[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.204]

[Page 44]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 904--CIVIL PROCEDURES--Table of Contents
 
                Subpart C--Hearing and Appeal Procedures
 
Sec. 904.204  Duties and powers of Judge.

    The Judge has all powers and responsibilities necessary to preside 
over the parties and the proceeding, to hold prehearing conferences, to 
conduct the hearing, and to make the decision in accordance with these 
regulations and 5 U.S.C. 554 through 557, including, but not limited to, 
the authority and duty to do the following:
    (a) Rule on a request to participate as a party in the proceeding by 
allowing, denying, or limiting such participation (such ruling will 
consider views of the parties and be based on whether the requester 
could be directly and adversely affected by the decision and whether the 
requester can be expected to contribute materially to the disposition of 
the proceedings);
    (b) Schedule the time, place, and manner of conducting the pre-
hearing conference or hearing, continue the hearing from day to day, 
adjourn the hearing to a later date or a different place, and reopen the 
hearing at any time before issuance of the decision, all in the Judge's 
discretion, having due regard for the convenience and necessity of the 
parties and witnesses;
    (c) Schedule and regulate the course of the hearing and the conduct 
of the participants and the media, including the power to close the 
hearings in the interests of justice; seal the record from public 
scrutiny to protect privileged information, trade secrets, and 
confidential commercial or financial information; and strike testimony 
of a witness who refuses to answer a question ruled to be proper;
    (d) Administer oaths and affirmations to witnesses;
    (e) Rule on discovery requests, establish discovery schedules, and, 
whenever the ends of justice would thereby be served, take or cause 
depositions or interrogatories to be taken and issue protective orders 
under Sec. 904.240(d);
    (f) Rule on motions, procedural requests, and similar matters;
    (g) Receive, exclude, limit, and otherwise rule on offers of proof 
and evidence;
    (h) Examine and cross-examine witnesses and introduce into the 
record on the Judge's own initiative documentary or other evidence;
    (i) Rule on requests for appearance of witnesses or production of 
documents and take appropriate action upon failure of a party to effect 
the appearance or production of a witness or document ruled relevant and 
necessary to the proceeding; as authorized by law, issue subpoenas for 
the appearance of witnesses or production of documents;
    (j) Require a party or witness at any time during the proceeding to 
state his or her position concerning any issue or his or her theory in 
support of such position;
    (k) Take official notice of any matter not appearing in evidence 
that is among traditional matters of judicial notice; or of technical or 
scientific facts within the general or specialized knowledge of the 
Department of Commerce as an expert body; or of a non-privileged 
document required by law or regulation to be filed with or published by 
a duly constituted government body; or of any reasonably available 
public document; Provided, That the parties will be advised of the 
matter noticed and given reasonable opportunity to show the contrary;
    (l) For stated good reason(s), assess a penalty de novo without 
being bound by the amount assessed in the NOVA;
    (m) Prepare and submit a decision or other appropriate disposition 
document and certify the record;
    (n) Award attorney fees and expenses as provided by applicable 
statute or regulation; and
    (o) Grant preliminary or interim relief.

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