[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

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

[CITE: 40CFR179.117]



[Page 291-292]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                     Subpart F_Decisions and Appeals

 

Sec.  179.117  Designation and powers of judicial officer.



    (a) One or more judicial officers may be designated by the 

Administrator. A judicial officer shall be an attorney who is a 

permanent or temporary employee of the Agency or of another Federal 

agency. A judicial officer may perform other duties. A judicial officer 

who performs any duty under this part may not be employed by OPPTS, by 

the Pesticides and Toxic Substances



[[Page 292]]



Division of the Office of General Counsel, or by any other person who is 

a representative of OPPTS in the hearing. A person may not be designated 

as a judicial officer in a hearing if he or she performed any 

prosecutorial or investigative functions in connection with that hearing 

or any other factually related hearing.

    (b) The Administrator may delegate to the judicial officer all or 

part of the Administrator's authority to act in a given proceeding under 

this part. Such a delegation does not prevent the judicial officer from 

referring any motion or case to the Administrator when appropriate.



[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992]