[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR269b.442]

[Page 845-846]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 269b--CHARGES OF UNFAIR LABOR PRACTICES--Table of Contents
 
Sec. 269b.442  Duties and powers of the hearing officer.

    The hearing officer shall inquire fully into the facts as to whether 
the respondent has engaged or is engaging in an unfair labor practice as 
set forth in the charge or the amended charge. The hearing officer shall 
have authority, with respect to cases assigned to him, between the time 
he is designated and transfer of the case to the panel, subject to the 
rules and regulations in this subchapter, to:
    (a) Grant requests for attendance of witnesses and production of 
documents;
    (b) Rule upon petitions to quash requests made pursuant to paragraph 
(a) of this section;
    (c) Call, examine, and cross-examine parties and witnesses as may be 
required for a full and true disclosure of the facts and to introduce 
into the record documentary or other evidence;
    (d) Rule upon offers of proof and receive relevant evidence;
    (e) Take or cause depositions to be taken whenever the ends of 
justice would be served thereby;
    (f) Limit lines of questioning or testimony which are repetitive, 
cumulative, or irrelevant;
    (g) Regulate the course of the hearing and, if appropriate or 
necessary, exclude persons or counsel from the hearing for contemptuous 
conduct and strike all related testimony of witnesses refusing to answer 
any proper question;
    (h) Hold such prehearing conferences as may be necessary to expedite 
proceedings and hold such other conferences for the settlement or 
simplification of the issues by consent of the parties or upon his own 
motion;
    (i) Dispose of procedural requests, motions, or similar matters 
which shall be made part of the record of the proceeding, including 
motions referred to the hearing officer by the panel, and motions to 
amend pleadings, also to recommend dismissal of cases or portions 
thereof, and to order hearings reopened or, upon motion, consolidated 
prior to issuance of the hearing officer's report and recommendations;
    (j) Request the parties at any time during the hearing to state 
their respective positions concerning any issue in the case or theory in 
support thereof;
    (k) Require the parties, if necessary, to file written briefs in 
support of their positions;
    (l) Take any other action necessary under the foregoing and 
authorized by the rules and regulations in this subchapter.

In the event the hearing officer designated to conduct the hearing 
becomes unavailable, the panel may designate another hearing officer for 
the

[[Page 846]]

purpose of further hearing or issuance of a report and recommendation on 
the record as made, or both.