---
kind: "section"
citation: "45 C.F.R. § 99.21"
title: "45"
number: "99.21"
heading: "Authority of presiding officer."
url: "https://uscodex.org/cfr/45/99.21"
---

# §99.21. Authority of presiding officer.

- (a) The presiding officer shall have the duty to conduct a fair hearing, to avoid delay, maintain order, and make a record of the proceedings. The presiding officer shall have all powers necessary to accomplish these ends, including, but not limited to, the power to:
  - (1) **Change the date, time, and place of the hearing, upon due notice to the parties.** This authority includes the power to continue the hearing in whole or in part;
  - (2) Hold conferences to settle or simplify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
  - (3) Regulate participation of parties and amici curiae and require parties and amici curiae to state their position with respect to the various issues in the proceeding;
  - (4) Administer oaths and affirmations;
  - (5) Rule on all pending motions and other procedural items including issuance of protective orders or other relief to a party against whom discovery is sought;
  - (6) Regulate the course of the hearing and conduct of counsel therein;
  - (7) Examine witnesses;
  - (8) Receive, rule on, exclude or limit evidence or discovery;
  - (9) Fix the time for filing motions, petitions, briefs, or other items in matters pending;
  - (10) If the presiding officer is the Assistant Secretary, make a final decision;
  - (11) If the presiding officer is not the Assistant Secretary, certify the entire record including the recommended findings and proposed decision to the Assistant Secretary; and
  - (12) Take any action authorized by the rules in this part or in conformance with the provisions of [5 U.S.C. 551 through 559](/usc/5/551..559.md).
- (b) The presiding officer does not have authority to compel by subpoena the production of witnesses, papers, or other evidence.

## Notes

### Authority

Authority: 42 U.S.C. 618, 9858.

### Source

Source: 57 FR 34428, Aug. 4, 1992, unless otherwise noted.