[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.54]

[Page 274-275]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                  Subpart D_General Rules and Hearings
 
Sec.  386.54  Administrative Law Judge.

    (a) Powers of an Administrative Law Judge. The Administrative Law 
Judge may take any action and may prescribe all necessary rules and 
regulations to govern the conduct of the proceedings to ensure a fair 
and impartial hearing, and to avoid delay in the disposition of the 
proceedings. In accordance with the rules in this subchapter, an 
Administrative Law Judge may do the following:
    (1) Give notice of and hold prehearing conferences and hearings.
    (2) Administer oaths and affirmations.
    (3) Issue subpoenas authorized by law.
    (4) Rule on offers of proof.
    (5) Receive relevant and material evidence.
    (6) Regulate the course of the administrative adjudication in 
accordance with the rules of this subchapter and the Administrative 
Procedure Act.
    (7) Hold conferences to settle or simplify the issues by consent of 
the parties.
    (8) Dispose of procedural motions and requests, except motions that 
under this part are made directly to the Assistant Administrator.
    (9) Issue orders permitting inspection and examination of lands, 
buildings, equipment, and any other physical thing and the copying of 
any document.

[[Page 275]]

    (10) Make findings of fact and conclusions of law, and issue 
decisions.
    (11) To take any other action authorized by these rules and 
permitted by law.
    (b) Limitations on the power of the Administrative Law Judge. The 
Administrative Law Judge is bound by the procedural requirements of this 
part and the precedent opinions of the Agency. This section does not 
preclude an Administrative Law Judge from barring a person from a 
specific proceeding based on a finding of obstreperous or disruptive 
behavior in that proceeding.
    (c) Disqualification. The Administrative Law Judge may disqualify 
himself or herself at any time, either at the request of any party or 
upon his or her own initiative. Assignments of Administrative Law Judges 
are made by the Chief Administrative Law Judge upon the request of the 
Assistant Administrator. Any request for a change in such assignment, 
including disqualification, will be considered only for good cause which 
would unduly prejudice the proceeding.

[70 FR 28485, May 18, 2005]