[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.18]

[Page 161-162]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 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:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and receive relevant evidence;
    (3) To regulate the course of the hearings and the conduct of the 
parties and their counsel;
    (4) To hold conferences for simplification of the issues or any 
other proper purpose;
    (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.
    (7) To require the filing of briefs on any matter on which he or she 
is required to rule;
    (8) To require any party or any witness, during the course of the 
hearing,

[[Page 162]]

to state his or her position on any relevant issue;
    (9) To take depositions or cause depositions to be taken in 
accordance with Sec. 209.22.
    (10) To render judgments upon issues of law during the course of the 
hearing.
    (11) To issue subpenas authorized by law.
    (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))