eCFR Reference Browser

---

title: "40 CFR §104.7"

source: "https://www.ecfr.gov/current/title-40/section-104.7"

title_number: "40"

volume_number: "24"

chapter_number: "Unknown"

subchapter_code: "D"

subchapter_subject: "WATER PROGRAMS"

part_code: "104"

part_subject: "PUBLIC HEARINGS ON EFFLUENT STANDARDS FOR TOXIC POLLUTANTS"

subpart_code: "A"

subpart_subject: "Applicability, Definitions, and General Requirements For All Facilities and All Types of Oils"

section_number: "104.7"

section_subject: "Powers of Presiding Officer."

cfr_reference: "40 CFR 104.7"

title_name: "Title 40"

title_subject: "Protection of Environment"

parts_covered: "Parts 100 to 135"

revised_date: "Revised as of July 1, 2019"

publication_date: "As of July 1, 2019"

contains_description: "Containing a codification of documents of general applicability and future effect"

publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"

---

The Presiding Officer shall have the duty to conduct a fair hearing within the time constraints imposed by section 307(a) of the Act. He shall take all necessary action to avoid delay and to maintain order. He shall have all powers necessary to these ends, including but not limited to the power to:

(a)Rule upon motions and requests;

(b)Change the time and place of the hearing, and adjourn the hearing from time to time or from place to place;

(c)Examine and cross-examine witnesses;

(d)Admit or exclude evidence; and

(e)Require any part or all of the evidence to be submitted in writing and by a certain date.

§104.7 - Powers of Presiding Officer.