The officer presiding at a hearing shall have all the powers necessary or appropriate to conduct a fair and full hearing, including the powers:
(a) To regulate the course of the proceedings;
(b) To dispose of procedural requests, objections, and comparable matters;
(c) To confine the presentations to the issues specified in the notice of hearing, or, where no issues are specified, to matters pertinent to the proposed rule;
(d) To regulate the conduct of those present at the hearing by appropriate means;
(e) In his discretion, to permit cross- examination of any witness;
(f) To take official notice of material facts not appearing in the evidence in the record, so long as parties are entitled, on timely request, to an opportunity to show the contrary; and
(g) In his discretion, to keep the record open for a reasonable, stated time to receive written recommendations, and supporting reasons, and additional data, views, and arguments from any person who has participated in the oral proceeding.
authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (
29 U.S.C. 653,
655,
657; secs. 1, 4, Walsh-Healey Public Contracts Act (
41 U.S.C. 35,
38; secs. 2, 4, Service Contracts Act of 1965 (
41 U.S.C. 351,
353; sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (
40 U.S.C. 333); sec. 41, Longshoremen's and Harbor Workers' Compensation Act (
33 U.S.C. 941); sec. 5(j)(2), National Foundation on Arts and Humanities Act (
20 U.S.C. 954(j)(2));
5 U.S.C. 553; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as applicable. Sections 1911.12 and 1911.18 also issued under
29 CFR part 1911
source: 36 FR 17507, Sept. 1, 1971, unless otherwise noted.
cite as: 29 CFR 1911.16