46-2-58. Conducting of hearings by hearing officers.

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.#

In all utility proceedings commenced after July 1, 1981, any hearing may be conducted by a hearing officer, who shall have authority to:#

1. (1)

   Administer oaths and affirmations;#

2. (2)

   Sign and issue subpoenas for discovery or trial;#

3. (3)

   Rule upon offers of proof;#

4. (4)

   Regulate the course of the hearing, setting the time and place for continued hearings;#

5. (5)

   Permit persons to make limited appearances as provided in Code Section 46-2-59;#

6. (6)

   Take official notice of judicially recognizable facts;#

7. (7)

   Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed at or during a hearing;#

8. (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. (9)

   Make written findings of fact based upon evidence in the record.#

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.#

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.#