18 CFR §385.504
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Duties.
- (1)It shall be the duty of the presiding officer to conduct a fair and impartial hearing and to determine the matter justly under the law.
- (2)The presiding officer will cause all appearances during a hearing to be entered on the record with a notation in whose behalf each appearance is made.
- (3)The presiding officer will establish the order of presentation of the cases of all participants in the hearing.
- (4)The presiding officer will assure that the taking of evidence and subsequent matters proceed with all reasonable diligence and with the least delay practicable.
- (5)The presiding officer will prepare and certify an initial decision or a revised initial decision, whichever is appropriate, to the Commission as provided in Subpart G of this part.
- (b)Powers. Except as otherwise ordered by the Commission or provided by law, the presiding officer may:
- (1)Schedule and otherwise regulate the course of the hearing;
- (2)Recess, reconvene, postpone, or adjourn the hearing;
- (3)Administer oaths;
- (4)Rule on and receive evidence;
- (5)Cause Discovery to be conducted;
- (6)Exercise powers granted a presiding officer under Subpart D;
- (7)Hold conferences of the participants, as provided in Subpart F of this part, including for the purpose of considering the use of alternative dispute resolution procedures;
- (8)Rule on, and dispose of, procedural matters, including oral or written motions;
- (9)Summarily dispose of a proceeding or part of a proceeding, as provided in Rule 217;
- (10)Certify a question to the Commission, as provided in Rule 714;
- (11)Permit or deny appeal of an interlocutory ruling, as provided in Rule 715;
- (12)Rule on motions to intervene, as provided in Rule 214;
- (13)Separate any issue or group of issues from other issues in a proceeding and treat such issue or group of issues as a separate phase of the proceeding;
- (14)Maintain order, as follows:
- (i)Ensure that any disregard by any person of rulings on matters of order and procedure is noted on the record or, if appropriate, is made the subject of a special written report to the Commission;
- (ii)In the event any person engages in disrespectful, disorderly, or contumacious language or conduct in connection with the hearing, recess the hearing for such time as necessary to regain order;
- (iii)Request that the Commission take appropriate action, including removal from the proceeding, against a participant or counsel, if necessary to maintain order.
- (15)Modify any time period, if such modification is in the interest of justice and will result in no undue prejudice to any participant;
- (16)Limit the number of expert witnesses who may testify on any issue, consistent with the rule against repetitious testimony in Rule 509(a);
- (17)Limit the number of persons, other than staff, representing a similar interest who may examine witnesses or make or argue motions or objections;
- (18)Require; or authorize the admission of, further evidence upon any issue at any time before the close of the evidentiary record;
- (19)[Reserved]
- (20)Take any other action necessary or appropriate to the discharge of the duties of a presiding officer, consistent with applicable law and policy.
- (c)Disqualification.