Section 763.40  Authority of Hearing Examiner

a)         The Hearing Examiner shall have authority over the conduct of a proceeding under this Part and the responsibility for submission of the matter to the Commission for decision.  The Hearing Examiner shall have those duties and powers necessary to these ends, including the following:

1)         To conduct hearings and pre-hearing conferences;

2)         To direct parties to serve testimony and exhibits and establish a date certain for service;

3)         To grant or deny Petitions to Intervene;

4)         To conduct discovery of the parties;

5)         To supervise all or any part of any discovery procedure;

6)         To administer oaths and affirmations;

7)         To examine witnesses and to allow the examination of an adverse party or agent;

8)         To rule upon all matters which do not result in the final determination of the proceeding;

9)         To call upon any party at any stage of the proceeding to produce further information that is material and relevant to any issue;

10)         To issue proposed decisions pursuant to Section 763.420 of this Part;

11)         To issue protective orders in accordance with Section 763.430 of this Part; and

12)         To ensure that the proceeding is conducted in a full, fair and impartial manner, that order is maintained and that unnecessary delay is avoided in the disposition of the proceedings.

b)         Any party who fails to comply with an order of the Hearing Examiner may be limited in its presentation of information during the proceeding.