§ 5.403. Control of receipt of evidence.

 (a)  The presiding officer shall have all necessary authority to control the receipt of evidence, including the following:

   (1)  Ruling on the admissibility of evidence.

   (2)  Confining the evidence to the issues in the proceeding and impose, where appropriate:

     (i)   Limitations on the number of witnesses to be heard.

     (ii)   Limitations of time and scope for direct and crossexaminations.

     (iii)   Limitations on the production of further evidence.

     (iv)   Other necessary limitations.

 (b)  The presiding officer will actively employ these powers to direct and focus the proceedings consistent with due process.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code § §  35.127, 35.162 and 35.163 (relating to limiting number of witnesses; reception and ruling on evidence; and designation of relevant portions of documentary evidence).

Source

   The provisions of this §  5.403 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.

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