405.1 The hearing examiner shall conduct a fair and impartial hearing, and shall take all necessary action to avoid undue delay in the disposition of a complaint before the Commission. The powers of the hearing examiner include, but are not limited to the following:
- (a) Scheduling of status conferences, pre-hearing conference, and the hearing;
- (b) Certifying the competency of non-attorney representatives pursuant to § 801.1;
- (c) Administering oaths or affirmations;
- (d) Controlling the admission of evidence into the record;
- (e) Regulating the presentation of oral and written argument;
- (f) Ruling on procedural issues and motions that do not determine the outcome of the hearing process;
- (g) Recommending rulings to the Hearing Tribunal on substantive issues and motions that determine the outcome of the hearing process; and
- (h) Regulating the conduct of the hearing process, maintaining decorum, and imposing or recommending sanctions in accordance with § 434.
SOURCE: Final Rulemaking published at 42 DCR 1429, 1432 (March 24, 1995).