[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: 40CFR179.78]



[Page 285]

 

                   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.  179.78  Unavailability of presiding officer.



    If the presiding officer is unable to act for any reason, his or her 

powers with respect to the hearing will be assigned by the Chief 

Administrative Law Judge to another presiding officer. The substitution 

will not affect the hearing, i.e., the testimony of the witnesses will 

not be taken anew except as the new presiding officer may order upon the 

request of a party where the credibility of a witness is of particular 

importance.