39 C.F.R. § 3001.23 Presiding officers.
Title 39 - Postal Service
(a) Authority delegated. Presiding officers shall have the authority, within the Commission's powers and subject to its published rules, as follows: (1) To regulate the course of the hearing, including the recessing, reconvening, and adjournment thereof, unless otherwise directed by the Commission, as provided in §3001.16; (2) To administer oaths and affirmations; (3) To issue subpoenas authorized by law; (4) To rule upon offers of proof and receive relevant evidence; (5) To take or authorize that depositions be taken as provided in §3001.33; (6) To hold appropriate conferences before or during hearings and to rule on matters raised at such conferences including those specified in paragraph (d) of §3001.24; (7) To dispose of procedural requests or similar matters but not, before their initial or recommended decision, to dispose of motions made during hearings to dismiss proceedings or other motions which involve a final determination of the proceeding; (8) Within their discretion, or upon direction of the Commission, to certify any question to the Commission for its consideration and disposition; (9) To submit an initial or recommended decision in accordance with §§3001.38 and 3001.39; and (10) To take any other action necessary or appropriate to the discharge of the duties vested in them, consistent with the statutory or other authorities under which the Commission functions and with the rules, regulations, and policies of the Commission. (b) Conduct of hearings. It is the duty of the presiding officer to conduct a fair and impartial hearing and to maintain order. Any disregard by participants or counsel of his/her rulings on matters of order and procedure shall be noted on the record, and where he/she deems it necessary shall be made the subject of a special written report to the Commission. In the event that participants or counsel should be guilty of disrespectful, disorderly, or contumacious language or conduct in connection with any hearing, the presiding officer immediately may submit to the Commission his/her report thereon, together with his/her recommendations, and in his/her discretion, suspend the hearing. (c) Ex parte communication. Except to the extent required for the disposition of ex parte matters as authorized by law and by the rules of the Commission, no presiding officer shall, in any proceeding in which the Commission may so direct, or in any proceeding required by statute to be determined on the record after opportunity for hearing, consult any person on any matter in issue unless upon notice and opportunity for all participants to be heard. (d) Disqualification. A presiding officer may withdraw from a proceeding when he/she deems himself disqualified, or may be withdrawn by the Commission for good cause found after timely affidavits alleging personal bias or other disqualifications have been filed. [36 FR 396, Jan. 12, 1971, as amended at 49 FR 6490, Feb. 22, 1984; 51 FR 8827, Mar. 14, 1986; 58 FR 38976, July 21, 1993]
Title 39: Postal Service
PART 3001—RULES OF PRACTICE AND PROCEDURE
Subpart A—Rules of General Applicability
§ 3001.23 Presiding officers.
