[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR672.3]



[Page 231-232]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.3  Powers and duties of the Director; Presiding Official; Office 

of Polar Programs.



    (a) Director. The Director of NSF shall exercise all powers and 

duties as prescribed or delegated under the Act and these rules.

    (b) The Director may delegate all or part of his authority. Partial 

delegation does not prevent the Presiding Officer from referring any 

motion or case to the Director.

    (c) Presiding Officer. The Director may designate one or more 

Presiding Officers to perform the functions described below. The 

Presiding Officers shall be attorneys who are permanent or temporary 

employees of the Foundation or some other Federal Agency and may perform 

other duties compatible with their authority as hearing officers. 

Administrative Law Judges may perform the functions of Presiding 

Officers. The Presiding Officer shall have performed no prosecutorial or 

investigatory functions in connection with any matter related to the 

hearing.

    (d) The Presiding Officer shall conduct a fair and impartial 

proceeding, assure that the facts are fully elicited, adjudicate all 

issues, and avoid delay. The Presiding Officer shall have authority to:

    (1) Conduct administrative hearings under these rules of practice;

    (2) Rule upon motions, requests, and offers of proof, dispose of 

procedural requests, and issue all necessary orders;

    (3) Administer oaths and affirmations and take affidavits;

    (4) Examine witnesses and receive documentary or other evidence;

    (5) For good cause, upon motion or sua sponte, order a party, or an 

officer or agent thereof, to produce testimony, documents, or other 

nonprivileged evidence, and failing the production thereof without good 

cause being shown, draw adverse inferences against that party;

    (6) Admit or exclude evidence;

    (7) Hear and decide questions of facts, law or discretion;

    (8) Require parties to attend conferences for the settlement or 

simplification of the issues, or the expedition of facts, law or 

discretion;

    (9) Issue subpoenas authorized by the Act; and

    (10) Take all actions necessary for the maintenance of order and for 

the efficient, fair and impartial adjudication of issues arising in 

proceedings governed by these rules.

    (e) Disqualification; Withdrawal. (1) The Presiding Officer may not 

participate in any matter in which he (i) has a financial interest or 

(ii) has any relationship with a party or with the subject matter which 

would make it inappropriate for him to act. Any party may at any time by 

motion made to the Director, or his delegatee, request that the 

Presiding Officer be disqualified from the proceeding.

    (2) If the Presiding Officer is disqualified or withdraws from the 

proceeding, the Director shall assign a qualified replacement who has 

none of the infirmities listed in paragraph (e)(1) of this section. The 

Director, should he withdraw or disqualify himself, shall assign the 

Deputy Director to be his replacement.

    (f) Office of Polar Programs. The Office of Polar Programs (OPP) 

manages and operates the national program in Antarctica, including 

administration of the Antarctic Conservation Act (ACA) permit system. 

OPP is responsible for investigating alleged violations of the 

``prohibited acts'' section of the ACA and alleged noncompliance with 

ACA permits. OPP will act as the official complainant in all proceedings 

under the ACA governed by these rules. OPP may delegate all or part of 

its investigatory duties to other appropriate NSF employees, other 

qualified federal employees, or consultants. OPP will prepare complaints 

with the assistance of designated prosecuting attorneys within NSF's 

Office of the General Counsel, other qualified federal attorneys, or 

other appropriate legal representative selected jointly by OPP and OGC. 

The designated prosecuting attorney will represent OPP in all 

proceedings governed by these rules.

    (g) The Office of Polar Programs, acting on behalf of the Director, 

may designate qualified individuals as enforcement officers empowered to 

execute all of the law enforcement functions set forth in section 10 of 

the ACA, 16 U.S.C. 2409, as well as any other appropriate actions 

ancillary to those statutory



[[Page 232]]



duties. OPP will provide each enforcement officer with official 

enforcement credentials for identification purposes and use during 

execution of official duties.



OPP may also designate knowledgeable individuals to provide educational 

and other information regarding the Antarctic to tour operators, their 

clients and employees, and other visitors to the Antarctic.

    (h) The Office of the General Counsel, with the concurrence of the 

Office of Polar Programs, may refer appropriate cases to the Department 

of Justice for possible prosecution of criminal violations of the 

Antarctic Conservation Act.



[54 FR 7132, Feb. 16, 1989. Redesignated at 58 FR 34718, June 29, 1993, 

and amended at 59 FR 37438, July 22, 1994; 61 FR 51022, Sept. 30, 1996; 

66 FR 42451, Aug. 13, 2001]