[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR57.806]

[Page 157]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 57--PRIMARY NONFERROUS SMELTER ORDERS--Table of Contents
 
Subpart H--Waiver of Interim Requirement for Use of Continuous Emission 
                          Reduction Technology
 
Sec. 57.806  Presiding Officer.

    (a) Assignment of Presiding Officer. (1) The Administrator shall, as 
soon as practicable after the granting of a request for hearing under 
Sec. 57.803, request that the Chief Administrative Law Judge assign an 
Administrative Law Judge as Presiding Officer. The Chief Administrative 
Law Judge shall thereupon make the assignment.
    (2) If the parties to the hearing waive their right to have the 
Agency or an Administrative Law Judge preside at the hearing, the 
Administrator shall appoint an EPA employee who is an attorney to serve 
as presiding officer.
    (b) Powers and duties of Presiding Officer. It shall be the duty of 
the Presiding Officer to conduct a fair and impartial hearing, assure 
that the facts are fully elicited, and avoid delay. The Presiding 
Officer shall have authority to:
    (1) Chair and conduct administrative hearings held under this 
subpart;
    (2) Administer oaths and affirmations;
    (3) Receive relevant evidence: Provided, that the administrative 
record, as defined in Sec. 57.814, shall be received in evidence;
    (4) Consider and rule upon motions, dispose of procedural requests, 
and issue all necessary orders;
    (5) Hold conferences for the settlement or simplification of the 
issues or the expediting of the proceedings; and
    (6) Do all other acts and take all measures necessary for the 
maintenance of order and for the efficient, fair and impartial conduct 
of proceedings under this subpart.

[50 FR 6448, Feb. 15, 1985, as amended at 57 FR 5328, Feb. 13, 1992]