[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: 40CFR179.117]

[Page 328]
 
                   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 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]