- (a) The Securities Commissioner shall have all the powers necessary to conduct investigations and proceedings in a fair and impartial manner and to avoid unnecessary delay.
(b) The powers of the commissioner include, but are not limited to, the following:
- (1) Administer oaths and affirmations;
- (2) Subpoena witnesses, documents, or records;
- (3) Permit discovery by deposition or otherwise;
- (4) Preside over a hearing or designate a hearing officer to preside over a hearing;
- (5) Maintain order by regulating the course of the hearing and the conduct of the parties and their attorney, including the power to receive relevant and material evidence, to exclude repetitious evidence, rule upon the admissibility of evidence and offers of proof, and exclude or suspend a party’s attorney from the proceedings for dilatory, obstructionist, egregious, contemptuous, or contumacious conduct;
- (6) Schedule and hold prehearing conferences and conferences prior to and during the course of a hearing for purposes of settlement or simplification of issues;
- (7) Consider and rule upon all procedural and other pleadings and motions appropriate in a proceeding, including petitions to add a party or intervenor;
- (8) Recuse for bias or conflict of interest on a motion made by a party and appoint a new hearing officer in his or her place;
- (9) Take such action as the circumstances warrant against a person who engages in dilatory or obstructionist conduct during the course of a deposition including exclusion of the offending person from participation in the deposition or contested case; and
- (10) Perform all other functions necessary and appropriate to discharge the duties of commissioner.