[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.67]

[Page 279-280]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200_RULES OF PROCEDURE--Table of Contents
 
                           Subpart E_Hearings
 
Sec. 2200.67  Duties and powers of judges.

    It shall be the duty of the Judge to conduct a fair and impartial 
hearing, to assure that the facts are fully elicited, to adjudicate all 
issues and avoid delay. The Judge shall have authority with respect to 
cases assigned to him, between the time he is designated and the time he 
issues his decision, subject to the rules and regulations of the 
Commission, to:
    (a) Administer oaths and affirmations;
    (b) Issue authorized subpoenas;
    (c) Rule upon petitions to revoke subpoenas;
    (d) Rule upon offers of proof and receive relevant evidence;
    (e) Take or cause depositions to be taken whenever the needs of 
justice would be served;

[[Page 280]]

    (f) 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 questions;
    (g) Hold conferences for the settlement or simplification of the 
issues;
    (h) Dispose of procedural requests or similar matters, including 
motions referred to the Judge by the Commission and motions to amend 
pleadings; also to dismiss complaints or portions thereof, and to order 
hearings reopened or, upon motion, consolidated prior to issuance of his 
decision;
    (i) Make decisions in conformity with section 557 of title 5, United 
States Code;
    (j) Call and examine witnesses and to introduce into the record 
documentary or other evidence;
    (k) Request the parties to state their respective positions 
concerning any issue in the case or theory in support thereof;
    (l) Adjourn the hearing as the needs of justice and good 
administration require;
    (m) Take any other action necessary under the foregoing and 
authorized by the published rules and regulations of the Commission.

[51 FR 32015, Sept. 8, 1986, as amended at 62 FR 35963, July 3, 1997]