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This entry was published on 2014-09-22
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SECTION 304
Powers of presiding officers
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 3
§ 304. Powers of presiding officers. Except as otherwise provided by
statute, presiding officers are authorized to:

1. Administer oaths and affirmations.

2. Sign and issue subpoenas in the name of the agency, at the request
of any party, requiring attendance and giving of testimony by witnesses
and the production of books, papers, documents and other evidence and
said subpoenas shall be regulated by the civil practice law and rules.
Nothing herein contained shall affect the authority of an attorney for a
party to issue such subpoenas under the provisions of the civil practice
law and rules.

3. Provide for the taking of testimony by deposition.

4. Regulate the course of the hearings, set the time and place for
continued hearings, and fix the time for filing of briefs and other
documents.

5. Direct the parties to appear and confer to consider the
simplification of the issues by consent of the parties.

6. Recommend to the agency that a stay be granted in accordance with
section three hundred four, three hundred six or three hundred seven of
the military law.