1. (a) Administer oaths and affirmations;
2. (b) Examine witnesses;
3. (c) Rule upon offers of proof, admissibility of evidence, and matters of procedure;
4. (d) Order any pleading amended upon motion of a party at any time prior to the close of the hearing;
5. (e) Maintain discipline and decorum and exclude from the hearing any person acting in an indecorous manner;
6. (f) Require the filing of briefs or memorandum of law on any matter upon which the Hearing Officer is required to rule;
7. (g) Order prehearing conferences for the purpose of the settlement or simplification of issues by the parties;
8. (h) Order the proceeding reopened at any time prior to his or her recommended decision for the receipt of additional evidence;
9. (i) Render a final recommended decision to the Department;
10. (j) Take any further action as may be necessary to properly preside over the debarment proceeding and render a recommended decision therein.

The Hearing Officer shall have authority to:

Note: Authority cited: Section 14105, Government Code. Reference: Section 14105, Government Code; and Section 1101, Public Contract Code.

History

1. New section filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).