Title 46, Chapter 2, Section 58
( 46-2-58)
(a) The commission shall employ one or more hearing officers to
perform the duties set forth in this Code section. Hearing officers
shall be persons qualified by knowledge and experience to conduct
hearings on utility and transportation matters. In addition, the
commission may employ part-time hearing officers, if necessary, to
handle the caseload. (b) In all utility proceedings commenced after July 1, 1981, any
hearing may be conducted by a hearing officer, who shall have
authority to: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas for discovery or trial; (3) Rule upon offers of proof; (4) Regulate the course of the hearing, setting the time and place
for continued hearings; (5) Permit persons to make limited appearances as provided in Code Section 46-2-59; (6) Take official notice of judicially recognizable facts; (7) Reprimand or exclude from the hearing any person for any
indecorous or improper conduct committed at or during a hearing; (8) Exercise such other powers necessary for the efficient and
expeditious conduct of the hearing, to the end that a complete and
orderly record may be developed; and (9) Make written findings of fact based upon evidence in the
record. (c) The hearing officer or commission shall permit only the
Commissioners, the hearing officer, the parties, or the attorneys of
record of the Commissioners, hearing officers, or parties to examine
or cross-examine witnesses, except with the consent of the witness. (d) Within 30 days after the conclusion of a hearing, the hearing
officer shall prepare and certify a record of the evidence to the
commission. The hearing officer shall also transmit to the
commission proposed written findings of fact based upon evidence in
the record. A copy of the record and findings of fact shall be
provided all parties of record by the hearing officer. The hearing
officer may render an initial or recommended decision in uncontested
cases, if directed to do so by the commission. Any such recommended
decision shall also be served upon the parties of record, who shall
be provided an opportunity to file with the commission its
objections or comments. |