[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: 40CFR179.70]



[Page 284]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                       Subpart D_Presiding Officer

 

Sec.  179.70  Authority of presiding officer.



    The presiding officer shall conduct the hearing in a fair and 

impartial manner subject to the precepts of the Administrative Procedure 

Act. The presiding officer has all powers necessary to conduct a fair, 

expeditious, and orderly hearing, including the power to:

    (a) Specify and change the date, time, and place for conferences, 

and issue and modify a schedule for the hearing.

    (b) Establish an orderly manner for developing evidentiary facts at 

preliminary conferences under Sec.  179.87, for making rulings on oral 

testimony and cross-examination under Sec.  179.93, and for making other 

similar evidentiary rulings in accord with these regulations.

    (c) Prepare statements of the areas of factual disagreement among 

the participants.

    (d) Hold conferences to settle, simplify, or determine the issues in 

a hearing or to consider other matters that may expedite the hearing.

    (e) Administer oaths and affirmations.

    (f) Control the course of the hearing and the conduct of the 

participants.

    (g) Examine witnesses and strike their testimony if they fail to 

respond fully to proper questions.

    (h) Rule on, admit, exclude, or limit evidence.

    (i) Set the time for filing pleadings.

    (j) Rule on motions and other procedural matters.

    (k) Rule on motions for summary decision under Sec.  l79.90.

    (l) Conduct the hearing in stages if the number of parties is large 

or the issues are numerous and complex.

    (m) Strike the participation of any person under Sec.  l79.42(f), or 

exclude any person from the hearing under Sec.  l79.50, or take other 

reasonable disciplinary action.

    (n) Take any other action for the fair, expeditious, and orderly 

conduct of the hearing that is not in conflict with law or these rules.



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