99.21—Authority of presiding officer.
(a)
The presiding officer shall have the duty to conduct a fair hearing, to avoid delay, maintain order, and make a record of the proceedings. The presiding officer shall have all powers necessary to accomplish these ends, including, but not limited to, the power to:
(1)
Change the date, time, and place of the hearing, upon due notice to the parties. This authority includes the power to continue the hearing in whole or in part;
(2)
Hold conferences to settle or simplify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
(3)
Regulate participation of parties and amici curiae and require parties and amici curiae to state their position with respect to the various issues in the proceeding;
(5)
Rule on all pending motions and other procedural items including issuance of protective orders or other relief to a party against whom discovery is sought;
(11)
If the presiding officer is not the Assistant Secretary, certify the entire record including the recommended findings and proposed decision to the Assistant Secretary; and
(12)
Take any action authorized by the rules in this part or in conformance with the provisions of 5 U.S.C. 551 through 559.
(b)
The presiding officer does not have authority to compel by subpoena the production of witnesses, papers, or other evidence.