[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: 40CFR179.78]

[Page 321]
 
                   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.