[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.40]

[Page 178-179]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, 
 
 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 
 
Sec. 164.40  Qualifications and duties of Administrative Law Judge.

    (a) Qualifications. The Administrative Law Judge shall have the 
qualifications required by statute. He shall not decide any matter in 
connection with a proceeding where he has a financial interest in any of 
the parties or a relationship with a party that would make it otherwise 
inappropriate for him to act.
    (b) Disqualification of the Administrative Law Judge. (1) Any party 
may, by motion made to the Administrative Law Judge, as soon as 
practicable, request that he disqualify himself and withdraw from the 
proceeding. The Administrative Law Judge shall then rule upon the motion 
and, upon request of the movant, shall certify an adverse ruling for 
appeal.
    (2) Withdrawal sua sponte. The Administrative Law Judge may at any 
time withdraw from any proceedings in which he deems himself 
disqualified for any reason.
    (c) Conduct. The Administrative Law Judge shall conduct the 
proceeding in a fair and impartial manner subject to the precepts of the 
Canons of Judicial Ethics of the American Bar Association.
    (d) Power. Subject to review, as provided elsewhere in this part, 
the Administrative Law Judge shall have

[[Page 179]]

power to take actions and decisions in conformity with statute or in the 
interests of justice. The Administrative Law Judge shall not interrupt 
the recording of the proceedings on the record over the objection of any 
party.
    (e) Absence or change of the Administrative Law Judge. In the case 
of the absence or unavailability of the Administrative Law Judge, or his 
inability to act, or his removal by disqualification or withdrawal, the 
powers and duties to be performed by him under this part in connection 
with a hearing assigned to him may, unless otherwise directed by the 
Administrator, be assigned to another Administrative Law Judge so 
designated to act by the Chief Administrative Law Judge, the 
Administrator or the Environmental Appeals Board.

[38 FR 19371, July 20, 1973, as amended at 38 FR 34117, Dec. 11, 1973; 
57 FR 5342, Feb. 13, 1992]

                   Prehearing Procedures and Discovery