[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR385.504]

[Page 903-904]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 385--RULES OF PRACTICE AND PROCEDURE--Table of Contents
 
                           Subpart E--Hearings
 
Sec. 385.504  Duties and powers of presiding officers (Rule 504).

    (a) Duties. (1) It shall be the duty of the presiding officer to 
conduct a fair and impartial hearing and to determine the matter justly 
under the law.
    (2) The presiding officer will cause all appearances during a 
hearing to be entered on the record with a notation in whose behalf each 
appearance is made.
    (3) The presiding officer will establish the order of presentation 
of the cases of all participants in the hearing.
    (4) The presiding officer will assure that the taking of evidence 
and subsequent matters proceed with all reasonable diligence and with 
the least delay practicable.
    (5) The presiding officer will prepare and certify an initial 
decision or a revised initial decision, whichever is appropriate, to the 
Commission as provided in Subpart G of this part.
    (b) Powers. Except as otherwise ordered by the Commission or 
provided by law, the presiding officer may:
    (1) Schedule and otherwise regulate the course of the hearing;
    (2) Recess, reconvene, postpone, or adjourn the hearing;
    (3) Administer oaths;
    (4) Rule on and receive evidence;
    (5) Cause Discovery to be conducted;
    (6) Exercise powers granted a presiding officer under Subpart D;
    (7) Hold conferences of the participants, as provided in Subpart F 
of this

[[Page 904]]

part, including for the purpose of considering the use of alternative 
dispute resolution procedures;
    (8) Rule on, and dispose of, procedural matters, including oral or 
written motions;
    (9) Summarily dispose of a proceeding or part of a proceeding, as 
provided in Rule 217;
    (10) Certify a question to the Commission, as provided in Rule 714;
    (11) Permit or deny appeal of an interlocutory ruling, as provided 
in Rule 715;
    (12) Rule on motions to intervene, as provided in Rule 214;
    (13) Separate any issue or group of issues from other issues in a 
proceeding and treat such issue or group of issues as a separate phase 
of the proceeding;
    (14) Maintain order, as follows:
    (i) Ensure that any disregard by any person of rulings on matters of 
order and procedure is noted on the record or, if appropriate, is made 
the subject of a special written report to the Commission;
    (ii) In the event any person engages in disrespectful, disorderly, 
or contumacious language or conduct in connection with the hearing, 
recess the hearing for such time as necessary to regain order;
    (iii) Request that the Commission take appropriate action, including 
removal from the proceeding, against a participant or counsel, if 
necessary to maintain order.
    (15) Modify any time period, if such modification is in the interest 
of justice and will result in no undue prejudice to any participant;
    (16) Limit the number of expert witnessess who may testify on any 
issue, consistent with the rule against repetitious testimony in Rule 
509(a);
    (17) Limit the number of persons, other than staff, representing a 
similar interest who may examine witnesses or make or argue motions or 
objections;
    (18) Require; or authorize the admission of, further evidence upon 
any issue at any time before the close of the evidentiary record;
    (19) Rule on motions for reconsideration of an initial decision as 
provided in Rule 717;
    (20) Take any other action necessary or appropriate to the discharge 
of the duties of a presiding officer, consistent with applicable law and 
policy.
    (c) Disqualification. (1) A presiding officer may withdraw from a 
proceeding, if that officer believes himself or herself disqualified.
    (2) The Commission may, for good cause, order the removal of any 
presiding officer from a proceeding, on motion filed with the Commission 
or otherwise.

[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983, as 
amended by Order 375, 49 FR 21315, May 21, 1984; Order 466, 52 FR 6970, 
Mar. 6, 1987; Order 578, 60 FR 19505, Apr. 19, 1995]