[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR44.22]

[Page 190-191]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
                           Subpart C--Hearings
 
Sec. 44.22  Administrative law judges; powers and duties.

    (a) Powers. An administrative law judge designated to preside over a 
hearing shall have all powers necessary or appropriate to conduct a 
fair, full, and impartial hearing, including the following:
    (1) To administer oaths and affirmations;
    (2) To issue subpoenas on his own motion or upon written application 
of a party;
    (3) To rule upon offers of proof and receive relevant evidence;
    (4) To take depositions or have depositions taken when the ends of 
justice would be served;
    (5) To provide for discovery and determine its scope;
    (6) To regulate the course of the hearing and the conduct of parties 
and their counsel;
    (7) To consider and rule upon procedural requests;

[[Page 191]]

    (8) To hold conferences for settlement or simplification of issues 
by consent of the parties;
    (9) To make decisions in accordance with the Act, this part, and 
section 557 of title 5 of the United States Code; and
    (10) To take any other appropriate action authorized by this part, 
section 556 of title 5 of the United States Code, or the Act.
    (b) Disqualification. (1) When an administrative law judge deems 
himself disqualified to preside over a particular hearing, he shall 
withdraw therefrom by notice on the record directed to the Chief 
Administrative Law Judge.
    (2) Any party who deems an administrative law judge for any reason 
to be disqualified to preside or continue to preside over a particular 
hearing, may file with the Chief Administrative Law Judge of the 
Department of Labor a motion to be supported by affidavits setting forth 
the alleged grounds for disqualification. The Chief Administrative Law 
Judge shall rule upon the motion.
    (c) Contumacious conduct; failure or refusal to appear or obey 
rulings of a presiding administrative law judge. (1) Contumacious 
conduct at any hearing before the administrative law judge shall be 
grounds for exclusion from the hearing.
    (2) If a witness or party refuses to answer a question after being 
directed to do so or refuses to obey an order to provide or permit 
discovery, the administrative law judge may make such orders with regard 
to the refusal as are just and appropriate, including an order denying 
the application of a petitioner or regulating the contents of the record 
of the hearing.
    (d) Referral to Federal Rules of Civil Procedure and Evidence. On 
any procedural question not regulated by this part, the act, or the 
Administrative Procedure Act, an administrative law judge shall be 
guided to the extent practicable by any pertinent provisions of the 
Federal Rules of Civil Procedure or Federal Rules of Evidence, as 
appropriate.
    (e) Remand. The presiding administrative law judge shall be 
authorized to remand the petition for modification proceeding to the 
appropriate Administrator based upon new evidence which was not 
available to the Administrator and which may have materially affected 
the Administrator's proposed decision and order. Remand may be upon the 
judge's own motion or the motion of any party, and shall be granted in 
the discretion of the presiding administrative law judge.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]