# 17 CFR § 201.111: Hearing officer: Authority

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-17-201.111

## Section

- **Citation:** 17 CFR § 201.111
- **Heading:** Hearing officer: Authority
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 17—Commodity and Securities Exchanges > CHAPTER II—SECURITIES AND EXCHANGE COMMISSION > PART 201—RULES OF PRACTICE > Subpart D—Rules of Practice > General Rules

## Text

The hearing officer shall have the authority to do all things necessary and appropriate to discharge his or her duties. No provision of these Rules of Practice shall be construed to limit the powers of the hearing officer provided by the Administrative Procedure Act, 5 U.S.C. 556, 557. The powers of the hearing officer include, but are not limited to, the following:
(a) Administering oaths and affirmations;
(b) Issuing subpoenas authorized by law and revoking, quashing, or modifying any such subpoena;
(c) Receiving relevant evidence and ruling upon the admission of evidence and offers of proof;
(d) Regulating the course of a proceeding and the conduct of the parties and their counsel;
(e) Holding prehearing and other conferences as set forth in § 201.221 and requiring the attendance at any such conference of at least one representative of each party who has authority to negotiate concerning the resolution of issues in controversy;
(f) Recusing himself or herself upon motion made by a party or upon his or her own motion;
(g) Ordering, in his or her discretion, in a proceeding involving more than one respondent, that the interested division indicate, on the record, at least one day prior to the presentation of any evidence, each respondent against whom that evidence will be offered;
(h) Subject to any limitations set forth elsewhere in these Rules of Practice, considering and ruling upon all procedural and other motions, including a motion to correct a manifest error of fact in the initial decision. A motion to correct is properly filed under this Rule only if the basis for the motion is a patent misstatement of fact in the initial decision. Any motion to correct must be filed within ten days of the initial decision. A brief in opposition may be filed within five days of a motion to correct. The hearing officer shall have 20 days from the date of filing of any brief in opposition filed to rule on a motion to correct;
(i) Preparing an initial decision as provided in § 201.360;
(j) Upon notice to all parties, reopening any hearing prior to the filing of an initial decision therein, or, if no initial decision is to be filed, prior to the time fixed for the filing of final briefs with the Commission; and
(k) Informing the parties as to the availability of one or more alternative means of dispute resolution, and encouraging the use of such methods.
[60 FR 32796, June 23, 1995, as amended at 69 FR 13176, Mar. 19, 2004; 70 FR 72569, Dec. 5, 2005]

## Nearby sections

- [17 CFR § 201.100 § 201.100 Scope of the rules of practice.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.100.md)
- [17 CFR § 201.101 § 201.101 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.101.md)
- [17 CFR § 201.102 § 201.102 Appearance and practice before the Commission.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.102.md)
- [17 CFR § 201.103 § 201.103 Construction of rules.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.103.md)
- [17 CFR § 201.104 § 201.104 Business hours.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.104.md)
- [17 CFR § 201.110 § 201.110 Presiding officer.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.110.md)
- [17 CFR § 201.111 § 201.111 Hearing officer: Authority.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.111.md)
- [17 CFR § 201.112 § 201.112 Hearing officer: Disqualification and withdrawal.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.112.md)
- [17 CFR § 201.120 § 201.120 Ex parte communications.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.120.md)
- [17 CFR § 201.121 § 201.121 Separation of functions.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.121.md)
- [17 CFR § 201.140 § 201.140 Commission orders and decisions: Signature and availability.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.140.md)
- [17 CFR § 201.141 § 201.141 Orders and decisions: Service of orders instituting proceedings and other orders and decisions.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.141.md)
- [17 CFR § 201.150 § 201.150 Service of papers by parties.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.150.md)
- [17 CFR § 201.151 § 201.151 Filing of papers with the Commission: Procedure.](https://www.frixlaw.com/law-library/statutes/ecfr-17-201.151.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-17-201.111. Check the current official text before relying on it. Not legal advice.
