subpart_subject: "Waiver of Interim Requirement for Use of Continuous Emission Reduction Technology"
section_number: "57.806"
section_subject: "Presiding Officer."
cfr_reference: "40 CFR 57.806"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 53 to 59"
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"
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(a)Assignment of Presiding Officer. (1) The Administrator shall, as soon as practicable after the granting of a request for hearing under § 57.803, request that the Chief Administrative Law Judge assign an Administrative Law Judge as Presiding Officer. The Chief Administrative Law Judge shall thereupon make the assignment.
(2)If the parties to the hearing waive their right to have the Agency or an Administrative Law Judge preside at the hearing, the Administrator shall appoint an EPA employee who is an attorney to serve as presiding officer.
(b)Powers and duties of Presiding Officer. It shall be the duty of the Presiding Officer to conduct a fair and impartial hearing, assure that the facts are fully elicited, and avoid delay. The Presiding Officer shall have authority to:
(1)Chair and conduct administrative hearings held under this subpart;
(3)Receive relevant evidence: Provided, that the administrative record, as defined in § 57.814, shall be received in evidence;
(4)Consider and rule upon motions, dispose of procedural requests, and issue all necessary orders;
(5)Hold conferences for the settlement or simplification of the issues or the expediting of the proceedings; and
(6)Do all other acts and take all measures necessary for the maintenance of order and for the efficient, fair and impartial conduct of proceedings under this subpart.