[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR179.117]

[Page 296-297]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                    Subpart F--Decisions and Appeals
 
Sec. 179.117  Designation and powers of judicial officer.

    (a) One or more judicial officers may be designated by the 
Administrator. A judicial officer shall be an attorney who is a 
permanent or temporary employee of the Agency or of another Federal 
agency. A judicial officer may perform other duties. A judicial officer 
who performs any duty under this part may not be employed by OPPTS, by 
the Pesticides and Toxic Substances

[[Page 297]]

Division of the Office of General Counsel, or by any other person who is 
a representative of OPPTS in the hearing. A person may not be designated 
as a judicial officer in a hearing if he or she performed any 
prosecutorial or investigative functions in connection with that hearing 
or any other factually related hearing.
    (b) The Administrator may delegate to the judicial officer all or 
part of the Administrator's authority to act in a given proceeding under 
this part. Such a delegation does not prevent the judicial officer from 
referring any motion or case to the Administrator when appropriate.

[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992]