| (a) For any assigned case and subject to any limitations
imposed by law or by Commission rule, the examiner shall have broad
discretion in regulating the course and conduct of the hearing. The
examiner's authority includes, but is not limited to, the following
authority:
(1) to administer oaths and affirmations;
(2) to issue subpoenas to compel the attendance of
witnesses and the production of papers and documents;
(3) to authorize the taking of depositions and issue
discovery orders;
(4) to call and examine witnesses;
(5) to receive evidence;
(6) to rule upon the admissibility of evidence and
amendments to pleadings;
(7) to limit the number of witnesses whose testimony
would be merely cumulative;
(8) to set reasonable times within which a party may
testify, cross-examine witnesses, or present evidence;
(9) to impose sanctions;
(10) to maintain order in a hearing;
(11) to recess any hearing;
(12) to issue a proposal for decision, including proposed
findings of fact and conclusions of law and a recommended order;
(13) to reopen the record when justice requires;
(14) to amend the proposal for decision or recommended
order, or both;
(15) to issue a supplemental or amended proposal for
decision and proposed order;
(16) to review the jurisdiction of the Commission and
standing of parties as it pertains to a contested case;
(17) to issue orders relating to hearing, prehearing
and posthearing matters; and
(18) to take other permissive action which is necessary
for a fair, just, and proper hearing.
(b) If at any time the examiner is unable to continue
to serve, the Hearings Director may appoint another examiner to perform
any remaining functions without the necessity of repeating previous
proceedings.
(c) At their discretion, the Commissioners may preside
over contested cases pursuant to this section.
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