---
kind: "section"
citation: "39 C.F.R. § 952.17"
title: "39"
number: "952.17"
heading: "Presiding officers."
url: "https://uscodex.org/cfr/39/952.17"
---

# §952.17. Presiding officers.

- (a) The presiding officer at any hearing shall be an Administrative Law Judge qualified in accordance with law or the Judicial Officer ([39 U.S.C. 204](/usc/39/204.md)). The Chief Administrative Law Judge shall assign cases. The Judicial Officer may, for good cause shown, preside at the hearing if an Administrative Law Judge is unavailable.
- (b) The presiding officer shall have authority to:
  - (1) Administer oaths and affirmations;
  - (2) Examine witnesses;
  - (3) Rule upon offers of proof, admissibility of evidence, and matters of procedure;
  - (4) Order any pleading amended upon motion of a party at any time prior to the close of the hearing;
  - (5) Maintain discipline and decorum and exclude from the hearing any person acting in an inappropriate manner;
  - (6) Require the filing of briefs or memoranda of law on any matter upon which he or she is required to rule;
  - (7) Order prehearing conferences for the purpose of the settlement or simplification of issues by the parties;
  - (8) Order the proceeding reopened at any time prior to his or her decision for the receipt of additional evidence;
  - (9) Render an initial decision, which becomes the final agency decision unless a timely appeal is taken, except that the Judicial Officer may issue a tentative or a final decision;
  - (10) Rule on motion by either party, or on his or her own initiative, for a determination on the written record in lieu of an oral hearing in his or her sole discretion;
  - (11) Rule on motion by either party, or on his or her own initiative, to permit a hearing to be conducted by telephone, video conference, or other appropriate means;
  - (12) Rule upon applications and requests filed under §§ [952.19](/cfr/39/952.19.md) and [952.21](/cfr/39/952.21.md); and
  - (13) Exercise all other authority conferred upon the presiding officer by the Administrative Procedure Act or other applicable law.

## Notes

### Authority

Authority: 39 U.S.C. 204, 401, 3001, 3005, 3012, 3016; 5 U.S.C. 554.

### Source

Source: 76 FR 36320, June 22, 2011, unless otherwise noted.