[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.42]

[Page 87-88]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                           Subpart E--Hearings
 
Sec.  1025.42  Powers and duties of Presiding Officer.

    (a) General. A Presiding Officer shall have the duty to conduct 
full, fair, and impartial hearings, to take appropriate action to avoid 
unnecessary delay in the disposition of proceedings, and to maintain 
order. He/she shall have all powers necessary to that end, including the 
following powers:
    (1) To administer oaths and affirmations;
    (2) To compel discovery and to impose appropriate sanctions for 
failure to make discovery;
    (3) To rule upon offers of proof and receive relevant, competent, 
and probative evidence;
    (4) To regulate the course of the proceedings and the conduct of the 
parties and their representatives;
    (5) To hold conferences for simplification of the issues, settlement 
of the proceedings, or any other proper purposes;
    (6) To consider and rule, orally or in writing, upon all procedural 
and other motions appropriate in adjudicative proceedings;
    (7) To issue Summary Decisions, Initial Decisions, Recommended 
Decisions, rulings, and orders, as appropriate;
    (8) To certify questions to the Commission for its determination; 
and
    (9) To take any action authorized by these Rules or the provisions 
of title 5, United States Code, sections 551-559.
    (b) Exclusion of parties by Presiding Officer. A Presiding Officer 
shall have the authority, for good cause stated on the record, to 
exclude from participation in any proceedings any party, participant, or 
representative who violates the requirements of Sec.  1025.66 of these 
rules. Any party, participant or representative so excluded may appeal 
to the Commission in accordance with the provisions of Sec.  1025.24 of 
these rules. If the representative of a party or participant is 
excluded, the hearing may be

[[Page 88]]

suspended for a reasonable time so that the party or participant may 
obtain another representative.
    (c) Substitution of Presiding Officer. In the event of the 
substitution of a new Presiding Officer for the one originally 
designated, any motion predicated upon such substitution shall be made 
within five (5) days.
    (d) Interference. In the performance of adjudicative functions, a 
Presiding Officer shall not be responsible to or subject to the 
supervision or direction of any Commissioner or of any officer, 
employee, or agent engaged in the performance of investigative or 
prosecuting functions for the Commission. All directions by the 
Commission to a Presiding Officer concerning any adjudicative 
proceedings shall appear on and be made a part of the record.
    (e) Disqualification of Presiding Officer. (1) When a Presiding 
Officer considers himself/herself disqualified to preside in any 
adjudicative proceedings, he/she shall withdraw by notice on the record 
and shall notify the Chief Administrative Law Judge and the Secretary of 
such withdrawal.
    (2) Whenever, for good and reasonable cause, any party considers the 
Presiding Officer to be disqualified to preside, or to continue to 
preside, in any adjudicative proceedings, that party may file with the 
Secretary a motion to disqualify and remove, supported by affidavit(s) 
setting forth the alleged grounds for disqualification. A copy of the 
motion and supporting affidavit(s) shall be served by the Secretary on 
the Presiding Officer whose removal is sought. The Presiding Officer 
shall have ten (10) days to respond in writing to such motion. However, 
the motion shall not stay the proceedings unless otherwise ordered by 
the Presiding Officer or the Commission. If the Presiding Officer does 
not disqualify himself/herself, the Commission shall determine the 
validity of the grounds alleged, either directly or on the report of 
another Presiding Officer appointed to conduct a hearing for that 
purpose and, in the event of disqualification, shall take appropriate 
action by assigning another Presiding Officer or requesting loan of 
another Administrative Law Judge through the U.S. Office of Personnel 
Management.