[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 14CFR302.17]



[Page 284]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 302_RULES OF PRACTICE IN PROCEEDINGS--Table of Contents

 

                Subpart A_Rules of General Applicability

 

Sec. 302.17  Administrative law judges.



    (a) Powers and delegation of authority. (1) An administrative law 

judge shall have the following powers, in addition to any others 

specified in this part:

    (i) To give notice concerning and to hold hearings;

    (ii) To administer oaths and affirmations;

    (iii) To examine witnesses;

    (iv) To issue subpoenas and to take or cause depositions to be 

taken;

    (v) To rule upon offers of proof and to receive relevant evidence;

    (vi) To regulate the course and conduct of the hearing;

    (vii) To hold conferences before or during the hearing for the 

settlement or simplification of issues;

    (viii) To rule on motions and to dispose of procedural requests or 

similar matters;

    (ix) To make initial or recommended decisions as provided in Sec. 

302.31;

    (x) To take any other action authorized by this part or by the 

Statute.

    (2) The administrative law judge shall have the power to take any 

other action authorized by part 385 of this chapter or by the 

Administrative Procedure Act.

    (3) The administrative law judge assigned to a particular case is 

delegated the DOT decisionmaker's function of making the agency decision 

on the substantive and procedural issues remaining for disposition at 

the close of the hearing in such case, except that this delegation does 

not apply in cases where the record is certified to the DOT 

decisionmaker, with or without an initial or recommended decision by the 

administrative law judge, or in cases requiring Presidential approval 

under section 41307 of the Statute. This delegation does not apply to 

the review of rulings by the administrative law judge on interlocutory 

matters that have been appealed to the DOT decisionmaker in accordance 

with the requirements of Sec. 302.11.

    (4) The administrative law judge's authority in each case will 

terminate either upon the certification of the record in the proceeding 

to the DOT decisionmaker, or upon the issuance of an initial or 

recommended decision, or when he or she shall have withdrawn from the 

case upon considering himself or herself disqualified.

    (b) Disqualification. An administrative law judge shall withdraw 

from the case if at any time he or she deems himself or herself 

disqualified. If, prior to the initial or recommended decision in the 

case, there is filed with the administrative law judge, in good faith, 

an affidavit of personal bias or disqualification with substantiating 

facts and the administrative law judge does not withdraw, the DOT 

decisionmaker shall determine the matter, if properly presented by 

exception or brief, as a part of the record and decision in the case. 

The DOT decisionmaker shall not otherwise consider any claim of bias or 

disqualification. The DOT decisionmaker, in his or her discretion, may 

order a hearing on a charge of bias or disqualification.