[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1264.117]



[Page 379-380]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.117  Authority of the presiding officer.



    (a) The presiding officer shall conduct a fair and impartial 

hearing, avoid delay, maintain order, and assure that a record of the 

proceeding is made.

    (b) The presiding officer has the authority to--

    (1) Set and change the date, time, and place of the hearing upon 

reasonable notice to the parties;

    (2) Continue or recess the hearing in whole or in part for a 

reasonable period of time;

    (3) Hold conferences to identify or simplify the issues, or to 

consider other matters, including settlement conferences or other 

alternative dispute resolution, that may aid in the fair and expeditious 

disposition of the proceeding;

    (4) Administer oaths and affirmations;

    (5) Issue subpoenas, requiring the attendance of witnesses and the 

production of documents at depositions or at hearings, which the 

presiding officer considers relevant and material;

    (6) Rule on motions and other procedural matters;

    (7) Regulate the scope and timing of discovery;

    (8) Regulate the course of the hearing and the conduct of 

representatives and parties;

    (9) Examine witnesses;

    (10) Receive, rule on, exclude, or limit evidence;

    (11) Upon motion of a party, take official notice of facts;



[[Page 380]]



    (12) Upon motion of a party, decide cases, in whole or in part, by 

summary judgment where there is no genuine issue as to any material 

fact;

    (13) Conduct any conference, argument, or hearing on motions in 

person or by telephone; and

    (14) Exercise such other authority as is necessary to carry out the 

responsibilities of the presiding officer under this part.

    (c) The presiding officer does not have the authority to find 

Federal statutes or regulations invalid.



[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]