[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.54]

[Page 1043]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                  Subpart D_General Rules and Hearings
 
Sec. 386.54  Administrative law judge.

    (a) Appointment. After the matter is called for hearing, the 
Assistant Administrator shall appoint an administrative law judge.
    (b) Power and duties. The administrative law judge has power to take 
any action and to make all needful rules and regulations to govern the 
conduct of the proceedings to ensure a fair and impartial hearing, and 
to avoid delay in the disposition of the proceedings. The powers of the 
administrative law judge include the following:
    (1) To administer oaths and affirmations;
    (2) To issue orders permitting inspection and examination of lands, 
buildings, equipment, and any other physical thing and the copying of 
any document;
    (3) To issue subpoenas for the attendance of witnesses and the 
production of evidence as authorized by law;
    (4) To rule on offers of proof and receive evidence;
    (5) To regulate the course of the hearing and the conduct of 
participants in it;
    (6) To consider and rule upon all procedural and other motions, 
including motions to dismiss, except motions which, under this part, are 
made directly to the Assistant Administrator;
    (7) To hold conferences for settlement, simplification of issues, or 
any other proper purpose;
    (8) To make and file decisions; and
    (9) To take any other action authorized by these rules and permitted 
by law.

[50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988; 66 
FR 49872, Oct. 1, 2001]