(a) A presiding officer has the discretionary authority to do the following:
- (1) Determine the order of procedure.
- (2) Regulate the conduct of hearings, including the scheduling, recessing, reconvening and adjournment, and to do acts and take measures necessary or proper for the efficient conduct of hearings.
- (3) Administer oaths and affirmations.
- (4) Receive evidence.
- (5) Rule upon offers of proof and evidentiary objections.
- (6) Hold appropriate conferences before or during hearings and order the parties to submit memoranda in advance of the conference.
- (7) Dispose of procedural requests, including discovery or similar matters.
- (8) Specify the manner in which pleadings are to be submitted to the presiding officer, including the format and contents of these documents.
- (9) Require that the parties, prior to the hearing, submit witness lists or lists of documents, or both, to be presented at the hearing.
- (10) Take other actions as necessary and appropriate to discharge the presiding officer’s vested duties, consistent with statutory and regulatory authority.
- (b) Subsection (a) supersedes 1 Pa. Code Chapter 35, Subchapter E (relating to presiding officers).