[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR164.40]



[Page 172]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 

                           Expedited Hearings)

 

Sec. 164.40  Qualifications and duties of Administrative Law Judge.



    (a) Qualifications. The Administrative Law Judge shall have the 

qualifications required by statute. He shall not decide any matter in 

connection with a proceeding where he has a financial interest in any of 

the parties or a relationship with a party that would make it otherwise 

inappropriate for him to act.

    (b) Disqualification of the Administrative Law Judge. (1) Any party 

may, by motion made to the Administrative Law Judge, as soon as 

practicable, request that he disqualify himself and withdraw from the 

proceeding. The Administrative Law Judge shall then rule upon the motion 

and, upon request of the movant, shall certify an adverse ruling for 

appeal.

    (2) Withdrawal sua sponte. The Administrative Law Judge may at any 

time withdraw from any proceedings in which he deems himself 

disqualified for any reason.

    (c) Conduct. The Administrative Law Judge shall conduct the 

proceeding in a fair and impartial manner subject to the precepts of the 

Canons of Judicial Ethics of the American Bar Association.

    (d) Power. Subject to review, as provided elsewhere in this part, 

the Administrative Law Judge shall have power to take actions and 

decisions in conformity with statute or in the interests of justice. The 

Administrative Law Judge shall not interrupt the recording of the 

proceedings on the record over the objection of any party.

    (e) Absence or change of the Administrative Law Judge. In the case 

of the absence or unavailability of the Administrative Law Judge, or his 

inability to act, or his removal by disqualification or withdrawal, the 

powers and duties to be performed by him under this part in connection 

with a hearing assigned to him may, unless otherwise directed by the 

Administrator, be assigned to another Administrative Law Judge so 

designated to act by the Chief Administrative Law Judge, the 

Administrator or the Environmental Appeals Board.



[38 FR 19371, July 20, 1973, as amended at 38 FR 34117, Dec. 11, 1973; 

57 FR 5342, Feb. 13, 1992]



                   Prehearing Procedures and Discovery