Sec. 13b.04.01.08. Conduct of Hearings and Sanctions

A. The Commission may, at its discretion, appoint less than a quorum of Commission members to preside at the hearing and prepare proposed findings of fact and conclusions of law. The proposed findings of fact and conclusions of law shall be presented to the Commission with a quorum of members present. At that meeting and any adjournment of that meeting, the proposed findings of fact and conclusions of law shall be considered and voted upon. The findings of fact and conclusions of law adopted by a majority of the members present shall serve as the basis for the Commission's final decision as provided in Regulation .29 of this chapter.

B. If the Commission elects not to appoint less than a quorum of Commission members to preside at the hearing, the hearing shall be conducted before the Commission and not less than a quorum of the Commission shall be present at all times during the hearing.

C. The Secretary or the Commission, whichever is presiding at a hearing, may:

(1) Make decisions and take any appropriate actions authorized by law;

(2) Hold prehearing conferences and require the parties to submit and exchange relevant and necessary documents and information before the beginning of the hearing;

(3) Conduct a full, fair, and impartial hearing;

(4) Regulate the course of the hearing and take action to avoid unnecessary delay in the disposition of the proceedings;

(5) Define the scope of the issues;

(6) Limit the time for presentations, limit unduly repetitious testimony, and otherwise establish appropriate schedules, dates, timetables, and deadlines;

(7) Maintain order and regulate the conduct of the witnesses and the parties and their authorized representatives, including but not limited to removing from a hearing those whose conduct impedes the orderly progress of the hearing;

(8) Administer oaths and affirmations;

(9) Rule on offers of proof and receive relevant and material evidence;

(10) Admit evidence and rule on the admissibility of evidence;

(11) Rule on motions;

(12) Examine and call witnesses;

(13) Grant a continuance for good cause shown;

(14) Require parties to submit legal memoranda, proposed findings of fact, and conclusions of law; and

(15) Impose appropriate sanctions for failure to abide by these regulations or any order of the Secretary or the Commission, including but not limited to:

(a) Limiting the issues to be heard,

(b) Limiting the introduction of documentary and testimonial evidence,

(c) Dismissing all or any part of a contested case, or

(d) Entering an order on the merits against any party.

D. The Secretary or the Commission, whichever is presiding at a hearing, may modify or waive any time periods established by this chapter. Any modifications or waivers which would result in beginning the hearing after the date required by law shall be with the consent of all parties.