13 CFR 134.218 - Judges.

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§ 134.218 Judges.

(a)Assignment. The AA/OHA will assign all cases subject to the Administrative Procedure Act, 5 U.S.C. 551et seq., to an Administrative Law Judge. The AA/OHA will assign all other cases before OHA to either an Administrative Law Judge or an Administrative Judge, or, if the AA/OHA is a duly licensed attorney, to himself or herself.

(b)Authority. Except as otherwise limited by this part, or by statute or other regulation, a Judge has the authority to take all appropriate action to ensure the efficient, prompt, and fair determination of a case, including, but not limited to, the authority to administer oaths and affirmations and to subpoena and examine witnesses.

(c)Recusal. Upon the motion of a party, or upon the Judge's own initiative, a Judge will promptly recuse himself or herself from further participation in a case whenever disqualification is appropriate due to conflict of interest, bias, or some other significant reason. A denial of a motion for recusal may be appealed within 5 days to the AA/OHA, or to the Administrative Law Judge if the AA/OHA is the Judge, but that appeal will not stay proceedings in the case.

[ 61 FR 2683, Jan. 29, 1996, as amended at 75 FR 47441, Aug. 6, 2010]

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United States Code
Presidential Documents

Executive Order ... 12549

Title 13 published on 2015-10-16

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 13 CFR Part 134 after this date.

  • 2016-10-07; vol. 81 # 195 - Friday, October 7, 2016
    1. 81 FR 69723 - Rules of Procedure Governing Cases Before the Office of Hearings and Appeals
      GPO FDSys XML | Text
      SMALL BUSINESS ADMINISTRATION
      Proposed rule.
      Comments must be received on or before December 6, 2016.
      13 CFR Parts 121 and 134
The section you are viewing is cited by the following CFR sections.

Title 13 published on 2015-10-16.

The following are only the Rules published in the Federal Register after the published date of Title 13.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-07-25; vol. 81 # 142 - Monday, July 25, 2016
    1. 81 FR 48558 - Small Business Mentor Protégé Programs
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      SMALL BUSINESS ADMINISTRATION, 125, 13 CFR Parts 121, 124, 126, 127, and 134
      Final rule.
      This rule is effective August 24, 2016.
      13 CFR Part 121