§ 386.54 Administrative Law Judge.

Link to an amendment published at 70 FR 28485, May 18, 2005.
(a) Appointment.Powers Afterof the matter is called for hearing, the Assistant Administrator shall appoint an administrativeAdministrative lawLaw judgeJudge.
(b) Power and duties. The administrativeAdministrative lawLaw judgeJudge hasmay power to take any action and tomay makeprescribe all needfulnecessary rules and regulations to govern the conduct of the proceedings to ensure a fair and impartial hearing, and to avoid delay in the disposition of the proceedings. TheIn powersaccordance ofwith the administrativerules lawin judgethis includesubchapter, thean following:
(1)Administrative ToLaw administerJudge oathsmay anddo affirmations;the following:
(21) ToGive issuenotice ordersof permitting inspection and examinationhold ofprehearing lands,conferences buildings, equipment, and anyhearings.
(2) otherAdminister physicaloaths thing and the copying of any document;affirmations.
(3) ToIssue issue subpoenas for the attendance of witnesses and the production of evidence as authorized by law;.
(4) ToRule rule on offers of proof.
(5) Receive relevant and receivematerial evidence;.
(56) ToRegulate regulate the course of the hearingadministrative andadjudication in accordance with the conductrules of participantsthis insubchapter it;and the Administrative Procedure Act.
(67) ToHold considerconferences andto rulesettle uponor allsimplify proceduralthe andissues otherby motions,consent includingof the parties.
(8) Dispose of procedural motions toand dismissrequests, except motions which,that under this part, are made directly to the Assistant Administrator;.
(79) ToIssue holdorders conferencespermitting forinspection settlement,and simplificationexamination of issueslands, orbuildings, equipment, and any other properphysical purpose;thing and the copying of any document.
(810) ToMake makefindings of fact and fileconclusions decisions;of law, and issue decisions.
(911) To take any other action authorized by these rules and permitted by law.
[50(b) FRLimitations 40306,on Octthe power of the Administrative Law Judge. 2,The 1985,Administrative asLaw amendedJudge atis 53bound FRby 2036,the Jan.procedural 26,requirements 1988;of 66this FRpart 49872,and Octthe precedent opinions of the Agency. 1,This 2001]
Effectivesection Datedoes Note:
Atnot 70preclude FRan 28485,Administrative MayLaw 18,Judge 2005,from §barring 386a person from a specific proceeding based on a finding of obstreperous or disruptive behavior in that proceeding.54
(c) wasDisqualification. revised,The effectiveAdministrative NovemberLaw 14Judge may disqualify himself or herself at any time, 2005either at the request of any party or upon his or her own initiative. ForAssignments of Administrative Law Judges are made by the convenienceChief Administrative Law Judge upon the request of the userAssistant Administrator. Any request for a change in such assignment, theincluding reviseddisqualification, textwill isbe setconsidered forthonly asfor follows:good cause which would unduly prejudice the proceeding.
[70 FR 28485, May 18, 2005]