1. (a) Subject to the statutes and rules governing the department, each hearings examiner shall have the authority to:

   1. (1) Schedule and hold hearings;
   2. (2) Administer oaths and affirmations;
   3. (3) Issue subpoenas on behalf of the state;
   4. (4) Determine the order of proof in any proceeding;
   5. (5) Receive relevant evidence and rule on offers of proof in hearings;
   6. (6) Take official notice of any facts which are of common knowledge and general notoriety;
   7. (7) Take, or cause to be taken, depositions;
   8. (8) Regulate and control the course of an administrative hearing;
   9. (9) Hold on the record conferences for the settlement or simplification of issues, or for obtaining stipulations as to issues of fact or proof by consent of the parties;
   10. (10) Dispose of procedural requests, including adjournments or continuances, at the request of the parties or on the hearing examiner's own motion;
   11. (11) Interview and examine witnesses as the case may require;
   12. (12) Direct parties to appear at hearings;
   13. (13) Consider and evaluate the facts and evidence on the record and make findings of fact, conclusions of law, and dispositions;
   14. (14) Determine credibility or weight of evidence in making findings of fact and conclusions of law;
   15. (15) Render oral and written decisions, reports or recommendations as authorized by statute or rule;
   16. (16) Make a complete record of any proceeding including all relevant matters;
   17. (17) Take any action in a proceeding necessary to conduct and complete the case not inconsistent with applicable statutes, rules, and precedents;
   18. (18) Place an individual or other legal entity on probation;
   19. (19) Place all or part of a penalty in abeyance providing that this action is not inconsistent with any other rule or law; and
   20. (20) Require that a respondent have a picture taken for identification purposes.

Source. #2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5274, eff 11-20-91; amd by #5428, eff 6-25-92; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.13); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.10)