The hearing officer shall inquire
fully into the facts as to whether the respondent has engaged or is
engaging in an unfair labor practice as set forth in the charge or
the amended charge. The hearing officer shall have authorized, with
respect to cases assigned to him, between the time he is designated
and transfer of the case to the panel, subject to the rules and regulations
in this subchapter, to:
(a) Grant requests for
attendance of witnesses and productions of documents;
(b) Rule upon petitions to quash requests made pursuant
to paragraph (a) of this section;
(c) Call, examine,
and cross-examine parties and witnesses as may be required for a full
and true disclosure of the facts and to introduce into the record
documentary or other evidence;
(d) Rule upon offers
of proof and receive relevant evidence;
(e) Take
or cause depositions to be taken whenever the ends of justice would
be served thereby;
(f) Limit lines of questioning
or testimony which are repetitive, cumulative, or irrelevant;
(g) Regulate the course of the hearing and, if appropriate
or necessary, exclude persons or counsel from the hearing for contemptuous
conduct and strike all related testimony of witnesses refusing to
answer any proper question;
(h) Hold such prehearing
conferences as may be necessary to expedite proceedings and hold such
other conferences for the settlement or simplification of the issues
by consent of the parties or upon his own motion;
(i) Dispose of procedural requests, motions, or similar matters which
shall be made part of the record of the proceeding, including motions
referred to the hearing officer by thepanel, and motions to amend
pleadings, also to recommend dismissal of cases or portions thereof,
and to order hearings reopened or, upon motion, consolidated prior
to issuance of the hearing officer’s report and recommendations;
(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) Require the
parties, if necessary, to file written briefs in support of their
positions;
(l) Take any other action necessary
under the foregoing and authorized by the rules and regulations in
the subchapter.
In the event the hearing officer designated to conduct
the hearing becomes unavailable, the panel may designate another hearing
officer for the purpose of further hearing or issuance of a report
and recommendation on the record as made, or both.
