{"data":{"id":"us/45-cfr-99.21","jurisdiction":"us","citation":"45 CFR 99.21","heading":"Authority of presiding officer.","body":"(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:\n(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;\n(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;\n(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;\n(4) Administer oaths and affirmations;\n(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;\n(6) Regulate the course of the hearing and conduct of counsel therein;\n(7) Examine witnesses;\n(8) Receive, rule on, exclude or limit evidence or discovery;\n(9) Fix the time for filing motions, petitions, briefs, or other items in matters pending;\n(10) If the presiding officer is the Assistant Secretary, make a final decision;\n(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\n(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.\n(b) The presiding officer does not have authority to compel by subpoena the production of witnesses, papers, or other evidence.","path":["Title 45—Public Welfare","SUBTITLE A—Department of Health and Human Services","SUBCHAPTER A—GENERAL ADMINISTRATION","PART 99—PROCEDURE FOR HEARINGS FOR THE CHILD CARE AND DEVELOPMENT FUND","Subpart C—Hearing Procedures"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-45.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:21Z","sha256":"4bb58b1d5e110335c2d6419455477ae96e904bf1ce382bf73bdd52cc343f9948","source_id":"us-cfr","stale":true,"prev":"us/45-cfr-99.15","next":"us/45-cfr-99.22"},"notice":"GroundRules: Original legal text. Not legal advice."}