One or more hearing examiners appointed under section 3105. Subject to published rules of the agency and within its power, employees presiding at hearings may - Administer oaths and affirmations; Issue subpoenas authorized by law; Rule on offers of proof and receive relevant evidence; Take depositions or have depositions taken when the ends of justice would be served; Regulate the course of the hearing; Hold conferences for the settlement or simplification of the issues by consent of the parties; Dispose of procedural requests or similar matters; Make or recommend decisions in accordance with section 557 of the title; Create a transcript of the testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for the decision in accordance with § 557 of the title. Upon payment of lawfully prescribed costs, the transcript shall be made available to the parties involved. When the agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled on timely request to an opportunity to show contrary. In the years following the enactment of the Administrative Act, hearing officers have had their titles and positions changed to Administrative Law Judge. This was done by Civil Service Commission and not by an act of Congress. This change is arguably important to lend credence to the authority to issue subpoenas for administrative procedures. From the Federal Administrative Procedure Act, 5 U.S.C. § 555 (b): "A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is entitled to appear in person or by, or with counsel in an agency hearing." In Madera v. Board of Education, 1967, the United States Supreme Court ruled that administrative hearings which complied with the requirements of due process must allow counsel. In Powell v. Alabama, 1938, the Supreme Court ruled that in criminal proceedings, the accused must be provided counsel at public expense, if the defendant cannot afford one. It is not required that representation in administrative hearings be paid for by public funds. Some hearings require that counsel cannot participate, as in arguing the case, but may only advise the client. When the APA applies, the agency due process hearing must be presided over by the agency head