Minnesota Administrative Rules

5210.0080 POWERS OF PRESIDING OFFICER.

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.

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.

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.

Statutory Authority:

MS s 182.657

History:

17 SR 1279; 20 SR 2428

Published Electronically:

June 11, 2008