- (a) rule upon procedural motions and requests;
- (b) set the time and the place of the hearing and any recesses and adjournments;
- (c) administer oaths and affirmations;
- (d) regulate discovery as reasonable and necessary to promote full disclosure and administrative efficiency;
- (e) issue subpoenas requiring the attendance and testimony of witnesses and the production of records and other evidence upon request of a party not represented by counsel admitted to practice in New York State;
- (f) upon the request of a party, quash and modify subpoenas except that in the case of a non-party witness the hearing officer my quash or modify a subpoena regardless of whether or not a party has so requested;
- (g) summon and examine witnesses;
- (h) admit or exclude evidence;
- (i) take official notice of all facts of which judicial notice could be taken and of facts within the specialized knowledge of the agency;
- (j) hear oral argument on facts and law so long as it is recorded;
- (k) direct the convening of any conference required for administrative efficiency;
- (l) preclude irrelevant or unduly repetitious, tangential or speculative testimony or argument;
- (m) limit the length of cross-examination, length of briefs and similar matters;
- (n) do all acts and take all measures necessary for the maintenance of order and efficient conduct of the hearing;
- (o) act as custodian of hearing exhibits until such time as the hearing record is forwarded to the agency;
- (p) prepare a hearing report if requested; and
- (q) exercise any other authority available to presiding officers under article 3 of SAPA.
The hearing officer shall conduct the hearing in a fair and impartial manner. The hearing officer shall have the power to take the following actions: