The judge shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, and maintain order. He/she shall have all powers necessary to effect these ends, including (but not limited to) the power to:
- (a) Arrange and issue notice of the date, time, and place of hearings previously set.
- (b) Hold conferences to settle, simplify, or fix the issues in proceedings, or to consider other matters that may aid in the expeditious disposition of the proceedings.
- (c) Require parties and participants to state their position with respect to the various issues in the proceedings.
- (d) Administer oaths and affirmations.
- (e) Rule on motions, and other procedural items on matters pending before him/her.
- (f) Regulate the course of the hearing and conduct of counsel.
- (g) Examine witnesses and direct witnesses to testify.
- (h) Receive, rule on, exclude or limit evidence.
- (i) Fix time for filing motions, petitions, briefs, or other items in matters pending before him/her.
- (j) Issue decisions.
- (k) Take any action authorized by the rules in this part or the provisions of sections 551 through 559 of title 5 U.S.C. (the Administrative Procedure Act).
[45 FR 78474, Nov. 25, 1980. Redesignated at 53 FR 39474, Oct. 7, 1988]