(b) The ALJ.
(1) The ALJ has power to:
(i) rule upon all motions and requests,
including those that decide the ultimate merits of the case;
(ii) set the time and place of the hearing,
recesses and adjournments;
(iii)
administer oaths and affirmations;
(iv) issue subpoenas upon request of a party
not represented by counsel admitted to practice in New York State;
(v) upon the request of a party, quash and
modify subpoenas except that in the case of a non-party witness the ALJ may
quash or modify a subpoena regardless of whether or not a party has so
requested;
(vi) summon and examine
witnesses;
(vii) establish rules
for and direct disclosure at the request of any party or upon the ALJ's own
motion pursuant to the procedures set out in section
624.7 of this
Part;
(viii) admit or exclude
evidence including the exclusion of evidence on grounds of privilege or
confidentiality;
(ix) hear and
determine arguments on fact or law, except that a purely legal issue involving
no factual dispute and which is a matter of first impression or is precedential
in nature may be referred to the General Counsel for a determination in
accordance with Part 619 of this Title (declaratory ruling) upon motion by any
party or upon the ALJ's own initiative;
(x) preclude irrelevant or unduly
repetitious, tangential or speculative testimony or argument;
(xi) direct the consolidation of parties with
similar viewpoints and input;
(xii)
limit the number of witnesses;
(xiii) utilize a panel of witnesses for
purposes of direct testimony or cross-examination;
(xiv) allow oral argument, so long as it is
recorded;
(xv) take any measures
necessary for maintaining order and the efficient conduct of the
hearing;
(xvi) take any measures
necessary to ensure compliance with SEQRA and UPA not inconsistent with section
624.4
of this Part;
(xvii) in the case of
water supply rate disputes, issue directives modifying any incompatible
provisions of this Part, consistent with the spirit and intent of these
regulations;
(xviii) issue orders
limiting the length of cross-examination, size of briefs and similar
matters;
(xix) order a site visit,
on notice to all parties;
(xx)
exercise any other authority available to ALJs under this Part or to presiding
officers under article 3 of the SAPA.
(2) Impartiality of the ALJ and motions for
recusal.
(i) The ALJ will conduct the hearing
in a fair and impartial manner.
(ii) An ALJ must not be assigned to any
proceeding in which the ALJ has a personal interest.
(iii) Any party may file with the ALJ a
motion in conformance with section
624.6
of this Part, together with supporting affidavits, requesting that the ALJ be
recused on the basis of personal bias or other good cause. Such motions will be
determined as part of the record of the hearing.
(iv) Upon being notified that an ALJ declines
or fails to serve, or in the case of the ALJ's death, illness, resignation,
removal or recusal, the Chief ALJ must designate a successor.
(3) The designation of an ALJ as
the commissioner's representative must be in writing and filed in the Office of
Hearings and Mediation Services.