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RULE
3
POWERS
OF HEARING
OFFICERS
Section 1. Powers of Hearing Officers.
(a) A Hearing
Officer conducting
the hearing and investigations shall be empowered to administer oaths
and
affirmations, issue subpoena and subpoena duces tecum to
compel attendance of parties and witnesses and the production of any
book,
paper, document, correspondence and other records which are material to
the case, to grant provisional remedies in accordance with these
Regulations
and the Rules of Court and to make preliminary rulings on questions
raised
at the hearings, with the ultimate decision on the merits of all the
issues
involved being left to the Director.
(b) Furthermore,
a Hearing Officer as alter ego of the Director, shall have the
power
to cite a party or counsel or any person in contempt in
accordance
with these Regulations.
(c) The Hearing Officer
shall likewise have the power to pass upon and approve bonds and
counterbonds
that may be posted by the parties: Provided, That the bond or
counterbonds
are issued by a bonding company duly approved by the Director.
Section
2. Service of subpoena. Service of Subpoena shall
be
made at
least three (3) calendar days before the scheduled hearing so as to
allow
the witness reasonable time for preparation and travel to the place of
attendance.
Section 3. Quashing
a subpoena duces tecum. The Hearing Officer, upon motion made
before the time specified in a subpoena duces tecum for compliance
therewith,
may quash the subpoena if it is unreasonable or the relevance of the
books,
documents do not appear, or if the person in whose behalf the subpoena
is issued fails to advance the reasonable cost of the production
thereof.
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