(a) The presiding officer shall have all necessary authority to control the receipt of evidence, including the following:
- (1) Ruling on the admissibility of evidence.
(2) Confining the evidence to the issues in the proceeding and impose, where appropriate:
- (i) Limitations on the number of witnesses to be heard.
- (ii) Limitations of time and scope for direct and crossexaminations.
- (iii) Limitations on the production of further evidence.
- (iv) Other necessary limitations.
- (b) The presiding officer will actively employ these powers to direct and focus the proceedings consistent with due process.
- (c) Subsections (a) and (b) supersede 1 Pa. Code § § 35.127, 35.162 and 35.163 (relating to limiting number of witnesses; reception and ruling on evidence; and designation of relevant portions of documentary evidence).
Source
The provisions of this § 5.403 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.