[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR26.2]



[Page 281]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.2  Hearing officer, powers and duties.



    (a) Hearing officer. Proceedings conducted under these rules shall 

be presided over by a hearing officer who shall be an Administrative Law 

Judge or Board of Contract Appeals Judge authorized by the Secretary or 

designee to conduct proceedings under this part.

    (b) Time and place of hearing. The hearing officer shall set the 

time and place of any hearing and shall give reasonable notice to the 

parties.

    (c) Powers of hearing officers. The hearing officer shall conduct a 

fair and impartial hearing and take all action necessary to avoid delay 

in the disposition of proceeding and to maintain order. The hearing 

officer shall have all powers necessary to those ends, including but not 

limited to the power:

    (1) To administer oaths and affirmations;

    (2) To cause subpoenas to be issued as authorized by law;

    (3) To rule upon offers of proof and receive evidence;

    (4) To order or limit discovery as the interests of justice may 

require;

    (5) To regulate the course of the hearing and the conduct of the 

parties and their counsel;

    (6) To hold conferences for the settlement or simplification of the 

issues by consent of the parties;

    (7) To consider and rule upon all procedural and other motions 

appropriate in adjudicative proceedings;

    (8) To take notice of any material fact not appearing in evidence in 

the record which is properly a matter of judicial notice; and

    (9) To make and file determinations.