Section 106.730  Authority of Hearing Officer, Board Members, and Board Assistants

a)         The hearing officer has the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record.  The hearing officer has all powers necessary to these ends, including the authority to:

1)         Issue discovery orders;

2)         Rule upon objections to discovery orders;

3)         Make protective orders as justice requires, which may deny, limit, condition or regulate discovery to prevent unreasonable delay, expense, harassment, or oppression, or to protect materials from disclosure by the party who obtains the materials;

4)         Administer oaths and affirmations;

5)         Rule upon offers of proof, receive evidence and rule upon objections to introducing evidence, subject to Section 106.732(b) of this Subpart;

6)         Regulate the course of the hearings and the conduct of the parties and their counsel;

7)         Examine witnesses solely to clarify the record of the hearing.  When any party is not represented by counsel, the hearing officer may examine and cross-examine any witness to insure a clear and complete record.  However, the hearing officer may not exclude exhibits or other testimony because of the examination unless all parties agree; and

8)         Except as otherwise provided, consider and rule as justice may require upon motions appropriate to an adjudicative proceeding.

b)         Any Board Member or assistant to a Board Member present at the hearing may advise the hearing officer and may interrogate witnesses, but does not have the authority to rule on objections or motions or to overrule the hearing officer during the hearing.