40 CFR 179.70 - Authority of presiding officer.
The presiding officer shall conduct the hearing in a fair and impartial manner subject to the precepts of the Administrative Procedure Act. The presiding officer has all powers necessary to conduct a fair, expeditious, and orderly hearing, including the power to:
(a) Specify and change the date, time, and place for conferences, and issue and modify a schedule for the hearing.
(b) Establish an orderly manner for developing evidentiary facts at preliminary conferences under § 179.87, for making rulings on oral testimony and cross-examination under § 179.93, and for making other similar evidentiary rulings in accord with these regulations.
(d) Hold conferences to settle, simplify, or determine the issues in a hearing or to consider other matters that may expedite the hearing.
(l) Conduct the hearing in stages if the number of parties is large or the issues are numerous and complex.
(m) Strike the participation of any person under § l79.42(f), or exclude any person from the hearing under § l79.50, or take other reasonable disciplinary action.
Title 40 published on 2014-07-01
no entries appear in the Federal Register after this date.