45 CFR §99.21

1. (a)The presiding officer shall have the duty to conduct a fair hearing, to avoid delay, maintain order, and make a record of the proceedings. The presiding officer shall have all powers necessary to accomplish these ends, including, but not limited to, the power to:
   1. (1)Change the date, time, and place of the hearing, upon due notice to the parties. This authority includes the power to continue the hearing in whole or in part;
   2. (2)Hold conferences to settle or simplify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
   3. (3)Regulate participation of parties and amici curiae and require parties and amici curiae to state their position with respect to the various issues in the proceeding;
   4. (4)Administer oaths and affirmations;
   5. (5)Rule on all pending motions and other procedural items including issuance of protective orders or other relief to a party against whom discovery is sought;
   6. (6)Regulate the course of the hearing and conduct of counsel therein;
   7. (7)Examine witnesses;
   8. (8)Receive, rule on, exclude or limit evidence or discovery;
   9. (9)Fix the time for filing motions, petitions, briefs, or other items in matters pending;
   10. (10)If the presiding officer is the Assistant Secretary, make a final decision;
   11. (11)If the presiding officer is not the Assistant Secretary, certify the entire record including the recommended findings and proposed decision to the Assistant Secretary; and
   12. (12)Take any action authorized by the rules in this part or in conformance with the provisions of 5 U.S.C. 551 through 559.
2. (b)The presiding officer does not have authority to compel by subpoena the production of witnesses, papers, or other evidence.