---
kind: "section"
citation: "18 C.F.R. § 385.504"
title: "18"
number: "385.504"
heading: "Duties and powers of presiding officers (Rule 504)."
url: "https://uscodex.org/cfr/18/385.504"
---

# §385.504. Duties and powers of presiding officers (Rule 504).

- (a) **Duties.**
  - (1) It shall be the duty of the presiding officer to conduct a fair and impartial hearing and to determine the matter justly under the law.
  - (2) The presiding officer will cause all appearances during a hearing to be entered on the record with a notation in whose behalf each appearance is made.
  - (3) The presiding officer will establish the order of presentation of the cases of all participants in the hearing.
  - (4) The presiding officer will assure that the taking of evidence and subsequent matters proceed with all reasonable diligence and with the least delay practicable.
  - (5) The presiding officer will prepare and certify an initial decision or a revised initial decision, whichever is appropriate, to the Commission as provided in Subpart G of this part.
- (b) **Powers.** Except as otherwise ordered by the Commission or provided by law, the presiding officer may:
  - (1) Schedule and otherwise regulate the course of the hearing;
  - (2) Recess, reconvene, postpone, or adjourn the hearing;
  - (3) Administer oaths;
  - (4) Rule on and receive evidence;
  - (5) Cause Discovery to be conducted;
  - (6) Exercise powers granted a presiding officer under Subpart D;
  - (7) Hold conferences of the participants, as provided in Subpart F of this part, including for the purpose of considering the use of alternative dispute resolution procedures;
  - (8) Rule on, and dispose of, procedural matters, including oral or written motions;
  - (9) Summarily dispose of a proceeding or part of a proceeding, as provided in [Rule 217](/cfr/18/217.md);
  - (10) Certify a question to the Commission, as provided in [Rule 714](/cfr/18/714.md);
  - (11) Permit or deny appeal of an interlocutory ruling, as provided in [Rule 715](/cfr/18/715.md);
  - (12) Rule on motions to intervene, as provided in [Rule 214](/cfr/18/214.md);
  - (13) Separate any issue or group of issues from other issues in a proceeding and treat such issue or group of issues as a separate phase of the proceeding;
  - (14) **Maintain order, as follows—**
    - (i) Ensure that any disregard by any person of rulings on matters of order and procedure is noted on the record or, if appropriate, is made the subject of a special written report to the Commission;
    - (ii) In the event any person engages in disrespectful, disorderly, or contumacious language or conduct in connection with the hearing, recess the hearing for such time as necessary to regain order;
    - (iii) Request that the Commission take appropriate action, including removal from the proceeding, against a participant or counsel, if necessary to maintain order.
  - (15) Modify any time period, if such modification is in the interest of justice and will result in no undue prejudice to any participant;
  - (16) Limit the number of expert witnesses who may testify on any issue, consistent with the rule against repetitious testimony in [Rule 509(a)](/cfr/18/509.md?p=a);
  - (17) Limit the number of persons, other than staff, representing a similar interest who may examine witnesses or make or argue motions or objections;
  - (18) Require; or authorize the admission of, further evidence upon any issue at any time before the close of the evidentiary record;
  - (19) [Reserved]
  - (20) Take any other action necessary or appropriate to the discharge of the duties of a presiding officer, consistent with applicable law and policy.
- (c) **Disqualification.**
  - (1) A presiding officer may withdraw from a proceeding, if that officer believes himself or herself disqualified.
  - (2) The Commission may, for good cause, order the removal of any presiding officer from a proceeding, on motion filed with the Commission or otherwise.

## Notes

### Amendments

[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983, as amended by Order 375, 49 FR 21315, May 21, 1984; Order 466, 52 FR 6970, Mar. 6, 1987; Order 578, 60 FR 19505, Apr. 19, 1995; Order 914, 90 FR 48406, Oct. 21, 2025]

### Authority

Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015).

### Source

Source: Order 225, 47 FR 19022, May 3, 1982, unless otherwise noted.

### Amendments

[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983, as amended by Order 375, 49 FR 21315, May 21, 1984; Order 466, 52 FR 6970, Mar. 6, 1987; Order 578, 60 FR 19505, Apr. 19, 1995; Order 914, 90 FR 48406, Oct. 21, 2025]