Presiding Officer

Presiding Officer means the Administrative Law Judge designated to be in charge of an enforcement adjudication who shall conduct a fair and impartial hearing, assure that the facts are fully elicited, adjudicate all issues, avoid delay, and shall have authority to:
(i) Conduct an adjudicatory hearing under this part;
(ii) Rule upon motions, requests, and offers of proof, dispose of procedural requests, and issue all necessary orders;
(iii) Exercise the authority set forth in ยง 820.8;
(iv) Admit or exclude evidence;
(v) Hear and decide questions of fact, law, or discretion, except for the validity of regulations and interpretations issued by DOE;
(vi) Require parties to attend conferences for the settlement or simplification of the issues, or the expedition of the proceedings;
(vii) Draw adverse inferences against a party that fails to comply with his orders;
(viii) Do all other acts and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by these rules.

Source

10 CFR § 820.2


Scoping language

The following definitions apply to this part:

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