40 CFR 209.18 - Administrative law judge.
(a) General. The administrative law judge shall conduct a fair and impartial hearing in accordance with 5 U.S.C. 554, and shall take all necessary action to avoid delay and maintain order. He or she shall have all power consistent with Agency rule and with the Administrative Procedure Act, 5 U.S.C. 551 et seq., necessary to this end, including the following:
(5) To consider and rule upon all appropriate procedural and other motions, and to issue all necessary orders;
(6) To require the submission of testimony in written form whenever in the opinion of the administrative law judge oral testimony is not necessary for full and true disclosure of the facts.
(8) To require any party or any witness, during the course of the hearing, to state his or her position on any relevant issue;
(9) To take depositions or cause depositions to be taken in accordance with § 209.22.
(b) Assignment of administrative law judge. When an answer which contains a written demand for a hearing is filed, the administrator shall refer the proceeding to the chief administrative law judge, who shall conduct the proceeding, or assign another administrative law judge to conduct the proceeding.
(Sec. 16, Noise Control Act (42 U.S.C. 4915))
Title 40 published on 2014-07-01
no entries appear in the Federal Register after this date.