• Part Number:
  • Part Number Title:
    Rules of Procedure for Promulgating Modifying or Revoking Occupational Safety or Health Standards
  • Standard Number:
  • Title:
    Powers of presiding officer.
  • GPO Source:

The officer presiding at a hearing shall have all the powers necessary or appropriate to conduct a fair and full hearing, including the powers:

To regulate the course of the proceedings;
To dispose of procedural requests, objections, and comparable matters;
To confine the presentations to the issues specified in the notice of hearing, or, where no issues are specified, to matters pertinent to the proposed rule;
To regulate the conduct of those present at the hearing by appropriate means;
In his discretion, to permit cross-examination of any witness;
To take official notice of material facts not appearing in the evidence in the record, so long as parties are entitled, on timely request, to an opportunity to show the contrary; and
In his discretion, to keep the record open for a reasonable, stated time to receive written recommendations, and supporting reasons, and additional data, views, and arguments from any person who has participated in the oral proceeding.