[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.18]



[Page 163-164]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.18  Administrative law judge.



    (a) General. The administrative law judge shall conduct a fair and 

impartial hearing in accordance with 5 U.S.C. 554, and shall take all 

necessary action to avoid delay and maintain order. He or she shall have 

all power consistent with Agency rule and with the Administrative 

Procedure Act, 5 U.S.C. 551 et seq., necessary to this end, including 

the following:

    (1) To administer oaths and affirmations;

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

    (3) To regulate the course of the hearings and the conduct of the 

parties and their counsel;

    (4) To hold conferences for simplification of the issues or any 

other proper purpose;

    (5) To consider and rule upon all appropriate procedural and other 

motions, and to issue all necessary orders;

    (6) To require the submission of testimony in written form whenever 

in the opinion of the administrative law judge oral testimony is not 

necessary for full and true disclosure of the facts.

    (7) To require the filing of briefs on any matter on which he or she 

is required to rule;

    (8) To require any party or any witness, during the course of the 

hearing,



[[Page 164]]



to state his or her position on any relevant issue;

    (9) To take depositions or cause depositions to be taken in 

accordance with Sec.  209.22.

    (10) To render judgments upon issues of law during the course of the 

hearing.

    (11) To issue subpenas authorized by law.

    (b) Assignment of administrative law judge. When an answer which 

contains a written demand for a hearing is filed, the administrator 

shall refer the proceeding to the chief administrative law judge, who 

shall conduct the proceeding, or assign another administrative law judge 

to conduct the proceeding.



(Sec. 16, Noise Control Act (42 U.S.C. 4915))