1422.12—Duties and powers of the Hearing Officer.
(a)
A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of the program or activity.
(b)
Reasonable accommodation may include: (1) Making facilities used by employees readily accessible to and usable by handicapped persons, and (2) job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions.
(c)
In determining pursuant to paragraph (a) of this section whether an accommodation would impose an undue hardship on the operation of a recipient's program or activity, factors to be considered include:
(1)
The overall size of the recipient's program with respect to number and type of facilities, and size of budget;
(2)
Job restructuring, part-time or modified work schedules, acquisition and or modification of equipment of devices such as telecommunication devices for the deaf, the provision of readers or interpreters and other similar actions including the use of braille, enlarged type, and sign language, when appropriate.
(d)
A recipient may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.
It shall be the duty of Hearing Officers to inquire fully into the facts as they relate to the matters before them. With respect to cases assigned to them between the time they are designated and the transfer of the case to the Board, Hearing Officers shall have the authority to:
(c)
Take or cause depositions or interrogatories to be taken whenever the ends of justice would be served thereby;
(e)
Regulate the course of the hearing and, if appropriate, exclude from the hearing persons who engage in misconduct;
(g)
Hold conferences for the settlement or simplification of the issues by consent of the parties or upon the Hearing Officer's own motion;
(h)
Dispose of procedural requests, motions, or similar matters, which shall be made part of the record of the proceedings, including motions referred to the Hearing Officer by the Regional Director and motions to amend petitions;
(i)
Call and examine and cross-examine witnesses and introduce into the record documentary or other evidence;
(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)
Continue the hearing from day-to-day, or adjourn it to a later date or to a different place, by announcement thereof at the hearing or by other appropriate notice;
(l)
Rule on motions to correct the transcript which are received within ten (10) days after the transcript is received in the regional office; and
(m)
Take any other action necessary under this section and not prohibited by the regulations in this subchapter.