40 CFR §179.70
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The presiding officer shall conduct the hearing in a fair and impartial manner subject to the precepts of the Administrative Procedure Act. The presiding officer has all powers necessary to conduct a fair, expeditious, and orderly hearing, including the power to:
- (a)Specify and change the date, time, and place for conferences, and issue and modify a schedule for the hearing.
- (b)Establish an orderly manner for developing evidentiary facts at preliminary conferences under § 179.87, for making rulings on oral testimony and cross-examination under § 179.93, and for making other similar evidentiary rulings in accord with these regulations.
- (c)Prepare statements of the areas of factual disagreement among the participants.
- (d)Hold conferences to settle, simplify, or determine the issues in a hearing or to consider other matters that may expedite the hearing.
- (e)Administer oaths and affirmations.
- (f)Control the course of the hearing and the conduct of the participants.
- (g)Examine witnesses and strike their testimony if they fail to respond fully to proper questions.
- (h)Rule on, admit, exclude, or limit evidence.
- (i)Set the time for filing pleadings.
- (j)Rule on motions and other procedural matters.
- (k)Rule on motions for summary decision under § l79.90.
- (l)Conduct the hearing in stages if the number of parties is large or the issues are numerous and complex.
- (m)Strike the participation of any person under § l79.42(f), or exclude any person from the hearing under § l79.50, or take other reasonable disciplinary action.
- (n)Take any other action for the fair, expeditious, and orderly conduct of the hearing that is not in conflict with law or these rules.