order the filing of position statements to aid in the pretrial or hearing process. (b) Dispose of procedural requests, motions, or similar matters. (c) Continue or adjourn a hearing to a later date. (d) Take or cause depositions to be taken when the ends of justice would be served thereby. (e) Grant applications for subpoenas, subpoena witnesses, administer oaths and affirmations, examine witnesses, receive relevant testimony and evidence, rule upon offers of proof, and introduce into the record documentary or other relevant evidence. (f) Regulate the course of a hearing and, if appropriate or necessary, exclude persons or counsel from the hearing for contemptuous conduct. (g) Order a hearing reopened before issuance of an administrative law judge's recommended order or fact finder's report. (h) Take official notice of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either generally recognized or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (i) Take official notice of common law, administrative law, constitutions, public statutes, private acts, resolutions of public bodies, ordinances, and regulations. (j) Take any other action necessary and authorized by rules of the commission.