[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR904.204]



[Page 46-47]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 904_CIVIL PROCEDURES--Table of Contents

 

                 Subpart C_Hearing and Appeal Procedures

 

Sec. 904.204  Duties and powers of Judge.



    The Judge has all powers and responsibilities necessary to preside 

over the parties and the proceeding, to hold prehearing conferences, to 

conduct the hearing, and to make the decision in accordance with these 

regulations and 5 U.S.C. 554 through 557, including, but not limited to, 

the authority and duty to do the following:

    (a) Rule on a request to participate as a party in the proceeding by 

allowing, denying, or limiting such participation (such ruling will 

consider views of the parties and be based on whether the requester 

could be directly and adversely affected by the decision and whether the 

requester can be expected to contribute materially to the disposition of 

the proceedings);

    (b) Schedule the time, place, and manner of conducting the pre-

hearing conference or hearing, continue the hearing from day to day, 

adjourn the hearing to a later date or a different place, and reopen the 

hearing at any time before issuance of the decision, all in the Judge's 

discretion, having due regard for the convenience and necessity of the 

parties and witnesses;

    (c) Schedule and regulate the course of the hearing and the conduct 

of the participants and the media, including the power to close the 

hearings in the interests of justice; seal the record from public 

scrutiny to protect privileged information, trade secrets, and 

confidential commercial or financial information; and strike testimony 

of a witness who refuses to answer a question ruled to be proper;

    (d) Administer oaths and affirmations to witnesses;

    (e) Rule on discovery requests, establish discovery schedules, and, 

whenever the ends of justice would thereby be



[[Page 47]]



served, take or cause depositions or interrogatories to be taken and 

issue protective orders under Sec. 904.240(d);

    (f) Rule on motions, procedural requests, and similar matters;

    (g) Receive, exclude, limit, and otherwise rule on offers of proof 

and evidence;

    (h) Examine and cross-examine witnesses and introduce into the 

record on the Judge's own initiative documentary or other evidence;

    (i) Rule on requests for appearance of witnesses or production of 

documents and take appropriate action upon failure of a party to effect 

the appearance or production of a witness or document ruled relevant and 

necessary to the proceeding; as authorized by law, issue subpoenas for 

the appearance of witnesses or production of documents;

    (j) Require a party or witness at any time during the proceeding to 

state his or her position concerning any issue or his or her theory in 

support of such position;

    (k) Take official notice of any matter not appearing in evidence 

that is among traditional matters of judicial notice; or of technical or 

scientific facts within the general or specialized knowledge of the 

Department of Commerce as an expert body; or of a non-privileged 

document required by law or regulation to be filed with or published by 

a duly constituted government body; or of any reasonably available 

public document; Provided, That the parties will be advised of the 

matter noticed and given reasonable opportunity to show the contrary;

    (l) For stated good reason(s), assess a penalty de novo without 

being bound by the amount assessed in the NOVA;

    (m) Prepare and submit a decision or other appropriate disposition 

document and certify the record;

    (n) Award attorney fees and expenses as provided by applicable 

statute or regulation; and

    (o) Grant preliminary or interim relief.